DRAFT OHIO EPA INDUSTRIAL STORMWATER GENERAL PERMIT I. Comparison with Existing General Permit (OHR000004) A. See attached comparison chart courtesy of Curt Spence, Spence Environmental Consulting, Inc. B. New Requirements 1. Quarterly Visual Assessments 2. Numeric benchmarks for annual sampling (data submitted to Ohio EPA) 3. Annual Report (not submitted to Ohio EPA) 4. Required Corrective Action II. OMA Concerns A. Additional costs and regulatory burdens without corresponding explanation from Ohio EPA with reason for the charge 1. not required by U.S. EPA 2. may be driven by a settlement in an ERAC appeal of the former general stormwater permit 3. no clear identification of environmental benefits B. No existing data to support benchmark levels 1. Comments to former general permit requested effluent limitations and more monitoring 2. Ohio EPA s response (in Responsiveness Summary): Deriving water quality-based limits is a task requiring sitespecific information regarding a discharge and receiving stream. In addition, it is difficult to develop water qualitybased effluent limits for storm water discharges because of their variability (frequency, intensity and duration). 3. benchmarks become de facto limits C. Enforcement Concerns 1. recent federal court decision from State of Washington (Puget Soundkeeper Alliance v. BNSF Railway Co.) 2. Citizen suit under Clean Water Act where court found permittee liable for:
a. failure to conduct adequate visual monitoring during specified quarters b. failure to evaluate BMPs to reduce contamination levels below benchmarks 3. concern with permit violations for failure to undertake corrective action for exceedances of benchmark, even though the exceedance is not a violation of the permit
Comparison of Existing and Draft Ohio EPA Industrial SW General Permits Item Existing Permit (OHR000004) Draft Permit (OHR000005) Applying for coverage NOI Form NOI Form Facilities not eligible for coverage based on industry type. Facilities not eligible for coverage based on location. Landfills (active and closed), petroleum bulk stations, mining and quarrying of non-metallic minerals, marinas, and coal pile runoff unless they have had continuous coverage since February 10, 1996 are not eligible for coverage. Other facilities listed in 40 CFR Subpart N (as attached) are not eligible for coverage including cement manufacturing (40 CFR 411); feedlots (40 CFR 412); fertilizer manufacturing (40 CFR 418); petroleum refining (40 CFR 419); phosphate manufacturing (40 CFR 422); steam electric (40 CFR 423); coal mining (40 CFR 434); mineral mining and processing (40 CFR 436); ore mining and dressing (40 CFR 440); and asphalt emulsion (40 CFR 443 Subpart A) are also not eligible for coverage. Dischargers to superior high quality waters, outstanding state waters and outstanding national resource waters unless facility has had continuous coverage since February 10, 1996. Petroleum bulk terminals, marinas and coal surface mining and not eligible for coverage. Closed landfills, water spraydown of logs at wet deck storage facilities, dewatering at quarries and sand and gravel mining facilities, phosphate fertilizer manufacturers, asphalt emulsion facilities, cement manufacturing storage piles, and coal piles at steam electric generating facilities are eligible for coverage. Other facilities listed in 40 CFR Subpart N (as attached) are not eligible for coverage. Dischargers to superior high quality waters, outstanding state waters and outstanding national resource waters, other than Lake Erie and direct tributaries to these waters within one mile of these waters unless facility has had continuous coverage since February 11, 1996. SWPPP Required Required and similar to existing permit requirements. However existing plans will need to be updated to include all required information. Annual Report *NEW* No Requirement. Required to be kept with SWPPP but not required to be submitted to Ohio EPA.
Comparison of Existing and Draft Ohio EPA Industrial SW General Permits (Continued) Quarterly Visual Assessments *NEW* Routine Facility Inspections Item Existing Permit Draft Permit Not Required. Comprehensive Site Inspections Required at appropriate intervals and results maintained with SWPPP. Follow-up required for any issues noted during an inspection. Required at least annually and results maintained with SWPPP. Sample collected during first 30-minute of discharge from a storm event. Inspect sample for color, odor, clarity, solids, foam, oil sheen and other indicators of pollutants. Data is recorded and maintained with SWPPP. Action is required within 30 days if any of the above are observed. Required at least quarterly and one inspection per year must be performed during a period when storm water discharging is occurring. The results must be maintained with SWPPP. Follow-up required for any issues noted during an inspection within 30 days. Required at least annually and results maintained with SWPPP. Follow-up required for any issues noted during a compliance evaluation within 30 days. Monitoring with Numeric Effluent Limits Monitoring without Numeric Effluent Limits *NEW* Annual monitoring from coal pile runoff. See list on the following page. Monitoring is performed annually for life of the permit and the data is not reported to the Ohio EPA. Annual monitoring at water spraydown of logs at wet deck storage facilities, dewatering at quarries and sand and gravel mining facilities, phosphate fertilizer manufacturers, asphalt Emulsion facilities, cement manufacturing storage piles, and coal piles at steam electric generating facilities. See the list on the following page (these may have changed slightly since 5/12/11 permit revisions). Annual monitoring with reporting to the Ohio EPA. Follow-up required for any exceedance within 30 days. 2
Monitoring Requirements Sector A: Timber Products Wood Treating Oil and Grease, COD,, ph, Copper, Arsenic and Chromium Sawmills COD, Zinc and Wood Preserving Arsenic and Zinc Log Storage Wood Products COD and Sector B: Paper and Allied Products Sector C: Chemicals and Allied Products Manufacturing Solid Chemical Storage Piles Oil and Grease, COD,, ph Note: ph and debris with effluent limitations for spraying logs at wet deck storage areas. Paperboard Mills COD Agricultural Chemicals Nitrogen, Lead, Zinc and Phosphorus Inorganic Chemicals Aluminum, Nitrogen, Zinc Soaps, Detergents and Cosmetics Nitrogen, Zinc Plastics, Synthetics and Resins Zinc 3
Sector C: Chemicals and Allied Products Manufacturing (Continued) Monitoring Requirements (Continued) Note: Phosphorus and Fluoride with effluent limitations for phosphate fertilizer manufacturing. Sector D: Asphalt Paving and Roofing Materials and Lubricant Manufacturing Sector E: Glass, Clay, Cement, Concrete, and Gypsum Products Cement Manufacturing and Ready Mixed Concrete Plants Oil and Grease, COD,, ph Asphalt Paving and Roofing Note:, ph and oil and grease with effluent limitations at asphalt emulsion plants. Clay Products Aluminum Concrete and Gypsum Manufacturers Note: and ph with effluent limitations for storage piles at cement manufacturing facilities. 4
Monitoring Requirements (Continued) Sector F: Primary Metals Primary Metal Industries Oil and Grease, BOD, COD,, ph, Lead, Cadmium, Copper, Arsenic, Chromium Steel Works, Blast Furnaces, Rolling and Finishing Mills Aluminum and Zinc Iron and Steel Foundries Aluminum,, Copper and Zinc Rolling, Drawing and Extruding of Non- Ferrous Metals Copper and Zinc Sector G: Metal Mining (Ore Mining and Dressing) Sector I: Oil and Gas Extraction Sector excluded from existing GP. Sector did not require coverage under the existing GP. Nonferrous Foundries Copper and Zinc Active Copper Ore Mining and Dressing Facilities, Nitrogen, COD Overburden Piles at Active Mining Facilities, Turbidity, ph, Hardness, Antimony, Arsenic, Beryllium, Cadmium, Copper, Lead, Mercury, Nickel, Selenium, Silver, Zinc Supplemental requirements also included for Waste Rock and Overburden Piles based on the type of ore. No monitoring requirements. 5
Monitoring Requirements (Continued) Sector J: Non-Metallic Mineral Mining and Dressing Sector excluded from existing GP. Sand and Gravel Mining Nitrogen (to be removed by Ohio EPA, Crushed Stone and Non-Metallic Minerals Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities Sector L: Landfills, Land Application Sites, and Open Dumps Sector M: Automobile Salvage Yards Sector N: Scrap Recycling Facilities Land Disposal Units/Incinerators/BIFs Oil and Grease, COD,, Lead, Cadmium, Arsenic, Chromium, Magnesium, Magnesium, TDS, TOC, Barium, Cyanide, Mercury, Selenium, Silver Sector excluded from existing GP. Automobile Junkyards exceeding vehicle and parts storage thresholds Oil and Grease, COD,, ph No monitoring requirements in existing permit. Note: and ph with effluent limitations are required for dewatering. All Industrial Activity Code HZ Ammonia, Magnesium, COD, Arsenic, Cadmium, Cyanide, Lead, Mercury, Selenium, Silver Note: Additional parameters and effluent limitations per 40 CFR Part 445 Subpart A Landfills, Land Application Sites, and Open Dumps All Automobile Salvage Yards, Aluminum and Lead Scrap and Waste Recycling Facilities except Source Separated Recycling COD,, Aluminum, Copper, Lead and Zinc 6
Monitoring Requirements (Continued) Sector O: Steam Electric Generating Facilities Coal-Fired Steam Electric Facilities Oil and Grease,, ph No monitoring required except as listed below. Oil-Handling Sites for Oil-Fired Steam Electric Facilities Oil and Grease, COD,, ph Note: and ph with effluent limitations for coal pile runoff. Sector P: Land Transportation and Warehousing Sector Q: Water Transportation Sector R: Ship and Boat Building and Repairing Yards Sector S: Air Transportation Facilities Note: and ph with effluent limitations for coal pile runoff. Ship Building and Repair Yards Oil and Grease, COD,, ph Airports with over 50,000 Flight Operations per Year Oil and Grease,, ph and Copper Water Transportation Facilities not including Marinas. Aluminum, Lead and Zinc Airports that Use More than 100,000 Gallons of Glycol-Based Deicing Chemicals or 100 Tons or More of Urea. BOD, COD, Ammonia, ph Sector T: Treatment Works Sector U: Food and Kindred Grain Mill Products Products Animal Handling/Meat Packing Oil and Grease, BOD,, Nitrogen, Phosphorus, ph, Fats and Oils Products BOD, COD, Nitrogen, 7
Monitoring Requirements (Continued) Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing; Leather and Leather Products Sector W: Furniture and Fixtures Sector X: Printing and Publishing Sector Y: Rubber, Miscellaneous Plastic Solid Chemical Storage Piles Oil and Grease, COD,, ph Rubber Products Manufacturing Zinc Products, and Miscellaneous Manufacturing Industries Sector Z: Leather Tanning and Finishing Sector AA: Fabricated Metal Products Fabricated Metal Products Aluminum, Zinc, Nitrogen Sector AB: Transportation Equipment, Industrial or Commercial Machinery Sector AC: Electronic, Electrical, Photographic, and Optical Goods Sector AD: Non-Classified Facilities Fabricated Metal Coating and Engraving Zinc and Nitrogen Established by the Director prior to authorizing coverage under the permit. 8