General Permit Requirements for Fuel Spill Cleanup - Permit MO-G94
|Water Protection Program fact sheet||
|Division of Environmental Quality Acting Director: Steve Feeler||
Facilities engaged in fuel spill cleanup may need to apply to the Missouri Department of Natural Resources for a Missouri State Operating Permit to cover the discharge of water contaminants to waters of the state or to a municipal separate storm sewer system (MS4).
The original 1948 Federal Water Pollution Control Act, now known as the Clean Water Act, has seen many changes. Among these changes were the 1972 amendments, which included the establishment of the National Pollution Discharge Elimination System (NPDES) created in Section 402 of the act. "NPDES prohibits [discharges] of pollutants from any point source into the nation's waters except as allowed under an NPDES permit." In 1987, the Clean Water Act was amended to include the regulation of certain stormwater classes by NPDES permitting.
Through the NPDES permit program, the Missouri Department of Natural Resources has received authorization to regulate point sources that discharge pollutants into waters of the state. Point sources are generated from a variety of municipal and industrial operations, including treated wastewater, process water, cooling water, and stormwater runoff from drainage systems. The NPDES Storm Water Program has been in place since 1990 and regulates discharges from municipal separate storm sewer systems, construction activities, industrial activities, and those designated by the Environmental Protection Agency due to water quality impacts.
Missouri Industrial Permits
The EPA delegated authority for the NPDES permitting program to the department in 1974. Although the federal government oversees and reviews the Missouri State Operating Permit program, it is the state that issues and enforces these permits. Missouri’s stormwater regulations are located in 10 CSR-20.6.200. These laws require that permits be issued to certain industrial facilities for their discharges. A permit may be required for discharges of water contaminants to waters of the state or to a municipal separate storm sewer system. If the activity does not discharge any water contaminants to either, no permit is needed. If it does discharge water contaminants to one or both or if the industrial activity is listed among the regulated categories and meets certain requirements as outlined in 10 CSR 20-6.200(2), a permit is required.
An industrial activity may be excluded from stormwater permitting if the activity does not expose materials to stormwater as stated in 10 CSR 20-6.200(1)16. Qualified permit holders as well as new applicants that qualify must submit a completed “No Exemption Certification” form (EPA form 3510-11) to the department. This form is available online at: www.epa.gov/npdes/pubs/msgp2008_appendixk.pdf.
Who Needs a MO-G94 Permit?
Stormwater and wastewater regulations use the Standard Industrial Classification (SIC) system to determine if an industry is regulated under the law. This classification system was devised by the U.S. Office of Management and Budget to cover all economic activities. Facilities having the SIC code of 1799 (Special Trade Contractors) may need to apply to the department for Missouri State Operating Permit MO-G94 to discharge contaminated water associated with fuel spill clean-up. It is the responsibility of the owner or operator to apply for a MO-G94 permit.
MO-G94 Permit Applicability
- Discharge of hydrocarbon-contaminated waters requires a MO-G94 general permit. MO-G94 authorizes the discharge of contaminated water from fuel-spill cleanups, underground storage tank removals, pit dewatering, equipment cleaning, well installation and pumping, and precipitation that has come into contact with contaminated soil or equipment. MO-G94 requires the permittee to collect contaminated water and test it for pollutants prior to any discharge. If test results indicate that the contaminated water meets MO-G94 effluent limits, the discharge of the contaminated water is authorized.
Activities that are exempted from obtaining MO-G94:
- All wastewater is hauled to a permitted treatment facility. The department recommends this option whenever feasible. The receiving treatment facility must comply with the notification requirements in their permit before accepting a new waste.
- A one-time on-site land application of a de-minimis amount (less than 500 gallons) of contaminated water from Underground Storage Tank (UST) pit closure operations. The water must be applied so that it is infiltrated by the soil and does not leave the property. Land application is not permitted when soils are frozen, snow covered, or saturated.
- All stockpiles of contaminated soils at a UST site are covered by an impervious material or otherwise protected from contact with precipitation and stormwater runoff and there are no wastewater discharges. This exemption does not apply to the pumping and disposal of excess water in the excavation process.
- If requested by the owner or operator, a facility may be covered by a site-specific permit. A site-specific permit takes into account the individual characteristics of the site. In addition, the department may determine that the quality of waters of the state can be better protected by requiring the owner or operator of a facility to apply for a site-specific permit. To apply for a site-specific permit, the facility needs to contact the departments’ Water Protection Program at 800-361-4827 or 573-751-1300.
- Landfarming is an above ground remediation technology that reduces fuel contamination in soils and requires a site-specific permit from the department. A land disturbance permit from the department may be required for the construction of a landfarm. Contact the departments’ Water Protection Program at 800-361-4827 or 573-751-1300 for guidance or questions regarding a site-specific landfarm permit or a site-specific land disturbance permit.
- In-situ soil remediation is the cleanup of fuel contaminated soils or groundwater with physical or chemical processes without removing the contaminated soil from the subsurface. In-situ soil remediation requires a site-specific permit from the department.
- Underground Injection Control (UIC) wells that inject fuel contaminated soils or groundwater into an aquifer must obtain a site-specific permit from the department. An aquifer is an underground layer of water-bearing permeable rock or stratum of sand, gravel, or silt that can absorb, store, and transmit water. UIC wells that inject materials or fluids underground must have a recovery system in place to comply with the prohibition on waste disposal wells, per 577.155 RSMo. UIC well installation must comply with the departments’ Geological Survey and Hazardous Waste Program requirements.
Permit Application and Fees
Facilities applying to MO-G94 for the first time must submit application Form E (MO 780-0795), which can be found at www.dnr.mo.gov/forms/780-0795-f.pdf, along with the appropriate fees. After issuance of the permit, fees will be assessed annually. To request a renewal of MO-G94, application Form E must be submitted at least 30 days prior to the expiration of the general permit along with appropriate fees. If the facility has any questions concerning fees, the facility needs to contact the appropriate regional office. A regional office map is available online at www.dnr.mo.gov/regions/regions.htm.To apply for a site-specific permit or if the facility has any questions concerning fees, the facility needs to contact the departments’ Water Protection Program.
Important Permit Dates
Each general and site-specific permit is issued on a five-year cycle. Important dates of each permit are:
- Issuance Date - This is the start date of the permit cycle.
- Effective Date - This is the date when your permit becomes effective.
- Request Permit Renewal Date - This is no later than 30 days prior to the expiration date of the permit.
- Expiration Date - This is the end date of the permit cycle.
Transfer of Permit
A permit may be transferred to a new owner by submitting Application for Transfer of Operating Permit Form (MO 780-1517), which can be found at www.dnr.mo.gov/forms/780-1517-f.pdf, along with the appropriate fees.
Termination of Permit
General and site-specific permits may be terminated when activities covered by the permit have ceased and no significant materials are stored in such a way as to come into contact with stormwater. When general permit termination is sought, the permittee must submit Form H (MO 780-1409), which can be found at www.dnr.mo.gov/forms/780-1409-f.pdf. When a site-specific termination is sought, the permittee must submit a letter. Landfarms must receive closure from the Hazardous Waste Program’s Leaking Underground Storage Tank unit before termination of permit will be granted.
For More Information
Missouri Department of Natural Resources
Water Protection Program
P.O. Box 176
Jefferson City, MO 65102-0176
800-361-4827 or 573-751-1300 office