CLEAN WATER ACT PERMITS: INDUSTRIAL, PESTICIDE, AND VESSEL PERMITS 237 237 237 217 217 217 200 200 200 80 119 27 252 174.59 83 36 118 Natural Resources Management Workshop 255 255 255 Stephen Castellane Ken Duncan Art Leskowich 0 0 0 163 163 163 131 132 122 239 65 53 110 135 120 112 92 56 62 102 130 102 56 48 130 120 111 18 April 2017 Environmental Compliance 1520-1620 Hrs 1
AGENDA Quick Background on NPDES Permitting Hydropower NPDES Case study Vessel General Permit Pesticide General Permit 2
QUICK 101 ON NPDES Point Sources discharging pollutants into waters of U.S. must obtain an NPDES permit Definitions: Discharge - includes, but is not limited to, any spilling, leaking, pouring, pumping, emitting, emptying, or dumping (33 CFR 159.3) Point Source - any discernible confined and discrete conveyance including but not limited to a pipe, ditch, channel, or conduit from which pollutants are or may be discharged (40 CFR 401.11(d)). Pollutant - dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. (40 CFR 122.2) Content of Permit: effluent limits, monitoring, reporting, record keeping, special conditions, standard conditions. 3
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TYPES OF PERMITS Individual Permit single applicant one permit issued General Permit several applicants one permit issued category (placer mining, storm water, seafood processors, oil and gas, CAFO) 5
GENERAL PERMIT PROCESS Agency Starts Action Public Notice & Federal Register Notice Public Hearing Appeals Process Request ESA and ask it tribal interest Prepare Final Permit, response to comments & Admin. Record Final Agency Action Develop Draft Permit Limits & Conditions EPA/State Review (401 Certification) ESA Consultation EPA/State/Tribe Review Issue Final Permit Apply for Permit Coverage (NOI)
CASE STUDY: NPDES AT NWP/NWW HYDROPOWER PROJECTS It all started with a Complaint Columbia Riverkeeper v. United States Army Corps of Engineers, et al. (E.D. Wash. No. 2:13-md-02494-LRS). NOI filed May 2013 Lower Columbia and Snake River Dams (8) Consolidated to Eastern District Court of Washington Discovery was started. Interrogatories and Requests for Production were completed. Discontinued at settlement. Settlement reached August 2014 7
SETTLEMENT OVERVIEW Effective 8/14/14 Case dismissed Four main requirements: 1. NPDES Permit Applications 2. Oil spill reporting to CRK 3. EAL assessment/implementation 4. Oil Accountability Plans
NPDES PERMIT APPLICATIONS Requirement: Within 1 year, apply for permits to address alleged discharges of pollutants from, unless NPDES permit or pending application already covers: Powerhouse drainage sumps Un-watering, spillway, navigation lock sumps Wicket gate bearings Turbine blade packing/seals Cooling water
PERMIT APPLICATION PROCESS 1. Identify Discharge Points 2. Eliminate Unnecessary Discharge Points 3. Add Sample Ports 4. Contract for ISCO Samplers and Analytical Laboratory 5. Conduct Sampling 6. Prepare Permit
STEP 1: IDENTIFY DISCHARGE POINTS Map Line Drawing Develop Spreadsheet Flows Either calculated or measure. Need estimated or calculated maximums. We do not want to underestimate!
COOLING WATER
DRAINAGE SUMP / OWS
UNWATERING SUMP Pollutant :Oil/Grease, Heat, Chlorine Intake: Expansion Joints, Draft Tube Drains, SS Transformer Cooling Water, Drainage Sump Overflow Discharges to river. Volume at The Dalles is 6250 GPM
TRANSFORMER COOLING WATER Pollutant : Heat Intake: River Discharges to gate slots Volume at The Dalles is 1300 GPM
HVAC SYSTEMS Pollutant: Heat Intake: River Discharge is to river Volume at John Day is 2262 gpm
OIL / WATER INTERFACES Kaplan Runners, Wicket Gate Bushings, Wire Rope, Crane Blocks Pollutant: Oil / Grease Similar to adjustable pitch blades, greasing systems, and wire rope in 2013 VGP. Permit may require EALs (Environmentally Acceptable Lubricants) and BMPs to reduce grease use.
NAVLOCK / SPILLWAY SUMPS Pollutant: ph Intake is from river. Discharge is to river / navlock. Volume at The Dalles is 1-25 gpm.
OTHER DISCHARGE POINTS Governor Air Compressor Cooling Water Emergency Generator Cooling Water Fish Facilities Station Service Transformers Not a Discharge Point: River to River (Navigation Lock Unwatering, Fishway Unwatering, Fishway Operations)
STEP 2: ELIMINATE UNNECESSARY DISCHARGES
STEP 3: INSTALL SAMPLE PORTS Traditional discharge points need a sample port. May require tapping or using an existing port. The closer to the discharge point the better (balanced with ease of sampling
SAMPLE PORTS
STEP 4: ISCO SAMPLERS AND ANALYTICAL CONTRACTS ISCOs Composite sampler can be set to sample every 15-20 minutes over 24 hours. Cost is ~$700 per month per sampler. # of samplers depends on # of outfalls / time Analytical Lab Contract Check for District contract Task Order for BOD, TSS, TOC?<$2500
OTHER PURCHASES / SUPPLIES Thermometer / ph Meter NIST Certified Oakton 35811-71 $375 / GSA Ice Hose Clamps Gloves Electric Carts
STEP 5: CONDUCT SAMPLING Determine Personnel: Mixed team is best (ECCs / Mechanic) Build Schedule based on # of ISCOs, # of discharges, and holding time for samples (BOD & Chlorine). Find a laydown area for samplers, coolers, containers, sampling personnel, and desk space for paperwork.
ISCO SAMPLERS
FOREBAY - BACKGROUND
PAPERWORK
STEP 6: COMPLETE PERMIT APPLICATION Review Sampling Results We recommend you consolidate all data, calcs etc. on a spreadsheet before filling out forms. EPA NPDES Form 1 and Form 2E Expect 40+ hours per permit application. QA by NWD for completeness, consistency, errors, clarity. Approved by Project, District, and signed by District Engineer. DEQ fees - $18,629 for JD.
255 255 255 237 237 237 0 0 0 CLEAN WATER ACT PERMITS: NPDES, PESTICIDE GENERAL & VESSEL GENERAL 217 217 217 163 163 163 200 200 200 Natural Resources Management Workshop 131 132 122 Stephen Castellane Ken Duncan Art Leskowich 239 65 53 80 119 27 110 135 120 252 174.59 112 92 56 62 102 130 102 56 48 130 120 111 30 18 April 2017 Environmental Compliance 1520-1620 Hrs The views, opinions and findings contained in this report are those of the authors(s) and should not be construed as an official Department of the Army position, policy or decision, unless so designated by other official documentation. File Name
GENERAL PERMITS 31 Vessel General Permit (VGP) small Vessel General Permit (svgp) US Army Corps of Engineers US Government Moorings Channels and Harbors
NPDES National Pollution Discharge Elimination System 32 Vessel General Permit Vessels over 79 ft Non-Military > 400 Gross Ton small Vessel General Permit Under 79 ft Non-Military Commercial Recreational Hull Exemption
VGP COMPLIANCE GUIDANCE MANUAL OVERVIEW: DISCHARGE SPECIFIC REQUIREMENTS 33 Deck Washdown and Runoff and Above Water Line Hull Cleaning Bilgewater Ballast Water Anti-Fouling Hull Coatings Aqueous Film Forming Foam (AFFF) Boiler/Economizer Blowdown Cathodic Protection Chain Locker Effluent Controllable Pitch Propeller and Thruster Hydraulic Fluid and Other Oil to Sea Interfaces Distillation and Reverse Osmosis Brine Elevator Pit Effluent Firemain Systems Freshwater Layup Gas Turbine Wash Water Graywater Motor Gasoline and Compensating Discharge Non-Oily Machinery Wastewater Refrigeration and Air Condensate Discharge Seawater Cooling Overboard Discharge Seawater Piping Biofouling Prevention Boat Engine Wet Exhaust Sonar Dome Discharge Underwater Ship Husbandry Discharges Welldeck Discharges Graywater Mixed with Sewage from Vessels Exhaust Gas Scrubber Washwater Discharges
FLOATING PLANT INVENTORY 34
SVGP 35 Eligible Vessels All non-recreational vessels less that 79 ft Notification December 19, 2014 Officially Delayed Until December 19, 2017 Documentation of Inspections -Permit Authorization and Record of Inspection (PARI) Complete PARI and keep on board
INSPECTIONS 36 VGP - Ships logs etc. Daily, Weekly, Monthly etc. Documentation required but not specified Document requests for use of EAL s from OEM svgp PARI form Quarterly Inspections Checkmark and dated form Record Corrective Action activity
REPORTS 37 VGP Information from Ships logs, Crews, Port Engineers etc. Annual electronic submission (Submit vs Certify) CDX = EPA s portal for reporting (not user friendly) Statement of Fact (VGP Dry Dock Report) svgp Permit Authorization & Record of Inspection form Annual Certification (signature) on PARI (easy) Non compliance report submitted annually if needed to EPA Regional office
VGP Dry Dock Report (Statement of Fact) 38
Permit Authorization & Record of Inspection (PARI) for svgp 39
Environmentally Acceptable Lubricants 40
PESTICIDE GENERAL PERMIT WATER QUALITY NPDES PERMIT 41 NRM Conference 18 April 2017 Norman, OK Pesticide General Permits (PGP) File Name
WHO? 42 Operators who discharge a pesticide to waters of US Decision-makers and/or applicators Exception: agricultural stormwater discharges and return flows from irrigated agriculture File Name
WHAT? 43 General Permit NOI if over threshold Four Use Patterns 1. Weed and Algae Control 2. Mosquito and Other Flying Insects 3. Forest Canopy Pest Control 4. Animal Pest Control File Name
WHAT? 44 Operators who exceed the annual threshold permit requirements: Submit NOI for coverage Integrated pest management practices Pesticide Discharge Management Plan Submit annual reports Maintain records of pest control practices File Name
WHAT? 45 Operators At or Under the Annual Treatment Area Threshold Permit coverage is automatic Do not need to formally register for the permit. Download a copy of the permit and adhere to the terms listed in order to satisfy permit terms File Name
SUBMIT NOI IF OVER THRESHOLD 46 Application Type Annual Threshold Weed and Algae Control 20 acres or 20 linear miles Animal Pest Control 20 acres or 20 linear miles Mosquito and Other Flying Insects Pest Control 6400 acres surface area treatment Forest Canopy and Area-Wide Pest Control 6400 acres surface area treatment File Name
State NPDES program Unless EPA is permitting authority ID,MA,NH, DC, NM, and fed facilities in CO, DE, VE and WA WHERE? 47
WHEN? 48 October 31, 2016 File Name
HYPOTHETICAL CASE STUDY 49 A lock and dam on a well-known river uses a local contractor to spray for mosquitoes? The size of the project is approximately 5-acres. File Name
HYPOTHETICAL CASE STUDY 50 A large flood control/recreation lake has a golf course on the property. The course has several man-made ponds that total roughly 30 acres in size. Employees of the lake spray an algaecide in each pond every spring to control growth. File Name
HYPOTHETICAL CASE STUDY 51 A National Park, 1800 acres, hires a contractor to spray an herbicide to control forest canopy growth. The parks stormwater system eventually discharges to the Mississippi River. File Name
HYPOTHETICAL CASE STUDY 52 A project site has an out-grant for agricultural purposes. The land is leased to a farmer who plants on 10,000 acres. The farm is located adjacent to the Missouri River. File Name
HYPOTHETICAL CASE STUDY 53 Your project site has a rat infestation. You spread rodenticide across the entire 40 acres. The site is located adjacent to a water of the US. File Name
QUESTIONS? 54