Clean Water Act Requirements for Airports (2016)

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12 C H A P T E R 3 Table 3-1 provides an overview of the potential applicability of the various CWA and other water-related environmental permits that an airport might be required to obtain and maintain. 3.1 NPDES Industrial Stormwater Permit The industrial stormwater program regulates only those discharges associated with indus- trial activity and otherwise unregulated stormwater discharges that are commingled with those industrial stormwater discharges. Stormwater discharges from nonindustrial areas at an airport, such as administrative buildings, landside terminal areas, and public parking lots, are generally not covered by the industrial stormwater program. Such discharges may be part of another NPDES stormwater permitting program or they may not be regulated in any way. EPA specifically identifies the following industrial activities occurring at air transportation facilities as requiring an NPDES industrial stormwater permit: • Servicing, repairing, or maintaining aircraft and ground support equipment (GSE); • Equipment cleaning and maintenance, which includes vehicle and equipment repairs, painting, fueling, and lubrication; and • Deicing/anti-icing operations. As a result, if one or more of these activities are present at an airport, permit coverage for the associated stormwater discharges must be obtained, either by the airport or by the airport tenants that conduct the activities if the tenant facility is separately permitted. The CWA’s NPDES permit program relies upon a shared federalism between EPA and the states to develop, implement, and issue permits. States may seek “authorization” from EPA to issue permits. Today, EPA remains the permitting authority in only a handful of states and territories that have not been authorized to administer their own programs. EPA’s permitting authority applies to Idaho, Massachusetts, New Hampshire, and New Mexico, as well as various U.S. territories (including the District of Columbia) and in certain other states only with regard to federal facilities and certain tribal lands. Despite its limited applicability, EPA’s permits are used as models for states with authorized permitting programs. 3.1.1 Types of Industrial Stormwater Permits Authorization for the discharge of stormwater associated with industrial activity is obtained through one of two types of NPDES permits: general or individual. General Industrial Stormwater Permits. Because of the volume of regulated entities subject to the stormwater program, EPA has used general permits to ease its administrative burden, and CWA and Related Permits

Nature of Airport Activity Potentially Applicable Permit A i r c r a f t D e i c i n g / A n t i - i c i n g A i r c r a f t / V e h i c l e / E q u i p m e n t O p e r a t i o n A i r c r a f t / V e h i c l e / E q u i p m e n t F u e l i n g A i r c r a f t / V e h i c l e / E q u i p m e n t W a s h i n g A i r c r a f t L a v a t o r y S e r v i c e B u i l d i n g O p e r a t i o n / M a i n t e n a n c e B u l k F u e l a n d O i l S t o r a g e / H a n d l i n g C a r g o H a n d l i n g C h e m i c a l S t o r a g e / H a n d l i n g D e m o l i t i o n / C o n s t r u c t i o n / D e v e l o p m e n t F i r e F i g h t i n g T r a i n i n g / T e s t i n g / F l u s h i n g G r o u n d S e r v i c e E q u i p m e n t O p e r a t i o n G r o u n d s M a i n t e n a n c e / L a n d s c a p i n g M o t o r V e h i c l e O p e r a t i o n O n - a i r p o r t P o w e r G e n e r a t i o n P a i n t i n g P a v e m e n t D e i c i n g P r o p e r t y A c q u i s i t i o n R u n w a y R u b b e r R e m o v a l S p i l l R e s p o n s e W a s t e G e n e r a t i o n / D i s p o s a l M a r i n e O p e r a t i o n s NPDES Stormwater Discharges Associated with Industrial Activities • • • • • • • • • • • • • • • • • • • NPDES Stormwater Discharges Associated with Construction Activities • • • • NPDES Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems (MS4) • • • • • • • • • • • • • • • • • • • NPDES Process Water or Wastewater Treatment Discharge • • • • NPDES VGP • • NPDES Industrial Pretreatment Permit • • • • • • • • • • NPDES Pesticide General Permit • Section 404 Permit • • • Rivers and Harbor Act Section 10 Permit • • • Table 3-1. Applicability of various permits.

14 Clean Water Act Requirements for Airports states have followed suit. General permits are issued for specific groups of regulated entities and thus must be drafted rather generically to be applicable to as many of those entities as possible. General permits go through a notice and comment rulemaking process and once completed, facili- ties that wish to comply with the general permit typically must file a Notice of Intent (NOI) form that certifies that the permittee will comply with the terms and conditions contained in the permit. EPA issued its first NPDES general permit, the Baseline General Permit, for industrial stormwater discharges, including airport deicing operations, in 1992. This permit was superseded by the Multi-Sector General Permit (MSGP), which was first promulgated in 1995 (and most recently revised in 2015). As of this writing, legal challenges have been filed regarding certain aspects of the 2015 MSGP, but any changes resulting from the litigation are not expected to be implemented until the next MSGP is promulgated. See the adjacent call out box for sources of information on the current status of the MSGP. EPA developed the “air transportation” sector of the MSGP predominantly from information submitted through the AAAE Group Stormwater Permit Application in the early 1990s. Because the MSGP relied on the latest industry information during its development, it was seen as far superior to the Baseline General Permit. As such, although authorized states retain discretion regarding their own general permitting approaches (providing they meet mini- mum NPDES requirements), more states have adopted general permits based on EPA’s MSGP than any other model permit. 3.1.1.1 Individual Industrial Stormwater Permits Unlike general permits, individual permits are tailored to the actual activities occurring at the site and require a thorough analysis of site-specific conditions. For this reason, individual per- mits are preferred by some regulators over general permits for complex facilities or where spe- cific environmental concerns exist. While EPA and most states have developed general permits that are broadly applicable to industrial stormwater discharges, one specific departure from this trend has been with regard to airports that are more complex or where large-scale deicing opera- tions are conducted. Several states prohibit complex sites, including some airports, from seeking coverage under the state’s general permit, requiring instead that such sites obtain individual permits. The theory behind this requirement is that general permits provide limited site-specific controls and may provide sufficient environmental protection for small- or medium-sized air- ports that lack significant operations that might present environmental risks, but are unlikely to do so for large airports. Similarly, usage of large amounts of aircraft and airfield deicers is often seen as presenting environmental risks that will not be adequately addressed by the requirements of the state’s general permit. 3.1.1.2 Permit Development There are several fundamental differences in the development of general versus individual permits. General permits tend to provide more narrative approaches to fundamental permit- ting issues (for example, compliance with water quality standards and implementation of Best Management Practices, or BMPs). In contrast, individual permits require a two-part analysis that first mandates implementation of appropriate technology standards (typically BMPs in stormwater permits) and next requires that the permit writer assess receiving water bodies and determine if additional compliance requirements should be imposed to maintain water quality standards. Airports that discharge to smaller, more sensitive water bodies are likely to be subject to the more stringent analyses and requirements [larger water bodies generally assimilate con- ventional pollutants that are discharged from airports—including Biochemical Oxygen Demand Current information on the MSGP may be found on EPA’s NPDES Stormwater Discharges from Indus- trial Activities website. Search using the following key words: EPA MSGP stormwater

CWA and Related Permits 15 (BOD) and total suspended solids (TSS)—with less chance of impacting water quality of those water bodies]. These requirements may be expressed as numeric limits either on the concentra- tions or mass loadings associated with the discharges, or alternatively as performance metrics associated with the stormwater management system (for example, percent of total applied deicers either collected and treated, or contained in permitted discharges). 3.1.2 Tenant Coverage With either general permits or individual permits, airports have been allowed generally to include major tenants as co-permittees. EPA’s MSGP 2015 requires all regulated parties at an airport to file for permit coverage, although overall compliance can be shared among the various parties. In most states, however, the choice of whether to include such tenants as co-permittees is an airport-specific decision. This also holds true for the decision whether to cover tenant opera- tions through the airport’s permit without co-permittee status, or require tenants to obtain their own permits. In both individual and general permit scenarios, airports may have to engage and manage significant interactions with tenants to ensure that appropriate controls are in place, are functioning, and lead to permit compliance. This may require relatively detailed collaboration with regard to the airport’s stormwater pollution prevention plan (SWPPP), deicing runoff management plan, and other compliance mandates in the permit. 3.1.3 Applying for or Renewing Permits The process of applying for or renewing an NPDES Industrial Stormwater Permit depends on the type of permit, general or individual. Often, this deter- mination will be made by the permitting authority, with the default being the general permit. The individual permit will be specified where the permit- ting authority believes that site-specific considerations are needed to pro- vide adequate environmental protection. The following discussions provide overviews of these processes. Both processes include opportunities for the public (and airports) to get involved, file comments, and, if necessary, legally challenge the final permit. 3.1.3.1 General Permit The process for obtaining coverage under a general industrial stormwater permit is typi- cally straightforward, but varies in detail with the permitting authority. EPA’s national NPDES website, identified in the call out, includes links to state-level permitting authorities where these details are described. The generic process may be summarized in the following steps: 1. Obtain and review a copy of the applicable general industrial stormwater permit from the per- mitting authority. These are normally available via downloading from permitting authority websites. 2. Determine requirements associated with all industrial categories that are present at the airport. 3. Determine if discharge is to an impaired water body, and associated permit requirements. 4. Develop or update an SWPPP consistent with the requirements in the permit, and then imple- ment the SWPPP. 5. Submit an NOI to the permitting authority. Authorization for the discharge is normally effective 30 days after submittal of the completed NOI unless the applicant is notified by the permitting authority that authorization has been denied or delayed. For links to the state-level per- mitting authorities, see the EPA’s national NPDES website. Search using the following key words: EPA general industrial per- mit, state permitting authorities

16 Clean Water Act Requirements for Airports 3.1.3.2 Individual Permit The process for developing individual NPDES permits is set forth at 40 CFR Part 124. The process can be summarized in the following major steps: • The permittee prepares and submits a permit application to the permitting authority. • The permitting authority develops a draft permit: – Reviews application for completeness and accuracy. Requests additional information from the permittee as necessary. – Develops technology-based effluent limits using application data and other sources. – Develops water quality–based effluent limits developed using application data and other sources. – Compares water quality–based effluent limits against technology-based effluent limits, and chooses the more stringent of the two as the effluent limits for the permit. – Develops monitoring requirements for each pollutant. – Develops special conditions. – Develops standard conditions. – Considers variances and other applicable regulations. – Prepares the draft fact sheet, summarizing the principal facts and the significant legal, methodological, and policy questions considered in preparing the draft permit, including public notice of the draft permit and other supporting documentation. • The review and issuance process involves: – Permitting authority provides permittee with Pre-Public Notice (PPN) draft permit package for review and comment. – Permittee provides written comments on PPN draft permit package. – Permitting authority prepares and publishes public notice draft permit package. – Permitting authority receives and addresses public comments. • Permitting authority issues the final permit. • Permitting authority ensures permit requirements are implemented. Both the individual and general permitting processes include opportunities for the public (and airports) to get involved, file comments, and, if necessary, challenge the final permit in court. 3.1.4 Compliance Requirements Industrial stormwater permits are generally issued for a 5-year period and may include some combination of numeric and/or non-numeric effluent limitations or benchmark concentrations for pollutants, monitoring requirements, and/or special conditions to meet water quality standards. Core compliance strategies and activities include: • Develop and implement a SWPPP that addresses specific permit requirements and identifies stormwater BMPs to reduce the potential for industrial pollutants to mix with stormwater; • Implement a stormwater pollution prevention team that includes representatives from airport tenants who conduct regulated industrial activities; • Train airport and tenant staff on stormwater pollution prevention measures; • Sample stormwater discharges, as specified in the permit; • Respond to excursions of benchmark or action level concentrations or effluent limitations as specified in the permit; • Routinely inspect airport operations, including during rain events, to determine if stormwater pollutants are visible; • Update SWPPP when changes to the airport are made that have the potential to affect storm- water quality; and • Submit a permit renewal application to the appropriate permitting agency at least 180 days before the permit expiration date.

CWA and Related Permits 17 3.2 NPDES Construction Stormwater Permit This section describes the NPDES permit for discharges of stormwater associated with con- struction activities, commonly referred to as the construction general permit (CGP). It should be noted that the permittee may be the airport, the tenant that is undertaking the construction, or a contractor responsible for the construction. Permits generally are issued to the party with operational control of the land-disturbing construction activities. EPA has developed a CGP for areas subject to its permitting authority, and most authorized states, but not all, use this permit as a model for their CGP. 3.2.1 Description Because of the unique characteristics and conditions associated with active construction sites, stormwater discharges associated with construction activities are permitted separately under the NPDES program. Examples of pollutants that may affect stormwater quality from construction sites include sediment, oil, grease, and chemicals. A CGP is required for construction sites dis- turbing greater than one acre of land. Construction activities that disturb smaller areas, but are part of a larger common plan for development, may be required to obtain a permit if the plan will ultimately disturb five acres or more. CGPs include effluent limits for erosion and sediment control, pollution prevention, and site stabilization. In 2009, EPA published nationally applicable ELGs (the Construction and Development or C&D ELGs) to establish minimum permit conditions for all EPA and state CGPs. The 2009 C&D ELGs were litigated and EPA ultimately promulgated significant revisions to them in 2014 that include a series of pollution prevention and other BMPs for all construction stormwater permits. 3.2.2 Application Process CGP coverage is obtained by preparing and submitting an NOI, certifying that the permittee meets the permit’s eligibility conditions and will comply with the permit’s requirements. Autho- rization after submitting the NOI is relatively quick (typically within seven days). Similar to other NPDES permits, CGPs are issued for 5 years, but often states will allow operators to continue under the permit related to the NOI the operator filed even if a newer permit has subsequently been issued by the state. Increasingly, states now require that NOIs be filed electronically. 3.2.3 Compliance Requirements EPA’s CGP requires compliance with the C&D ELG requirements and other numeric and/or non-numeric effluent limits, development and implementation of an SWPPP, inspections, and other permit requirements. The NOI must be submitted and the conditions specified in the permit (e.g., SWPPP prepa- ration, training, etc.) must be met prior to any land-disturbing construction activities, such as clearing, grading, and excavation. In addition to the requirements in the CGP, construction activities must also comply with FAA AC 150/5370-10, “Standards for Specifying Construction of Airports,” which includes construction BMPs and minimization measures. Also, airports may want to coordinate with the U.S. Department of Agriculture (USDA) and the permit issuing authority to ensure that permit BMP requirements do not conflict with FAA AC 150/5200-33B, “Hazardous Wildlife Attractants on or Near Airports.” Core compliance strategies and activities include: • Obtain a copy of the CGP from the applicable permitting authority, and review it to under- stand all requirements;

18 Clean Water Act Requirements for Airports • Develop a SWPPP for construction activities, as well as all other documents and activities required by the CGP; • Prepare and submit the CGP permit NOI prior to commencement of any construction activities; • Ensure BMPs are implemented during construction to help prevent water quality impacts; and • Conduct applicable inspections, monitoring, and reporting as required by the CGP. 3.3 NPDES MS4 Stormwater Permit CWA Section 402(p) not only requires NPDES permits for stormwater discharges associated with industrial activity and most construction projects, it also requires municipalities to permit their storm sewer systems. Airports may either be considered nontraditional municipal systems or may discharge into other regulated municipal systems. Both scenarios would require the air- port to take certain actions for any stormwater discharges that enter such systems. 3.3.1 Description The CWA’s NPDES permit program requires operators of MS4s that meet minimum size thresholds or population densities, or have been designated as nontraditional MS4s to obtain stormwater permits. An MS4 is a conveyance or system of conveyances (including roads, catch basins, curbs, gutters, ditches, man-made channels, and storm drains) that is owned or operated by a public body, designed and used for collecting stormwater, is not a combined sewer, and is not part of a POTW. EPA distinguishes MS4s for NPDES permit obligations on the basis of the density and size of the population being served by the system. According to EPA, the term MS4 does not solely refer to municipally owned storm sewer systems, and EPA requires MS4 permits for certain nontraditional systems. Examples include, but are not limited to, entities such as state departments of transportation (DOTs), airports, universities, local sewer districts, hospitals, military installations, post offices, prisons, or irrigation districts. 3.3.2 Application Process Medium and large MS4s (serving populations of 100,000 and greater) are issued individual permits by their permitting authorities. Small MS4s normally are eligible for general permits issued by the permitting authorities. Both types of MS4 permits require operators to reduce dis- charges of pollutants from the MS4 to the maximum extent practicable (MEP) through imple- mentation of a stormwater management program. The MEP standard is not defined in the CWA or in EPA regulations, but EPA takes the position that it is achieved through a program that focuses on the following six minimum control measures: • Public education; • Public involvement; • Illicit discharge detection and elimination; • Construction stormwater management; • Post-construction stormwater management; and • Pollution prevention/good housekeeping. Training is an important component of a stormwater management program to ensure respon- sible parties are aware of requirements and program elements. Typically, there is a timeframe of 5 years from the time an MS4 permit is issued and the requirement for full implementation of

CWA and Related Permits 19 the stormwater management program. An MS4 may impose conditions or practices to minimize pollutants entering the MS4 system. 3.3.3 Compliance Requirements MS4 operators may impose certain conditions on airport stormwater discharges within the municipality’s MS4 service area, typically through conditions in the municipality’s storm- water management plan. This may result in the need for additional monitoring and control of pollutants within the airport’s drainage area before discharging into the neighboring MS4 system. Some airports may also be classified as nontraditional MS4s, which can result in those airports obtaining separate MS4 permit coverage. The following two strategies are key to com- pliance attainment: • Identify areas at the airport that are covered under an MS4 permit. This may include distin- guishing other permitted discharges (such as industrial stormwater discharges) to prevent multiple permits covering a single discharge. Typically, airport MS4 discharges may include public areas outside the security fence line as well as diffuse runoff from runways, taxiways, and other nonindustrial areas; and • Implement a stormwater management plan and/or pollution prevention/good housekeeping practices. 3.4 NPDES Wastewater Discharge Permit Airports may generate regulated discharges other than those associated with precipitation and stormwater. 3.4.1 Description Direct discharges of treated wastewater to WOTUS are required to obtain an NPDES Waste- water Discharge Permit. In the context of an airport, any direct discharge of treated effluent from an onsite treatment facility or process may require an NPDES Wastewater Discharge Permit. Wastewater discharges can include the effluent from systems designed to treat a wide range of materials, including deicing fluids collected at the airport, aircraft wash water, other building or pavement cleaning wash water that contains cleaning chemicals, recovered fuel, water associated with fire training activities, or other non-stormwater discharges exposed to pollutants that are not otherwise exempt. 3.4.2 Application Process In general, the application process for obtaining an NPDES Wastewater Discharge Permit is very similar to that for an NPDES Industrial Stormwater Permit (Section 3.1.3), but for the most part is limited to individual permits issued for specific activities. For that reason, the process will not be repeated here. 3.4.3 Compliance Requirements The primary compliance requirements for NPDES Wastewater Discharge Permits are adher- ence to any specified compliance schedule, discharge monitoring and submittal of Discharge Monitoring Reports to demonstrate that effluent limitations are not being exceeded, and

20 Clean Water Act Requirements for Airports preparation and submittal of other compliance plans and documentation that may be stipu- lated in the permit. 3.5 Industrial Pretreatment Permit Wastewaters that are not directly discharged to WOTUS may instead be discharged to a local POTW for treatment. This section discusses industrial pretreatment permits that are required for such discharges. 3.5.1 Description POTWs are designed primarily to treat domestic sewage, but are generally capable of accept- ing and treating a wide variety of other biodegradable wastewaters from industrial operations. However, industrial wastewaters can have a significantly higher organic strength (e.g., BOD) than domestic sewage, or contain pollutants that the POTW treatment process is not optimized to remove. EPA’s National Pretreatment Program establishes requirements and guidance for POTWs receiving industrial wastewater to develop and implement their own industrial pretreatment pro- gram to avoid the potentially negative effects of industrial discharges. A central requirement is the development of local limits for industrial discharges to prevent interference with the operation of the treatment processes, and prevent pass-through of pollutants that could result in violation of the POTW’s NPDES permit limits or water quality standards in receiving waters. Under this arrangement, the POTW is the pretreatment permitting authority pursuant to authorization in its NPDES permit. Each POTW establishes its own local sewer use ordinance that defines require- ments for obtaining a user permit and appropriate discharge requirements and conditions. The primary applicability of industrial pretreatment permits to airports will be in discharges from building floor drains, wash racks and stations, and collected deicing runoff to sanitary sewers for treatment at a POTW. Deicing runoff discharges present a unique complication in that they are considered industrial discharges, but have a significant stormwater component. For this reason, POTWs will have potential concerns about both the types and concentrations of pollut- ants, as well as the volumes of stormwater that will be processed by the POTW. In some cases, POTW regulations or policies regarding receipt of stormwater may affect the ability to accept airport discharges of deicing runoff. 3.5.2 Application Process The airport must submit an application for a discharge permit to the applicable control authority: either the state agency or EPA for an NPDES permit or the local POTW for an indus- trial pretreatment discharge permit. Each control authority has specific application procedures and permit application forms. These are often available from the control authority’s website, although it is highly recommended that the airport call or meet with the appropriate contact person(s) early in the permitting process to discuss the nature of the intended industrial waste- water discharge, application requirements, and any specific supplemental information that may be required. In the case of airport deicer-affected stormwater discharges, the POTW’s available BOD treatment capacity must be assessed against the capacity needed for the loads expected from the airport’s deicing runoff collection program. Assuming that adequate treatment capacity is available, discharge loading and/or concentration limits for BOD or chemical oxygen demand (COD) will be established as part of the permit development process.

CWA and Related Permits 21 Industrial pretreatment discharge permits are issued with an effective duration of not more than 5 years and must be renewed prior to expiration. The permitting control authority estab- lishes procedures and application forms for renewal of the permit. Renewal applications for state or EPA NPDES industrial pretreatment permits must be submitted at least 180 days prior to the permit expiration date. Local industrial pretreatment discharge permit renewal requirements and procedures vary among POTW pretreatment programs, and the program contact should be consulted for specific details. 3.5.3 Compliance Requirements Discharge limits and other compliance conditions in industrial pretreatment permits are necessary to ensure that the discharges do not negatively impact a POTW’s ability to comply with its own NPDES permit requirements. Each permitted industrial discharger is responsible for designing, installing, and operating any pretreatment system that may be required to com- ply with the discharge limits in their permit, as well as monitoring and reporting discharges authorized under the permit. Permits may include other conditions and requirements relating to the discharge. For example, ramp-up schedules for deicing discharges at the beginning of the winter can be required to allow the biological processes of the POTW to adapt to the new food source. The following strategies are employed for industrial pretreatment permit compliance attainment: • Identify if an industrial pretreatment permit is needed for the airport and understand the permit requirements; • Determine if a slug control plan is required as a result of refueling operations, and then request that the pretreatment program authority consider accepting an SPCC plan as an alternative, if available; • Manage discharges through discharge flow and concentration controls, adequate storage, and operator training; • Report pollutants that, if accidently discharged into the system, could cause interference with the POTW; • Ensure staff is aware of the types and amounts of pollutants that could cause an interference with the POTW; and • Confirm wash rack/stations and floor drains in maintenance facilities are connected to an oil/water separator prior to discharge to a POTW, and confirm the oil/water separator is main- tained (i.e., grit trap emptied and sludge pumped out) and properly functioning. 3.6 Vessel General Permit Airports that operate fire boats, work boats, ferries, or other vessels may be subject to the VGP. 3.6.1 Description EPA controls incidental discharges from commercial vessels through two similar NPDES general permits: the VGP and the Small Vessel General Permit (sVGP). These permits cover discharges such as ballast water, bilgewater, graywater (e.g., water from sinks, showers), and deck washdown and runoff. Recreational vessels as defined in section 502(25) of the CWA are not subject to the VGP. In addition, all commercial fishing vessels regardless of length, are not subject to the VGP.

22 Clean Water Act Requirements for Airports The most recent VGP, issued by the EPA in 2013, is generally applicable to incidental discharges into WOTUS from commercial vessels greater than 79 feet in length and for ballast water from commercial vessels of all sizes. However, as of the date of this writing, the Second Circuit Court of Appeals found that EPA’s VGP was arbitrary and capricious and has remanded the permit back to EPA. This will require EPA to issue a more stringent permit or better explain the conditions in the current permit by 2018. The sVGP was most recently issued in 2014 for the control of incidental discharges for vessels less than 79 feet in length. Coverage for discharges, with the exception of ballast water, from qualifying vessels is not required under the sVGP until December 18, 2017. As of the date of this writing, EPA’s VGP was remanded by the Second Circuit Court of Appeals and EPA is working to develop a new VGP consistent with the court’s opinion. Only ballast water from sVGP vessels is currently regulated. The adjacent call out box provides sources of current information on both permits and compliance requirements. 3.6.2 Application Process Coverage under the VGP is obtained by either filing an NOI, or, for vessels less than 300 gross tons and that do not have the capacity to hold or discharge more than eight cubic meters of ballast water, completion of a Permit Authorization and Record of Inspection (PARI) Form (Appendix K of the 2013 VGP), and retaining a copy of that form onboard the vessel at all times. Discharge authorization under the sVGP is obtained by completing and retaining the PARI form. 3.6.3 Compliance Requirements Compliance with the VGP consists of meeting the following criteria: • General effluent limits applicable to all covered discharges; • General effluent limits applicable to 26 specific discharge streams; • Narrative, water quality–based effluent limits; • Inspection, monitoring, recordkeeping, and reporting requirements; and • Additional requirements applicable to certain vessel types. 3.7 Pesticide General Permit An NPDES PGP is required for discharges of pollutants from pesticide applications. Typically, such discharges would be in conjunction with stormwater discharges containing pollutants from pesticide applications. 3.7.1. Description PGP permits are required for any point-source discharge to WOTUS containing pollutants from the application of (1) biological pesticides and (2) chemical pesticides that leave a residue. Four pesticide use patterns have been identified by EPA as generally capturing the full range of pesticide application activities that meet this condition: mosquitoes and other flying insect pests, weeds and algae, animal pests, and forest canopy pests. This includes point-source discharges from entities such as irrigation and mosquito control districts; federal, state, and local govern- ments; and for-hire pesticide applicators. Details on the program applicability and requirements can be found on EPA’s Pesticide Appli- cations website, referenced in the adjacent call out box. The website includes an interactive Current information on both VGPs and compliance requirements can be found on EPA’s Vessels Incidental Discharge Permitting website. Search using the following key words: EPA Incidental Discharge Permitting VGP

CWA and Related Permits 23 Permitting Decision Tool that assists in determining if a PGP is needed, and, if so, what the compliance requirements would be. 3.7.2 Application Process As is the case with other NPDES permits, the PGP is primarily issued and administered at the state level, while EPA only issues the PGP for areas and activities where the states are not authorized. The areas where EPA is the permitting authority for pesticide discharges differ somewhat from the areas governed in other NPDES permit programs and consists of the following: • Idaho, Massachusetts, New Hampshire, New Mexico, and Washington, D.C.; • All U.S. territories except the Virgin Islands; • Activities associated with oil, gas, or geothermal resources in Texas; • Federal facilities in Delaware, Vermont, Colorado, and Washington; and • All Native American country lands except in Maine. Facilities located in any of these areas are covered under EPA’s PGP, and permit application consists of preparation and submittal of an NOI following the instructions in the latest version of the PGP. NOIs submitted online using EPA’s electronic NOI (eNOI) system. NOI submittal deadlines and discharge authorization dates differ with the pesticide application. Details are provided in the PGP. In all other areas of the United States, the state or territory environmental permitting authority develops and issues the PGP. Facilities located in these states or territories should contact their permitting agency to determine their specific PGP application process. In general, the process will entail submittal of an NOI, similar to the EPA PGP approach. 3.7.3 Compliance Requirements EPA’s PGP includes a range of compliance requirements, with distinctions made in the responsibilities of decision-makers and applicators. This distinction is important for airports to understand. EPA defines these roles in the PGP as follows: • Decision-maker: any entity with control over the decision to perform pesticide applications including the ability to modify those decisions that result in a discharge to WOTUS; and • Applicator: any entity who performs the application of a pesticide or who has day-to-day con- trol of the application (i.e., they are authorized to direct workers to carry out those activities) that results in a discharge to WOTUS. The PGP includes the following compliance requirements: • TBELs that are stated in terms of the responsibilities of applicators and decision-makers to follow practices that minimize the discharge of pesticides to WOTUS; • Water quality–based limitations that require all discharges comply with applicable numeric and narrative water quality standards; • Visual monitoring during application operations; • Large entities, as defined in Appendix A of the PGP, must prepare a Pesticide Discharge Management Plan (PDMP); • Corrective actions in the event that other requirements are not met; and • Recordkeeping and annual reporting. If your airport is located in a state or territory with permitting authorization, obtain a copy of your environmental permitting authority’s PGP to specific compliance requirements. Current information on the PGP can be found on EPA’s Pesticide Applications website. Search using the following key words: EPA PGP

24 Clean Water Act Requirements for Airports 3.8 CWA Section 404 Permits Airports typically encounter the need for Section 404 permits in conjunction with development projects. 3.8.1 Description Section 404 CWA permits authorize discharges of dredged or fill materials into WOTUS (33CFR Part 323). Dredged material refers to “material that is excavated or dredged from WOTUS.” Fill refers to “material placed in WOTUS where the material has the effect of displac- ing water with dry land or changing the bottom elevation of any WOTUS.” Fill material may include, but is not limited to rock, sand, soil, clay, plastics, construction materials or debris, wood chips, and material from mining or excavation activities. It does not include trash or garbage. There are two major categories of Section 404 permits: general and individual. The two cat- egories are distinguished and utilized based on the area and/or length of impacts to WOTUS, including both streams and wetlands. The individual permit and the two types of general permits are discussed in the following paragraphs. 3.9 Section 404 Regional and Nationwide Permits General permits are meant to streamline the Section 404 permitting process and can be utilized for defined minimal impacts to WOTUS. General permits most often include CWA Section 401 water quality certification. Impact thresholds typically measure less than either 300 linear feet and/or 0.5 acre, but vary depending on the type of activity or project. General permits also have general conditions that may vary by USACE district. The majority of Section 404 regulated activities are authorized via general permits, which have a lifespan of 5 years from the issuance date. There are two types of general permits: regional and nationwide. 3.9.1 Regional Permits Regional permits are authorized by district or division engineers in order to address the spe- cific needs of a USACE district. Most regional permits are developed for specific types of com- mercial development-, transportation-, or energy-related activities that impact WOTUS. These permits are for relatively low impact quantities, but vary depending on the type of activity and USACE district. Contact the local USACE district or review its website for applicable regional permits and impact thresholds. 3.9.2 Nationwide Permits Nationwide permits (NWP) were first utilized over 30 years ago and are revised and reissued every 5 years by the USACE. As of 2016 there are 50 different NWPs that address both Sec- tion 10 and Section 404 impacts to WOTUS. In order to utilize an NWP, discharges of dredged or fill material (impacts) must not exceed specific amounts, which for many, but not all NWPs, is either 300 linear feet or 0.5 acre. Specific amounts are defined in each NWP description. Furthermore, district engineers are authorized to waive the 300 linear foot limit on impacts to intermittent and ephemeral streams for some NWPs. District engineers are also able to add case-specific special conditions to NWPs in order to address site-specific environmental concerns.

CWA and Related Permits 25 Some NWPs also have lower impact thresholds for wetlands (0.1 acre) that trigger the require- ment for pre-construction notifications (PCN) and compensatory mitigation plans. Mitigation plans must be approved by a district engineer before a permit is issued and work can commence. The district engineer has 45 days to complete the review of a mitigation plan once the PCN is determined to be complete. Along with various impact thresholds, there are up to 31 general conditions that must also be met depending on the type of impact and the applicability of the 31 general conditions. The conditions most often applicable involve threatened and endangered species; migratory birds, and bald and golden eagles; historic properties; floodplains; aquatic fauna; tribal rights; and mitigation. By utilizing or applying for an NWP, it is assumed that the applicant has complied with all the applicable general conditions. Most NWPs are specific to particular types of activities and related discharges to WOTUS and may not be applicable to regular airport operation. This is a partial list of other more general NWPs that may be applicable to airports: • NWP 3 Maintenance, NWP 12 Utility Line Activities; • NWP 14 Linear Transportation Projects; • NWP 20 Response Operations for Oil and Hazardous Substances; • NWP 33 Temporary Construction, Access and Dewatering; • NWP 38 Cleanup of Hazardous and Toxic Waste; • NWP 39 Commercial and Institutional Developments; • NWP 41 Reshaping Existing Drainage Ditches; • NWP 43 Stormwater Management Facilities; and • NWP 46 Discharges in Ditches. 3.9.3 Application Process The USACE has an application form (FORM 4345) for a nationwide or regional permit. His- torically, not all who have utilized an NWP have submitted a permit application. It is recom- mended that either a permit application form is submitted to the USACE or that coordination with a USACE regulator is undertaken to discuss the correct NWP to use for an activity or proj- ect. Permit applications submitted to the USACE are typically accompanied by other documents including, but not limited to, a delineation report documenting all temporary and permanent impacts; a PCN, when applicable; a compensatory mitigation plan or paperwork for the pur- chase of mitigation or in lieu fee credits (if applicable); and documentation of compliance with NWP general conditions. 3.9.4 Compliance Requirements Compliance requirements include keeping a copy of the issued permit at the project or activity site, completing all work within 5 years or the timeframe described on the permit, contacting the USACE regulator upon completion of the project or activity, and conforming to mitigation requirements and monitoring. While the USACE authorizes CWA 404 permits, it may coordi- nate with EPA for enforcement of CWA regulations. 3.10 Section 404 Individual Permits Individual permits are utilized for all discharges of dredged or fill material to WOTUS, includ- ing streams and wetlands, where impacted areas measure more than 300 linear feet and/or 0.5 acre. Each permit application (and associated documents) is unique to the project or activity and its related impacts to WOTUS. For streams, those impacts occur within their ordinary high

26 Clean Water Act Requirements for Airports water mark (OHWM) and may be measured by length and/or area. The OHWM is a visible line along a stream bank or shore established by fluctuations of water and indicated by physi- cal characters, such as a clear, natural line on a bank; shelving; changes in soil characteristics; the presence of litter or debris; or changes in vegetation. Depending on the length and area of a stream within the OHWM (and upon discretion of the USACE regulatory division), impacts can be measured in either linear feet or acreage. Wetland impacts (measured by acre) occur within a delineated boundary based on USACE wetland delineation guidelines. Stream and wetland impacts authorized by an individual permit must be compensated for based on USACE mitigation guidelines. 3.10.1 Application Process The USACE application form (FORM 4345) is also used for an individual permit. Coordi- nation with the USACE and typically an assigned regulator during the permitting process is crucial to the completion of an individual permit application. The form is usually accompanied by other documents required for a complete permit application, including, but not limited to, the following: • A delineation report documenting all temporary and permanent impacts, alternatives to impacts, and how those impacts were either minimized or avoided; • Calculations of impact amounts in area and volume; • An approved compensatory mitigation plan or paperwork for the purchase of mitigation or in lieu of fee credits; • Documentation of the Section 401 water quality certification; • Design or construction plans; and • Payment of a fee based on whether a project is commercial or non-commercial. Upon receipt of the complete permit application, a 30-day public notice is posted for public review and comment of the potential permit. Applicants are given a chance to respond to com- ments received during the comment period. Once this procedure is finalized and the permit is deemed complete, the permit is typically issued within 90 days. Concurrent to the Section 404 permitting process, coordination of a permit for Section 401 water quality certification must be undertaken with an appropriate state agency. Unlike general permits, Section 401 water quality certification must be acquired separately for individual permits. Denial of water quality certifica- tion by the applicable state agency will result in the denial of a USACE individual permit. Despite the timeframes set forth above, individual Section 404 permits may take years to obtain, and ongoing controversies regarding the definition of WOTUS have brought much of the individual permit process to a halt. 3.10.2 Compliance Requirements Compliance requirements for an individual permit include keeping a copy of the issued permit at the project or activity site, completing all work within the timeframe designated on the permit, contacting the USACE regulator upon completion of the project or activity, and conforming to mitigation requirements and monitoring. 3.11 Section 10 of Rivers and Harbor Act of 1899 Permit CWA Section 403 includes Section 10 of the Rivers and Harbor Act of 1899. Section 10 per- mits are related to the construction of any structure in or over any navigable WOTUS (tidal and freshwater).

CWA and Related Permits 27 3.11.1 Description Section 10 prohibits the unauthorized obstruction or alteration of WOTUS (temporary or permanent) and other work affecting the course, location, condition, or physical capacity of WOTUS (33 CFR Part 322). 3.11.2 Application Process Permits for impacts to Section 10 WOTUS are addressed by either an applicable nationwide or an individual permit, which are described previously under CWA Section 404 Permits.