Current and Future AZPDES General Permits: How will these Impact County Operations?

Transcription

1 Current and Future AZPDES General Permits: How will these Impact County Operations? AACE Annual Meeting January 28-29, 2010 Rancho de los Caballeros, Wickenburg, Arizona by: Ed Latimer, PhD, PE Manager, Water Resources Department Earth & Environmental Tempe, Arizona

2 Overview History of AZPDES Regulatory Program in Arizona Status of AZPDES General Permits Municipal Construction Industrial DeMinimus Future AZPDES General Permits Aquatic 2

3 History of AZPDES Regulatory Program in Arizona

4 What Federal Law Regulates NPDES? Clean Water Act Section 402: National Pollutant Discharge Elimination System CODE OF FEDEAL REGULATIONS Title 40 Protection of Environment Part EPA Permit Programs (40 CFR 122) 4

5 Water Quality Act (1987) Amended the CWA to make NPDES requirements applicable to stormwater discharges. Through Section 402(p), it creates a 2-phase stormwater pollution prevention program Also allowed States to assume authority of the NPDES program, either fully or partially. EPA remains ultimate enforcement authority 5

6 Phase I of Stormwater Regulations Go into effect with EPA as the lead agency. Discharge permit required for: Large and Medium Municipal Separate Storm Sewer Systems (MS4s) (Individual Permits) Select industrial facilities/activities (EPA Multi-Sector General Permit) Construction sites disturbing 5 or more acres (EPA Region IX Construction General Permit) 6

7 Phase II of Stormwater Regulations Go into effect in March Discharge permit required for: Small MS4s (includes several counties in AZ) (ADEQ MS4 General Permit) Previously exempted municipally-owned industrial facilities, while providing a permit exemption to industrial sites with no exposure conditions. (EPA Multi-Sector General Permit) Construction sites disturbing between 1 and 5 acres. (ADEQ Construction General Permit) 7

8 Arizona s NPDES Primacy 2000 ADEQ completes several legal and administrative requirements, and begins to define the AZPDES program. December 2002 Official Program delegation to the state of Arizona (ADEQ). EPA Region IX retains permit authority for Indian country within the state. 8

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10 21 federally recognized tribes Land areas ranging from 1 square mile to 18,000 square miles, making up over 25% of Arizona 10

11 Status of AZPDES General Permits

12 Facts of General Permits Entity seeking coverage submits a complete and accurate Notice of Intent (NOI) to the permit authority. Permit seeker must meet all of the terms of the general permit to remain in compliance. Good for a maximum period of five (5) years. Can be administratively continued by the permit authority when they expire. 12

13 Construction General Permit (CGP) 1 st AZPDES CGP was issued in February 2003, AZPDES Permit No. AZG Replaced the previous construction general permit (for large construction sites) that was issued by EPA Region IX in nd and current AZPDES CGP was issued on February 28, 2008, Permit No. AZG Includes new administrative procedures and clarifies a few permit requirements. 13

14 Other Permits that Could Apply ADOT Projects Individual Permit No. AZS , effective September 19, Covers all stormwater discharges associated with construction, industrial and municipal activities under ADOT s control throughout the state. Contractors must meet AZPDES CGP requirements, plus ADOT permit-specific requirements. 14

15 Other Permits that Could Apply Indian Lands Federal 2008 Construction General Permit. This permit was issued June 30, 2008, and it is effective only through June 30, The replacement Federal CGP is expected to have effluent limitation guidelines. 15

16 Multi-Sector General Permit (MSGP) One large permit divided into numerous industrial sectors (A thru AD), and it uses Standard Industrial Classification (SIC) codes and narrative descriptions to identify the regulated industrial activity. In addition to private industry, it applies to federal, state, and municipally-owned and operated facilities. 16

17 MSGP 2000 (Federal) When Arizona was delegated NPDES primacy in 2002, ADEQ opted instead to adopt the federal MSGP that had been issued on October 30, Expired, but has been administratively continued until a new permit is issued. New regulated industrial sites cannot obtain permit coverage, but expected to comply with all permit requirements. 17

18 MSGP 2008 (Federal) Issued on September 29, years after the MSGP 2000 expired. In Arizona, only applicable in Indian Lands. ADEQ intends to release a AZPDES MSGP in 2010 applicable for regulated industrial activities located outside of Indian Lands. 18

19 Status of the AZPDES MSGP A proposed draft AZPDES MSGP was released in April 2009 to seek public review and input. Numerous informal stakeholder meetings were held throughout the summer and fall of ADEQ anticipates the AZPDES MSGP 2010 to be public noticed (for official public comments) sometime in the first quarter of Based on typical statutory timelines, the AZPDES MSGP 2010 should be issued during second quarter of this year. 19

20 Municipal Stormwater Permits There are 8 municipalities in Arizona regulated as large MS4s under the Phase I Stormwater Rules of 1990: ADOT Glendale Mesa Phoenix Pima County Scottsdale Tempe Tucson 20

21 Small MS4 General Permit The AZPDES Small MS4 General Permit was issued on December 2002 and expired in December Regulatory Criteria Not an Medium or Large MS4 Located whole or in part within an "urbanized areas, as defined by the US Bureau of the Census. Overnight populations of over 1000 people 21

22 Small MS4 General Permit (cont.) A total of 41 Small MS4s are currently regulated, including cities/towns, universities, military bases, and counties. Regulated counties (5 total) include: Coconino, Maricopa, Pinal, Yavapai and Yuma Permit coverage has been administratively continued until a new permit is issued. 22

23 National Municipal Stormwater Program Being Re-evaluated In 2006 EPA commissioned the National Resource Council (NRC) to study EPA s stormwater program In October 2008 NRC released Urban Stormwater Management in the United States The report showed that current scope of stormwater regulations is insufficient: Many developed and rapidly developing areas are regulated differently, or even excluded from regulation Regulatory provisions for controlling discharges are weak, leaving a great deal of discretion to discharges Poor accountability and uncertain effectiveness 23

24 National Municipal Stormwater Program Being Re-evaluated (cont.) Runoff flow and related parameters like impervious cover should be considered for use as proxies for stormwater pollutant loading. Stormwater control measures that harvest, infiltrate, and evapotranspirate stormwater are critical to reducing the volume and pollutant loading of storms. Possible re-evaluation outcomes: National volume based control program Elimination of the Phase I and II terminology and creating a single municipal permitting program 24

25 EPA Stormwater Rulemaking Jan-Feb 2010 EPA holding Public Input and Listening Sessions for Stormwater Rulemaking Spring-Summer 2010 Distribute questionnaires to states and MS4s (large and small). The draft (for public comment) of a new stormwater rule expected out late Late 2012 Final Action/Rule Expected Will a new AZPDES Small MS4 General Permit be issued prior to the new rulemaking likely not! 25

26 AZPDES De Minimus General Permit Addresses non-stormwater discharges that have potential to enter a water of the U.S., including: potable and reclaimed water systems subterranean dewatering well development aquifer testing hydrostatic testing of pipelines charitable car washes building and street washing dechlorinated swimming pool water 26

27 Status of the AZPDES DMGP The 1 st AZPDES DMGP, No. AZG , was issued on March 17, 2004, and expired five years later (2009). During fall 2009, ADEQ released a draft of a new DMGP for public review and comments. This input period ended September 30, The AZPDES DMGP 2009 was not release in 2009, now expected to be issued sometime in March or April 2010 (AZPDES DMGP 2010). 27

28 Future AZPDES General Permits

29 Historical Regulation of Pesticides EPA regulates aquatic pesticides under the authority of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As a product-licensing statute, FIFRA requires that pesticide products obtain EPA s review and label registration before being manufactured. EPA did not require a NPDES permit for the application of aquatic pesticides as long as these applications would be consistent with the product label. 29

30 Legal Background Does the Clean Water Act (NPDES Program) apply to FIFRA regulated pesticides? Headwaters, Inc. v. Talent irrigation Dist. (2001) League of Wilderness Defenders v. Forsgren (2002) Altman v. Town of Amerhest (2002) Fairhurst v. Haganer (2005) EPA Final Rule 71 Fed Reg (Nov 2006) National Cotton Council of America v. EPA (Jan 2009) 30

31 Application of Aquatic Pesticides Now Regulated under NPDES The 6th Circuit Court of Appeals issued an opinion overturning the EPA rule that exempts from the NPDES permitting program FIFRAcompliant pesticide applications directly to and near/over waters of the U.S. Thus, now NPDES permits will be required for pesticides applied directly to water to control pests and/or applied to control pests that are present in, near or over waters of the US. 31

32 General Permit Timeline On June 8, 2009, the 6th Circuit Court of Appeals granted EPA a two-year stay of the mandate in National Cotton Council et al v. EPA in response to their motion to stay request of April 9, By April 2011, it is anticipated that EPA will have issued a final pesticides NPDES general permit. ADEQ anticipates preparing a general permit to provide AZPDES coverage, but little is known about its timeline. 32

33 Thank You! I appreciate the Opportunity to Present to You Contact Info: Ed Latimer, PhD, PE, CPSWQ 1405 West Auto Drive, Tempe, AZ / (office) 602/ (cell) ed.latimer@amec.com