"This permit is different from the 2003 permit, both in format and level of detail. The 2003 permit is general in describing many of the permit conditions. As a result, ADEQ receives routine questions from operators about certain terms of the permit. To address this, the 2008 permit is written with a goal to better clarify what the permit requires in areas considered unclear.

The list below highlights the changes between the 2003 and 2008 permits. Most of these are further discussed in more detail in the following portions of this Fact Sheet.

• Removed vehicle washing as allowable non-stormwater discharges as inconsistent with other regulatory requirements.
• Removed TMDL waiver because not applicable. ADEQ never used the TMDL waiver provision that was included in the previous permit. The new permit does have language that discharges must be consistent with any applicable TMDL. Other than this, if specific TMDL issues are of concern, an individual permit is considered a more appropriate mechanism for permit coverage.
• Requires use of the Smart NOI system for the erosivity waiver. This permit requires the erosivity calculation to be done via the Smart NOI system to promote consistency and accuracy due to the complex calculations involved.
• Permit clarifies an operator is only authorized to discharge when ADEQ issues an Authorization letter or within seven days of submittal as a 'default' timeline.
• Clarifies that authorization to discharge will not be issued until a signed NOI is at ADEQ. ADEQ encourages e-signature filing on the Smart NOI system to accelerate the authorization process.
• Clarifies distinction between erosion control BMPs and sediment control BMPs. Both are required to be implemented.
• Clarifies inlet protection requirements.
• Provides a sample site inspection form in Appendix A.
• Specifies timeframes for BMP maintenance to be completed to clarify previous language.
• Requires removal of temporary BMPs before filing NOT. BMPs remaining on-site after final stabilization can actually promote erosion if not removed (i.e., hay bales left in a ditch can cause undercutting or erosion around them).
• Includes details on monitoring requirements for sites near impaired and unique waters in Part V.
• Clarifies there should be no discharges of sediment from a construction site during dry weather; as such discharges are inconsistent with this permit.
• Provides exemption for stormwater discharges of sediment from oil and gas-related construction activities consistent with federal requirements.
• Provides that interim of temporary stabilization of areas within 50' of an unique or impared water be initiated within 7 days of last disturbance."