Am I Covered for All My Stormwater Requirements? David A. burns, PE, CPEA

Transcription

1 Am I Covered for All My Stormwater Requirements? David A. burns, PE, CPEA E2S2 Conference, New Orleans LA 24 May 2012

2 Introduction Overview of Main Regulatory Drivers Clean Water Act National Pollution Discharge Elimination System Permits > NPDES Permit Construction Activity > NPDES Permit Industrial Activity > NPDES Permit MS4 Energy Independence and Security Act - EISA 438 Executive Order Total Maximum Daily Loads (TMDL) Initiatives

3 NPDES Stormwater Construction General Permit - CGP Land disturbance size threshold = 1 acre How Big is That? 1 acre = 43,560 ft2 A football field is 150 ft. x 300 ft. = 45,000 ft2 So if your disturbed is about the size of a football field (not including the end zones!) then you need a CGP before beginning work. Some localities have smaller size thresholds Example: Parts of Virginia threshold = 2,500 ft2 because of silt problems in the Chesapeake Bay The area disturbed should be carefully evaluated during project planning Include all areas scratched up including landscaped areas, construction equipment parking/paths, etc. NPS Phase I ( ) 5 acres or larger NPS Phase II (1999 Present) 1 acre or larger

4 NPDES Stormwater Construction General Permit - CGP These permits are General NPDES Stormwater Permits entirely separate from the Erosion & Sediment Control Plans that are required for building plan approvals by local governments Technically, you don t apply for the CGP You submit a NOI - Notice of Intent In your NOI, you promise to comply with the permit, including development and implementation of a Stormwater Pollution Prevention Plan (SWPP Plan) Your NDPES Authority will send notice that the CGP is applied to your project. When construction is complete and the site stabilized, you submit a NOT - Notice of Termination The CGPs are typically valid for 5 years but apply to specific construction sites only during the construction period.

5 NPDES Stormwater Construction General Permit - CGP The EPA s CGP was just recently updated (2/16/12). It applies in Idaho, Massachusetts, New Hampshire, New Mexico District of Columbia Puerto Rico Other U.S. Territories except the Virgin Islands Federal Operators in Colorado, Delaware, Vermont and Washington For states with NPDES authority they maintain and issue their own CGP, with some states pushing that responsibility down to regional / district levels Municipalities that are NPDES-Permitted MS4s may have the authority / responsibility to issue and enforce CGPs. The Permit Holder s name should be very clear - often the installation is the permittee but the construction firm is expected to comply with the permit.

6 EPA s New Construction General Permit - CGP The recent EPA CGP update was necessary to comply with new Clean Water Act Effluent Guidelines and New Source Performance Standards for construction and development (C&D) sources Contains technology-based effluent limitation guidelines Contains new water quality-based requirements where discharges are to impaired waters Was to contain a turbidity limit of 280 NTUs for sites 20 acres or larger, with discharge monitoring and discharge monitoring reports (DMRs). But EPA has been put that limit on hold indefinitely ( stayed )

7 Post-Construction Requirements Stormwater management structures designed for long-term operation of a site must be maintained. The O&M requirements can often be found in the building / site plan approvals and property deeds Some Construction Permits (e.g., Pennsylvania) include a condition that a Post- Construction Stormwater Management Plan be developed during the construction phase and implemented indefinitely by the property owner Long-term maintenance of stormwater management structures is becoming a focus for regulators grappling with watershed / water body level challenges

8 NPDES Stormwater Industrial Activity General Permit Applicability - Industrial Activity is defined in 40 CFR (b)(14)(i xi) (b)(14)(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). These are industry specific effluent guidelines listed in 40 CFR (b)(14)(ii) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 31, 32 (except 323), 33, 344l, 373; >SIC Code 24 Lumber and Wood Products, Except Furniture >SIC Code 26 Paper and Allied Products >SIC Code 28 Chemical and Allied Products >SIC Code 29 Petroleum Refining and Related Products >SIC Code 31 Leather and Leather Products >SIC Code 32 Stone, Clay, Glass, and Concrete Products >SIC Code 33 Primary Metal Industries >SIC Code 3441 Fabricated Structural Metal >SIC Code 373 Ship and Boat Building and Repairing (b)(14)(iii) Facilities classified as Standard Industrial Classifications 10 through 14 (many caveats in here) >SIC Code 10 Metal Mining >SIC Code 11 none >SIC Code 12 Coal Mining >SIC Code 13 Oil and Gas Extraction >SIC Code 14 Mining and Quarrying of Nonmetallic Minerals, Except Fuels SIC Codes Best Reference is Click on examine the manual structure

9 NPDES Stormwater Industrial Activity General Permit Applicability - Industrial Activity is defined in 40 CFR (b)(14)(i xi) (b)(14)(iv) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of RCRA; (b)(14)(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; (b)(14)(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; (b)(14)(vii) Steam electric power generating facilities, including coal handling sites; NPS Phase I - Industrial Activity General Permits NPS Phase II Basically unchanged

10 NPDES Stormwater Industrial Activity General Permit Applicability - Industrial Activity is defined in 40 CFR (b)(14)(i xi) (b)(14)(viii) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except ), 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; >SIC Code 40 Railroad Transportation >SIC Code 41 Local and Suburban Transit and Interurban Highway Passenger Transp. >SIC Code 42 Motor Freight Transportation and Warehousing >SIC Code 43 U.S. Postal Service >SIC Code 44 Water Transportation >SIC Code 45 Transportation by Air * >SIC Code 5171 Petroleum Bulk Stations and Terminals * Commonly applied at DOD installations for airports / air fields

11 NPDES Stormwater Industrial Activity General Permit Applicability - Industrial Activity is defined in 40 CFR (b)(14)(i xi) (b)(14)(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; (b)(14)(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; (another definition in the rule ropes-in the 1-5 acre sites) (b)(14)(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 ; (These SIC Codes are less common for DOD installations - Food, Tobacco Production, etc.)

12 NPDES Stormwater Industrial Activity General Permit General permit conditions in front of permit requires Develop a SWPP Plan Perform quarterly inspections of potential pollution areas ( dry weather ) Perform quarterly visual inspections of the run off ( wet weather ) Perform an annual comprehensive stormwater evaluation Assure there are no illicit discharges Later permit sections or appendices have additional requirements for each industrial category Example: Air Transportation has very specific deicing requirements Monitoring required for some sectors, with actual effluent limits (that could result in NOV) or bench-mark concentrations that force you to re-evaluate your SWPP Plan

13 NPDES Stormwater MS4 Permits Municipal Separate Storm Sewer Systems (MS4) With Phase II (1999), the EPA extended MS4 permits to small, regulated MS4s in urbanized areas MS4 = A term of art with a much broader application than municipal-owned sewer system) that can include, State Departments of Transportation (DOT), universities, local sewer districts, hospitals, military bases, and prisons. Small = Any MS4 that was not permitted in Phase I Urbanized Area = As defined by the latest 10-year census Generally, UA is an area with a population density of 1,000 people/mile 2 and at least 50,000 total Small Regulated MS4 = A select sub-set of small MS4s that are either designated on a nationwide basis or by the local NPDES authority on a case-bycase basis NPS Phase I ( ) NPS Phase II (1999 Present) 100,000 population (large and medium sized MS4s) 50,000 population (small, regulated MS4s)

14 NPDES Stormwater MS4 Permits With Phase II (1999), the EPA extended MS4 permits to small, regulated MS4s in urbanized areas MS4 = A term of art with a much broader application than municipal-owned sewer system) that can include, State Departments of Transportation (DOT), universities, local sewer districts, hospitals, military bases, and prisons. Small = Any MS4 that was not permitted in Phase I Urbanized Area = As defined by the latest 10-year census Generally, UA is an area with a population density of 1,000 people/mile 2 and at least 50,000 total Small Regulated MS4 = A select sub-set of small MS4s that are either designated on a nationwide basis or by the local NPDES authority on a case-bycase basis NPS Phase I ( ) NPS Phase II (1999 Present) 100,000 population (large and medium sized MS4s) 50,000 population (small, regulated MS4s)

15 NPDES Stormwater MS4 Permits Nationwide Designation as a Regulated Small MS4 1. Nationwide Automatic Designation as a Small Regulated MS4. Phase II said all Small MS4s that are in Urbanized Areas are Regulated Small MS4s unless a waiver is obtained. 2. Potential Designation by the NPDES Authority Required Evaluation. Authority must determine discharges cause or may cause an adverse impact on water quality (e.g., discharge to a sensitive water body). 3. Potential Designation by the NPDES Authority Physically Interconnected with another regulated MS4

16 NPDES Stormwater MS4 Permits The Phase II MS4 rules and waivers should have been clarified for your installation several years ago, as the Phase II rules were being addressed by each state/authority MS4 permits continue to evolve they are transitioning from the basic Stormwater Management Plan (SWMP) requirement with 6 General BMPs, to much more detailed permits with increased responsibilities.

17 Energy Independence & Security Act (EISA) Sec Storm Water Runoff Requirements for Federal Development Projects The sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.

18 Executive Order President Obama signed Executive Order on 10/5/09 Directed EPA to issue guidance within 60 days on implementing EISA 438

19 EISA 438 EISA 438 requires the federal government to show national leadership EPA wrote Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under EISA 438 (Ref. EPA 841-B dated December 2009) Maintain pre-development site hydrology by retaining stormwater on-site through infiltration, evaporation/transpiration, and re-use By retaining stormwater on-site, pollutants are minimized and the receiving waters are not negatively impacted by changes in runoff temperature, volume, durations and flow rates.

20 EISA 438 Retaining stormwater on site addresses the inherent limitations of traditional stormwater retention pond designs, which are typically designed for larger storm Poor peak flow control for small, frequent storms - the smaller storms that flow quickly through retention ponds Negligible volume reduction, and Increased duration of peak flow How to meet the EISA 438 Requirement? Two Options 1. Retain the 95 th Percentile Rainfall Event or 2. Site-Specific Hydrologic Analysis 95 th Percentile rainfall event represents a 24-hour rain event that 95% of all 24-hr rainfall events in a given period (such as 20 years) do not exceed.

21 EISA 438 Can be very difficult, especially for redevelopment projects Congress recognized the difficulties by using the term Maximum Extent Technically Feasible METF METF requires a methodical analysis of options see EPA Technical Guidance Typical measures include Low-Impact Development (LID) Bio-retention areas Permeable pavements Cisterns/recycling Green Roofs

22 Stream Erosion LID Design

23 TMDL Total Maximum Daily Load The sum of the individual wasteload allocations (WLAs) for point sources, load allocations (LAs) for nonpoint sources and natural background, and a margin of safety (MOS) for a water body that result in acceptable water quality. For impaired water bodies, waste loads are allocated to sources or groups of sources in the watershed and waste reductions are achieved through NPDES permit conditions Example The Garcia River CA Sediment TMDL - an EPA-approved analysis of sediment in the Garcia River. Sediment sources were identified and tons/year were assigned to various activities/sources. If you discharge wastewater or stormwater to an impaired water body, you will find your NPDES permits contain significantly more requirements/restrictions than similar permittees on other water bodies THE END - QUESTIONS?