stormwater permitting unraveled ncma water quality workshop feb 19, 2015, raleigh, nc bethany...
TRANSCRIPT
STORMWATER PERMITTING UNRAVELED
NCMA Water Quality WorkshopFeb 19, 2015, Raleigh, NC
Bethany Georgoulias, Stormwater Permitting Program
Outline
Overview of Stormwater Permitting Programs
NPDES Stormwater Permitting Stormwater Pollution Prevention Plans Benchmark Concentrations Tier Responses to Benchmark
Exceedances Permitting Construction Activity
Stormwater Permitting Programs Federal NPDES Stormwater Program
Phase I Phase II
State Stormwater Programs Phase II Post-Construction (Session Law 2006-
246) Coastal Stormwater (Session Law 2008-211) High Quality Waters / Outstanding Resource
Waters Water Supply Watershed Nutrient Sensitive Waters Special Management Strategies (e.g., Goose
Creek) 401 Water Quality Certifications
STORMWATER POLLUTION PREVENTION PLANS
NPDES Stormwater Program
Photo from Ohio EPA
Federal NPDES SW Program
Industrial activities in 10 categories Municipal separate storm sewer systems
(MS4s) serving >100,000 population Construction activities disturbing > 1
acre (Phase II lowered threshold from 5 acres)
Smaller MS4s (Phase II)
Photo by DLRPhoto by DWR
Photo by DWR
Most NPDES SW permits require an
SPPP
Stormwater Pollution Prevention Plans
SPPP Requires: Site Plan (location map; facility map; storage practices;
significant spills; certify no non-stormwater discharges). Stormwater Management Strategy (feasibility study;
secondary containment records; BMP summary) Spill Prevention and Response Procedures (not just
SPCC) Solvent Management Plan (some permits) Preventative Maintenance/Good Housekeeping
Program Employee Training (at least annually) Facility inspections (site & SW systems, semi-annually) Responsible Party Annual (at least) SPPP update. Every Year! (list of
spills, BMP evaluation, re-certify whether outfalls have non-stormwater discharges, review year’s analytical data, etc.)
Purpose of an SPPP
Identify pollutant sources to stormwater Identify best management practices
(BMPs) that reduce or eliminate potential water quality impacts
Implement those BMPs (not just a paperwork exercise)
Vigilance of how activities might impact stormwater; look out for problems
Identify improvement opportunities Understand where your stormwater goes
PROACTIVE INSTEAD OF REACTIVE
Beauty of the SPPP
SPPP Flexibility
If drainage areas, outfalls, or monitoring change, change the SPPP – no need to modify the permit.
If a new BMP needs to be installed, revise the SPPP –no need to modify the permit (approval of BMP might be required under State Stormwater or a local program, if post-construction related).
If the waterbody becomes listed as impaired or a Total Maximum Daily Load (TMDL) is established, change the site map – no need to modify the permit.
If the regional office requires actions (e.g., Tier responses), retain the correspondence in the SPPP – no need to modify the permit.
SPPP Enforcement
Enforcement responsibility on two parties: The PERMITTEE and PERMITTING AUTHORITY
Take SPPP off the shelf and use it (instead of collecting dust until a surprise inspection). Implementation is a permit requirement.
UPDATE IT at least annually. Meaningfully. Train employees regularly; continuity even in
turnover. Keep records together so they’re easy to get to
(monitoring, responses, training, etc.) DEMLR works with permittees to improve short
falls in SPPP implementation.
STORMWATER MONITORING AND BENCHMARKS
NDPES Stormwater Program
Photo by DWR
Stormwater Discharge Monitoring
Qualitative/Visual and Analytical Monitoring
Benchmark values guide analytical monitoring
Tiered Response to Benchmark Exceedances
Tier 1 – identify
potential cause and
take action, document
Tier 2 – monthly monitoring until 3
samples below benchmark, Tier 1 actions
First exceedance 2 exceedances in a row
“Tier 3” – Must notify DEMLR, who may revise monitoring, require certain
BMPs, or other actions
Any 4 exceedances
What Are Stormwater Benchmarks?
Benchmarks are NOT effluent LIMITS.
“Action level” concentrations that trigger investigation and management actions.
Generally based on aquatic impacts.
Tool for the permittee to respond to possible stormwater exposure problems.
Tool for DEMLR to identify recurrent problems or assist permittee in correcting.
Stormwater Benchmarks
FAQs About Benchmarks
Q: How are SW benchmarks derived?
A: Typically reflect level of protection for acute (short-term) exposure (e.g., metals, toxicants). This is usually ½ FAV.
A: May be based on other criteria, regulations or data sources (e.g., TSS, BOD5) when no acute equivalent.
FAQs About Benchmarks
Q: Why are some values so much lower than the drinking water standard (like copper)? Isn’t that unreasonable for stormwater runoff?
A: it’s not all about people.
FAQs About Benchmarks
Q: What happens when I get into “Tier 3” because I can’t get a concentration below a benchmark?
A: It depends.
Photo from http://kaelepulupond.org/
What if this site is next door, running onto your facility?
What if you haven’t done anything about this?
Photo from http://www.co.contra-costa.ca.us/
Metals Benchmarks Update
Triennial Review revised NC metals standards
New standards include dissolved metals and revise hardness assumption (no longer 50 mg/l)
DWR implements method to translate dissolved to total concentrations for NPDES permitting
Stormwater Program adopted consistent approach for metal benchmarks
Permits issued since January 2014 include new benchmarks; other permits are being revised upon renewal
New Freshwater Metal Benchmarks
Cr III new
Previous
What Happens in Tier 3?
Facility monitoring data exceeded benchmark any four times and must notify Regional Office
DEMLR wants an understanding of what permittee has already done to investigate sources, alleviate sources, considered feasibility of implementing, etc.
RO will visit and help assess RO will respond with further direction.
Until then, permittee continues monthly monitoring.
Addressing Exceedances
Working with Permittee
CONSTRUCTION ACTIVITY AT INDUSTRIAL FACILITIES
NPDES Stormwater Program
Photo by DWR
Construction Stormwater
When is it needed? Construction will disturb an acre or more Project needs E&SC Plan approval by local or state
program Do you need to submit a Notice of Intent (NOI)?
No, automatic coverage upon E&SC approval Can I skip getting an NCG01 if I already have a
different NPDES stormwater permit for my industrial activity? No, both permits apply. That’s IN ADDITION to the E&SC Plan requirements.
NCG01 covers discharges from construction only.
http://portal.ncdenr.org/web/lr/construction-stormwater
QUESTIONS?
http://portal.ncdenr.org/web/lr/stormwater
Stormwater Permitting Program
Telephone: (919) 707-9220