Maryland Department of the Environment. 12-SW Permit Update for Stormwater Discharges Associated With Industrial Activity

Transcription

1 Maryland Department of the Environment 12-SW Permit Update for Stormwater Discharges Associated With Industrial Activity

2 Stormwater Permit Background The Clean Water Act (CWA or the Act) establishes a comprehensive program to restore and maintain the chemical, physical, and biological integrity of the Nation s waters. also seeks to attain water quality which provides for the protection and propagation of fish, shellfish and wildlife. The Water Quality Act of 1987 (WQA) directed the EPA to develop a phased approach to regulate stormwater discharges under the NPDES permit program. EPA published a final regulation on November 16, 1990, establishing permit application requirements for stormwater discharges associated with industrial activity. EPA issues stormwater permits for many states, which is referred to as the Multi-Sector General Permit (MSGP).

3 Hot Spots Stormwater hotspots are areas which produce higher concentrations of pollutants than normally found in urban runoff.

4 Primary Industrial Activity-Sectors Sector A Timber Products Sector B Paper and Allied Products Manufacturing Sector C Chemical and Allied Products Manufacturing Sector D Asphalt Paving and Roofing Materials Manufactures and Lubricant Manufacturers Sector E Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Sector F Primary Metals Sector I Oil and Gas Extraction and Refining Sector K Hazardous Waste Treatment Storage or Disposal Sector L Landfills and Land Application Sites Sector M Automobile Salvage Yards Sector N Scrap Recycling Facilities Sector O Steam Electric Generating Facilities Sector P Land Transportation Sector Q Water Transportation Sector R Ship and Boat Building or Repairing Yards Sector S Air Transportation Facilities Sector T Treatment Works Sector U Food and Kindred Products Sector V Textile Mills, Apparel, and other Fabric Products Manufacturing Sector W Furniture and Fixtures Sector X Printing and Publishing Sector Y Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries Sector Z Leather Tanning and Finishing Sector AA Fabricated Metal Products Sector AB Transportation Equipment, Industrial or Commercial Machinery Sector AC Electronic, Electrical, Photographic and Optical Goods Sector AD Designated by the Department

5 Mulching/Composting Operations Sector A Timber Products includes Natural Wood Waste as: SIC 2499 Wood Products, Not Elsewhere Classified Sector C Chemical and Allied Products Manufacturing includes Food Composting as: SIC 2875 (Subsector C1) Agricultural Chemicals

6 Landfills Sector L Landfills: (Subsector L1) with a refuse disposal permit (Subsector L2) with a refuse disposal permit, except Municipal Solid Waste Landfill (MSWLF) Areas Closed in Accordance with 40 CFR (Subsector L3) without a refuse disposal permit that have been notified by the Department that coverage is needed

7 Permit Requirements Select, design, install, and implement control measures. Minimize Exposure Good Housekeeping Maintenance Spill Prevention and Response Procedures Erosion and Sediment Controls Management of Runoff Salt Storage Piles or Piles Containing Salt Sector Specific Non-Numeric Effluent Limits Employee Training Non-Stormwater Discharges Waste, Garbage and Floatable Debris Dust Generation and Vehicle Tracking of Industrial Materials

8 Benchmarks Selected 1. Agricultural Chemicals 2. Industrial Inorganic Chemicals 3. Soaps, Detergents, Cosmetics and Perfumes 4. Landfills and Land Application Sites 5. Automobile Salvage Yards 6. Scrap Recycling & Waste Recycling Facilities (except source separated) 7. Grain Mill Products 8. Fats and Oils Products 9. Fabricated Metal Products AFTER 4 QUARTERS, IF YOU HAVE MET BENCHMARKS CONTACT COMPLIANCE TO DISCONTINUE

9 Visual Monitoring Quarterly Samples: 1. No lab required. 2. Form part of permit. 3. Important to keep records.

10 Exceptions Inactive and Unstaffed Substantially Identical Outfalls No Discharge

11 Monitoring Guidance We provide EPA s Guidance Document for monitoring and sampling.

12 Comprehensive Evaluation Comprehensive Site Compliance Evaluation once a year, to be kept onsite with SWPPP. Industrial materials, residue or trash Leaks or spills within the past three years; Offsite tracking where vehicles enter or exit the site; Tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed areas; Evidence of pollutants entering the drainage or pollutants discharging to surface waters at facility outfalls; The condition of and around any outfall, including flow dissipation measures to prevent scouring; Training performed, inspections completed, maintenance performed, quarterly visual examinations, and effective operation of BMPs and Visual and analytical monitoring results from the past year. EPA Provides a Template that may be used, which is on our website.

13 Corrective Actions When something is wrong, you must address it and document what you did. Within 24 hours of discovery of any condition listed, you must document discovery. Within 14 days of discovery of any condition listed, you must document your corrective action. Any modifications to your control measures must be made before the next storm event if possible, or as soon as practicable following that storm event. In the event that a deficiency cannot be addressed fully within 30 days, you must call the Department Compliance program and make the Department aware of the situation.

14 Treatment of Stormwater

15 NOI Requires - Chesapeake Bay Specific If your facility meets ALL of these criteria : within the Chesapeake Bay Watershed; is 5 acres or greater in size; in an urban area as specified any portion of your facility is located within a Phase I or Phase II municipal separate storm sewer system (MS4) jurisdiction ; and is not owned by or leased from an entity that is permitted as an MS4. THEN you must provide: the total impervious surface area (square feet), the untreated impervious surface area (in square feet) and the impervious surface area subject to 20% restoration requirement (in acres).

16 Restoration Options Accounting Guidance Practices (Draft or 2014) Most Popular Examples: Street Sweeping, replacing pavement with green space or Retrofiting Existing Stormwater Ponds. Design Manual or Proprietary Practices Examples: Green Roof or Cisterns Equivalent control measures Achieve reduction of 5.4 lbs total nitrogen (TN) per year is equivalent to restoration of one acre of impervious surface area. New controls required for erosion and sediment control or reduced use of fertilizer. New controls to achieve the benchmarks for nitrogen Reducing an existing TN load allocation (Important for WWTP) Off-Site

17 Facility SWPPP Map Example

18 No Exposure 12-SW General Permit If a facility conducts industrial activity regulated by the 12-SW permit, and meets the requirements for a no exposure exclusion from permitting under 40 CFR (g), the applicant may file for a No Exposure Certification. (Title 40 is Protection of the Environment.) Qualifying for No Exposure To qualify for this certification, the applicant must verify that there is no potential for the stormwater discharged from the facility to be exposed to pollutants. Professional Certification The applicant must also obtain written certification by either a Professional Engineer, a Certified Professional in Storm Water Quality (CPSWQ), a Registered Architect, or a Landscape Architect that the site meets the requirements of no exposure.

19 No Exposure Certification Guidance manual is provided on MDE website. The professional must (page 9 of guidance) visit site, interview owner, examine potential exposed materials and make a determination of No Exposure based on observations then, issue a letter only if in agreement.

20 Update on Registrations We have over 1100 operators accounted for with either completed or pending coverage under the new permit Terminations (Moved, No Longer Needed Permit, Shut Down) 579 Active 12SW 242 Active 12SR (with Restoration) 292 Active No Exposure Certification 72 Pending /Incomplete NOI 1185 Total Issued or Pending 12SW Facilities

21 Registration You have sent in your Notice of Intent (NOI), Payment and Stormwater Pollution Prevention Plan (SWPPP). What next? MDE will notify you. 1) To resolve any issues 2) To register your facility under the new permit.

22 Search Tool

23 Registered now what? Binder at your facility with: Registration letter (you need to send to MS4) Copy of Permit SWPPP (updated) Quarterly Visual Inspections Training Records Benchmark Monitoring Comprehensive Annual Inspection Maintenance Records (Oil Water Seperator or other device) Corrective Action Records

24 When to Notify MDE 1. Corrective Actions 2. Monitoring Reports for Benchmarks (DMRs) 3. Restoration update at end of year 4 for all registrations beginning with 12-SR 4. Illicit discharges.

25 Inspector shows up Be prepared to present your SWPPP. Review your records with inspector. Staff may randomly be asked questions. Provide access to all stormwater controls. Explain any problems and what you have done to address them.