EPA s MS4 Compliance and Enforcement Program. SESWA - April 8, Kenneth Kwan, P.E. U.S. EPA, Region 4 404/

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1 EPA s MS4 Compliance and Enforcement Program SESWA - April 8, 2014 Kenneth Kwan, P.E. U.S. EPA, Region 4 404/ kwan.ken@epa.gov

2 Overview Phase I & II MS4 EPA National Enforcement Initiatives MS4 Inspections and Audits Goals and Objectives MS4 Inspection/Audit Protocols Summary of Findings

3 Phase I MS4 Classification Large MS4s: population > 250,000 Medium MS4s: 100,000 > population < 250,000 Phase II Small MS4s: population < 100,000 Permits Required Inside urbanized areas or Outside urbanized areas if designated by permit authority

4 Phase I and Phase II Program Elements Phase I and Phase II common program elements 1. Public education and outreach 2. Public involvement/participation 3. Illicit discharge detection and elimination 4. Construction site storm water runoff control 5. Post-construction storm water management in new development and redevelopment 6. Pollution prevention/good housekeeping for municipal operations 7. Adequate legal authority 8. Annual fiscal analysis

5 Phase I and Phase II Program Elements Additional Program Elements for Phase I only 1. Industrial, commercial and high risk facility inspections 2. Monitoring program 3. Roadways maintenance 4. Inspection and proper maintenance of storm water structure controls 5. Spill prevention and response 6. Pesticides, herbicides and fertilizers application and management 7. Flood control retrofit with water quality protection

6 Universe of Phase I MS4 EPA Region 4 Phase I MS4s State Permittees Copermittees Phase I Universe AL FL GA KY MS NC SC TN Total

7 National Picture: Phase 1 MS4s

8 EPA National Enforcement Initiatives Keeping raw sewage and contaminated storm water out of our national waters EPA will continue its enforcement focus on reducing discharges of contaminated storm water from MS4s Assess and address 100% of Phase 1 MS4s EPA approach Compliance monitoring and state oversight & coordination

9 MS4 Inspection/Audit Comprehensive evaluation of the various program elements of an MS4 Scope of each evaluation is MS4-specific based on factors such as size, previous compliance status, pollutants of concern, etc. Generally requires significant preparation and coordination Normally takes 1 to 5 days

10 Goals and Objectives In field verification of storm water management program and permit compliance Provide feedback to the permittee Opportunity to clarify permit requirements Identify common areas of deficiencies Capacity-building with state and local partners

11 MS4 Inspection/Audit Protocol Selection process Notification of inspection/audit Information request from EPA Draft agenda

12 MS4 Preparation Permit Storm Water Management Plan Annual report for past 2 Years Previous inspection/audit findings SOPs/design standards Applicable ordinances Inspection checklists Standardized enforcement documents

13 Opening Conference Objective of audit Finalize agenda Scheduling and logistics Questions Presentation of background information

14 Program Elements Reviewed During Phase I Inspection/Audit Storm Water Management Plan (SWMP) Legal authorities System mapping Structural/Non-structural controls Municipal operations Public education/outreach Illicit discharge

15 Program Elements Reviewed During Phase I Inspection/Audit Industrial/Commercial facilities Construction sites Post construction controls New development/re-development Fiscal analysis Monitoring data

16 MS4 Field Activities Inspect major storm water outfalls and sampling locations Inspect major structural/non-structural controls Inspect municipal operations Oversight of industrial and construction inspection programs Interview and observe dry weather screening and illicit discharge procedures

17 MS4 Inspection/Audit Findings Common program strengths Public education/outreach program Spill response program Municipal maintenance Common program weaknesses Construction program Industrial program Illicit discharge program Monitoring program

18 Weaknesses - Construction Erosion, Sedimentation and Pollution Control Plan (Plan) Review No plan review Inadequate plan review Lack of dedicated inspectors Inadequate inspections Unaware of NPDES permit requirements/plan Best Management Practices (BMPs) not verified in field Failure to conduct records review No enforcement escalation SOP Lack of training Inspectors Developers/Contractors/Operators

19 Weaknesses - Industrial Failure to identify universe of facilities No inspection prioritization No dedicated inspectors Inadequate inspections Unfamiliar with Storm Water Pollution Prevention Plan requirements Not evaluating exposed materials and outdoor industrial activities Unfamiliar with BMPs for specific industrial sector Failure to conduct records reviews No enforcement escalation SOP Lack of training

20 Weaknesses Illicit Discharge Dry weather screening Failure to conduct screening Failure to conduct required amount specific by SWMP Failure to monitor all required parameters No source investigation procedures Lack of equipment Lack of database

21 Weaknesses - Monitoring In-Stream monitoring Lack of sampling Non-representative sampling Major outfall monitoring Not meeting sampling procedures Failure to evaluate data Failure to modify program based on data