(i) Facilities subject to storm
water effluent limitations guidelines, new source performance
standards, or toxic pollutant effluent standards under 40 CFR
subchapter N (except facilities with toxic pollutant effluent
standards which are exempted under category (xi) in paragraph
(b)(14) of this section);
(ii) Facilities classified as
Standard Industrial Classifications 24 (except 2434), 26 (except
265 and 267), 28 (except 283), 29, 31l, 32 (except 323), 33,
344l, 373;
(iii) Facilities classified as
Standard Industrial Classifications 10 through 14 (mineral
industry) including active or inactive mining operations (except
for areas of coal mining operations no longer meeting the
definition of a reclamation area under 40 CFR 434.11(1) because
the performance bond issued to the facility by the appropriate
SMCRA authority has been released, or except for areas of
non-coal mining operations which have been released from
applicable State or Federal reclamation requirements after
December 17, 1990) and oil and gas exploration, production,
processing, or treatment operations, or transmission facilities
that discharge storm water contaminated by contact with or that
has come into contact with, any overburden, raw material,
intermediate products, finished products, byproducts or waste
products located on the site of such operations; (inactive
mining operations are mining sites that are not being actively
mined, but which have an identifiable owner/operator; inactive
mining sites do not include sites where mining claims are being
maintained prior to disturbances associated with the extraction,
beneficiation, or processing of mined materials, nor sites where
minimal activities are undertaken for the sole purpose of
maintaining a mining claim);
(iv) Hazardous waste
treatment, storage, or disposal facilities, including those that
are operating under interim status or a permit under subtitle C
of RCRA;
(v) Landfills, land
application sites, and open dumps that receive or have received
any industrial wastes (waste that is received from any of the
facilities described under this subsection) including those that
are subject to regulation under subtitle D of RCRA;
(vi) Facilities involved in
the recycling of materials, including metal scrapyards, battery
reclaimers, salvage yards, and automobile junkyards, including
but limited to those classified as Standard Industrial
Classification 5015 and 5093;
(vii) Steam electric power
generating facilities, including coal handling sites;
(viii) Transportation
facilities classified as Standard Industrial Classifications 40,
41, 42 (except 4221–25), 43, 44, 45, and 5171 which have vehicle
maintenance shops, equipment cleaning operations, or airport
deicing operations. Only those portions of the facility that are
either involved in vehicle maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling, and
lubrication), equipment cleaning operations, airport deicing
operations, or which are otherwise identified under paragraphs
(b)(14) (i)–(vii) or (ix)–(xi) of this section are associated
with industrial activity;
(ix) Treatment works treating
domestic sewage or any other sewage sludge or wastewater
treatment device or system, used in the storage treatment,
recycling, and reclamation of municipal or domestic sewage,
including land dedicated to the disposal of sewage sludge that
are located within the confines of the facility, with a design
flow of 1.0 mgd or more, or required to have an approved
pretreatment program under 40 CFR part 403. Not included are
farm lands, domestic gardens or lands used for sludge management
where sludge is beneficially reused and which are not physically
located in the confines of the facility, or areas that are in
compliance with section 405 of the CWA;
(x) Construction activity
including clearing, grading and excavation, except operations
that result in the disturbance of less than five acres of total
land area. Construction activity also includes the disturbance
of less than five acres of total land area that is a part of a
larger common plan of development or sale if the larger common
plan will ultimately disturb five acres or more;
(xi) Facilities under Standard
Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267,
27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35,
36, 37 (except 373), 38, 39, and 4221–25;
