Next Round of NPDES MS4 Phase I Permits

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1 Next Round of NPDES MS4 Phase I Permits Vacation Pictures to Ireland 2010 Scott I. McClelland Vice President October 18, 2012

2 Phase I MS4 Permits Elements of the Permit Authorized Discharges Stormwater Pollution Prevention and Management Programs Structural Controls New Development Roadways Flood Control Projects Municipal TSD Monitoring Requirements Reporting Requirements (Annual) Stormwater Discharge Compliance and Water Quality Standards (New in 2011) Pesticides, Herbicides Illicit Discharges Industrial and High Risk Construction Site Runoff Dingle

3 Phase II MS4 Permits Elements of the Permit Operator Information Sharing Responsibility Minimum Control Measures: Public Education and Outreach Public Involvement Illicit Discharge Elimination Construction Site Runoff Post Construction Management Good Housekeeping Biennial Reporting Dingle Peninsula

4 Changes to the MS4 Program in EPA (MS4 Permit Improvement Guide April 2010) Guidance document for NPDES MS4 Phase II permit writers but suggested for Phase I too Guide contains: examples of permit conditions recommendations to tailor the language Key Principles: Permit provisions should be clear, specific, measureable and enforceable Permits should contain a performance standard for postconstruction based on the objective of maintaining or restoring stable hydrology or another mechanism as effective. Should is becoming Must.

5 Changes to the MS4 Program in EPA (The Hanlon Memo) November 12, 2010 Memo: Hanlon to Water Management Division Directors for all Regions Revisions to 2002 Memo on Establishing TMDL Wasteload Allocations (WLAs) for Storm Water Sources & Permit Requirements Based on Those WLAs EPA recommends and encourages : Include numeric effluent limitations where feasible and numeric benchmarks for BMPs with associated monitoring for estimating BMP effectiveness Disaggregate stormwater sources in WLA Use surrogate for pollutant parameters for TMDLs Designate additional sources for regulation

6 New Elements in Some MS4 Permits Written Standard Operating Procedures (in Florida) Approval by State Should be done all together Beware of over commitment Annual Financial and Staffing Analysis 40 CFR (c)(5): Annual Report must include Annual expenditures and budget for year following each annual report New requirement is detailed expenditures and fiscal analysis Beware of detail Ring of Berre

7 New Elements in MS4 Permits Post Construction or Permanent Control Measures Example provision: Within x months, the permittee must require that stormwater discharges from such new development and redevelopment sites be managed such that post development hydrology does not exceed the pre development hydrology at the site. Suggests options such as: Prevent 1 st inch from a 24 hour storm Prevent offsite discharge of all events less than 95 th percentile storm Note lack of phrase water quality Post construction controls must be site specific, not one size fits all

8 New Elements in MS4 Permits Significantly increased monitoring BMP effectiveness Event Mean Concentration (EMC) High risk industry Biological TMDL Field Screening Long term trend Wet weather and dry weather BMP Effectiveness and EMC monitoring is very expensive and required significant staff and data (3 samples are not enough to statistically prove anything) Instead of shotgun approach to monitoring Pick and choose from list Focus on monitoring that will improve your program

9 TMDL s in MS4 Permits Florida For Adopted BMAPs Comply with Requirements For BMAPs to be Adopted within 2 years of Issuance Participate in BMAP Comply with Requirements For TMDLs by FDEP or EPA but no BMAP 4 year Process To Implementation (Expanded in Next Few Slides) Fecal Coliform TMDLs Bacteria Pollution Control Plan (BPCP) ID and Track Sources Pet Waste Ordinance Educational Programs Structural/Nonstructural BMPs BMAP = Basin Management Action Plan; a TMDL Implementation Plan

10 TMDL s in MS4 Permits Tennessee Permittee responsible for implementing pollutant reduction to meet WLA of TMDL. For adopted TMDLs, 12 months to select BMPs; 24 months to implement For new TMDLs, 6 months to identify and 12 months to implement BMPs Georgia Identify TMDLs Describe BMP implementation plan; no schedule identified Permittee can demonstrate no cause or contribution Southern Coastline of Ireland

11 Field Screening Florida No required field screening as most of state is coastal. IDDE of some type required but proposed by Permittee. Tennessee Field screening similar to NPDES Phase 1 Application required. Grid system to be employed. Georgia Field screening required but defined by permittee. Cliffs of Moher

12 Low Impact Development & Green Infrastructure Florida (already has state stormwater rule) Conduct review of codes/regulations Focus on: reduction of impervious surfaces, swales, LID principles, reduction of flow and volume, natural hydrology Tennessee (no state stormwater rule) SWMP must include for permanent stormwater management : runoff reduction or off site mitigation Code and ordinance review: green roofs, rain gardens, curb extensions, planter gardens, permeable and porous pavements, waters harvesting Georgia LID & GI encouraged Study, then use as feasible

13 Summary Waterfall Near Kilearney Newest NPDES MS4 Permits: Guidance provisions inserted as if they were regulations. Post construction Stormwater Control (prior to Federal Stormwater Regulations) Implementation of TMDLs While new provisions might improve water quality: What is regulatory or statutory authority? Is there a more effective alternative that achieves the same goal? Are you out of compliance upon acceptance of the permit?

14 Questions? Mom Likes You Best!