Wednesday, April 4, 2018

Revised Georgia EPD Construction Permits

Georgia EPD has reissued general permits for stormwater discharge from construction sites. As background, NPDES General Permit No. GAR100000 for storm water discharges associated with construction activity was issued in 2000 and regulated construction activities that disturbed five (5) or more acres. In 2003, the permit was reissued as three general permits that regulate construction activities that disturb one (1) or more acres: NPDES Permit No. GAR100001 - regulates stand-alone construction sites, NPDES Permit No. GAR100002 - regulates infrastructure construction sites, and NPDES Permit No. GAR100003 - regulates common development construction sites.

  SWPPP and Solid Waste Controls At Large Residential Construction Project
 SWPPP and SWPPP Training For
Residential Site Construction

Summary of Changes to Permit

  • The term “projects” has been changed to “sites” for consistency with the permit definitions.
  • The draft permits contain changes as a result of EPD’s implementation of the NPDES Electronic Reporting Rule. Beginning on the effective date of the permit, All Notices of Intent (NOI), Modifications and Notices of Terminations (NOT) must be submitted through EPD’s electronic submittal portal. EPD is preparing an electronic method for submitting sampling reports. ES&PC Plans required to be submitted to the EPD District Offices must now be submitted electronically through EPD’s electronic submittal portal or as a PDF on CD-ROM or other storage device.
  • All references to anionic polyacrylamide (PAM) have been replaced by “flocculants or coagulants”, and “matting or blankets” has been replaced with “slope stabilization” to be consistent with the most recent Manual for Erosion and Sediment Control.
  • BMP options which were no longer “over and beyond” have been removed from the options to address impaired waters.
  • The permit now requires a large sign (minimum 4 feet x 8 feet) must be posted on site by the actual start date of construction. The sign must be visible from a public roadway. The sign must identify : (1) the construction site, (2) the permittee(s), (3) the contact person(s) along with their telephone number(s), and (4) the permittee-hosted website where the ES&PC Plan can be viewed. The sign must remain on site and the ES&PC Plan must be available on the provided website until a NOT has been submitted.
  • EPD has added a BMP option to address impaired waters, to conduct inspections during the intermediate grading and drainage BMP phase and during the final BMP phase of the project by a certified Level II design professional to improve overall site management quality control, and to install Post Construction BMPs which remove 80% TSS
  • EPD has clarified that Whenever a permittee finds that a BMP has failed or is deficient (beyond routine maintenance) and has resulted in sediment deposition into waters of the State, the permittee shall submit a summary of the violations to EPD correct such BMP as follows: 
    • When the repair does not require a new or replacement BMP or significant repair, the BMP failure or deficiency must be repaired by the close of the next business day from the time of discovery; 
    • When the repair requires a new or replacement BMP or significant repair, the installation of the new or modified BMP must be completed and the BMP must be operational by no later than seven (7) days from the time of discovery. If it is infeasible to complete the installation or repair within seven (7) days, the permittee must document why it is infeasible to complete the installation or repair within the seven (7) day timeframe and document the schedule for installing or repairing the BMPs and making the BMPs operational as soon as feasible after the seven (7) day timeframe.

Summary of Changes to Erosion, Sedimentation and Pollution Control Plans

Revisions to the requirements for Erosion, Sedimentation and Pollution Control Plans include:
  • For building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site, provide cover (e.g. plastic sheeting, temporary roofs) to minimize the exposure of these products to precipitation and to stormwater, or a similarly effective means designed to minimize the discharge of pollutants from these areas. Minimization of exposure is not required in cases where exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk to stormwater contamination (such as final products and materials intended for outdoor use).
  • The permit requires permittees to measure and record rainfall within disturbed areas of the site that have not met final stabilization once every 24 hours except any non-working Saturday, non-working Sunday and non-working Federal holiday.

Construction Activities Not Requiring Permit Coverage

EDP has also clarified that permit coverage is not required for discharge of storm water associated with infrastructure road construction sites that consist solely of the installation of cable barriers and guard rail for an existing facility within the existing rights-of-way. The construction activity shall, as a minimum, implement and maintain best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those in the “Manual for Erosion and Sediment Control in Georgia”. In order to be eligible for this exemption the project must comply with the following conditions: (1) no mass grading shall occur on the project, (2) the project shall be stabilized by the end of each day with temporary or permanent stabilization measures, (3) final stabilization must be implemented at the end of the project.

 Permit coverage is also not required for discharge of storm water associated with infrastructure construction sites that consist of the installation of buried utility lines and comply with the following conditions: (1) solely installed via vibratory plow, (2) the conduit does not exceed 4 inches in diameter, and (3) occurs within an existing stabilized right-of-way. The construction activity shall, as a minimum, implement and maintain best management practices, and the following conditions: (1) no mass grading shall occur on the project, (2) no tree clearing, (3) no change in grade, (4) the project shall be stabilized by the end of each day with temporary or permanent stabilization measures, and (5) final stabilization must be implemented at the end of the project.

   SWPPP Consultant, PPC Plan Consultant, SPCC Consultant, Spill Plan, Emergency Response Plans, Stormwater permitting, SWPPP Training 
 Caltha LLP | Your Stormwater Permit, SWPPP and Spill Plan Partner

Revised New York Industrial Permit Changes Compliance Requirements

New York State Department of Environmental Conservation  has finalized the SPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activity (MSGP), GP-17-004. The final MSGP was effective on March 1, 2018 and will expire on February 28, 2023. The final MSGP includes both technology and water quality based requirements:
  1. A technology based requirement is a minimum level of treatment for industrial point sources based on currently available treatment technologies and/or Best Management Practices (BMPs).
  2. Water quality based requirements apply if after application of technology based requirements there remains a reasonable potential for contravention of water quality standards at the receiving water.
  Non-Stormwater Discharge At Industrial Facility Identified During SWPPP Inspection
 Non-Stormwater Discharge At Industrial Facility  

 Some of the key changes in the revised permit include:


  • Non-numeric Effluent Limits. The final MSGP contains updated non-numeric effluent limits to align with EPA’s final 2015 MSGP. The updated non-numeric effluent limits include requirements for minimizing exposure, good housekeeping, maintenance, spill prevention and response procedures, and employee training. The associated SWPPP documentation requirements have also been updated to reflect the changes in the permit and will document owner or operator compliance with the nonnumeric effluent limits. 
  • Changes to Sector S (Air Transportation) The final MSGP includes the Airport Deicing Effluent Guidelines promulgated by EPA in 2012 (40 CFR Part 449) and EPA’s final 2015 MSGP for this sector. These updated conditions in the final MSGP include numeric effluent limits and monitoring, reporting and recordkeeping requirements outlined in 40 CFR 449.20. 
  • Semi-Annual Monitoring and Discharge Monitoring Reports (DMRs) The final MSGP increases the frequency for Benchmark and Numeric Effluent Limit monitoring and reporting from once per year to twice per year. With these changes, a separate submission of a Corrective Action Form will no longer be necessary to report results of follow-up benchmark monitoring as the semi-annual DMR data will allow the Department to track the effectiveness of any corrective actions. If there is an exceedance reported on a semi-annual DMR, the subsequent semi-annual DMR will show if the pollutant of concern has been abated to levels that are below the specified permit numeric effluent limits or benchmarks. In addition, the final MSGP requires that the Annual Certification Report (ACR) be submitted by January 28 of each year. The ACR includes a description of the exceedance, corrective measures and long-term preventative actions taken. 
  • Electronic reporting The final MSGP requires electronic reporting of DMRs through EPA's electronic reporting system, NetDMR. This change is required by EPA’s E-reporting rule (Federal Register, Vol. 80, No. 204 (October 22, 2015)). The final MSGP allows the use of electronic filing of the Notice of Intent (NOI) and the Annual Certification Report (ACR). Paper submission of these reports (other than DMRs) will continue to be an option until December 21, 2020 when that portion of EPA’s E-reporting rule becomes effective in the final MSGP. 
  • Removal of Sectors AD and AE from the Permit The final MSGP removes Sectors AD and AE. These sectors were included in GP-0- 12-001 and reserved for industrial facilities whose activities were not specifically listed in 40 CFR 122.26 but where the Department determined it appropriate for permit coverage due to site-specific circumstances. Removal of Sectors AD and AE from the final MSGP will require those facilities designated by the Department as needing permit coverage to obtain an individual permit, where appropriate. 
  • New BMP Considerations in Specific Sectors: 
  • No Exposure of Copper The final MSGP adds a non-numeric effluent limit for no exposure of copper in Sectors A, F, G, N, and AC. The owner or operator of a facility subject to any of these sectors that discharges to a copper impaired waterbody shall implement BMPs to prevent the exposure of copper sources and copper containing materials or processes to stormwater. These materials need to be protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. 
  • Mercury Spill Kits The final MSGP includes BMPs to stock and use mercury spill kits for Sector M - Automobile Salvage Yards and Sector N - Scrap Recycling and Waste Recycling Facilities. This addition is necessary for this sector where there is a mercury effluent limit in light of the Department’s updated policy on mercury (TOGS 1.3.10, revised October 2015). 
  • Good Housekeeping in Sector O The final MSGP adds Good housekeeping measures for Chemical Loading and Unloading Areas in Sector O to more closely align with EPA’s 2015 MSGP. 
  • Monitoring Waivers: 
  • Representative Outfall Waiver The final MSGP clarifies the corrective action process to align with the new semiannual monitoring requirements and ensure inclusion of representative outfalls. When corrective actions are triggered due to monitoring exceedances at an outfall, the representative outfall waiver is suspended at all outfalls that were covered by the waiver. These outfalls must then be monitored for all parameters. In order for the Representative Outfall Waiver to again apply, the owner/operator must submit a new Representative Outfall Waiver Form certifying that the results of two consecutive monitoring periods show that the outfall has no exceedances of benchmark monitoring cutoff concentrations. 
  • Alternative Certification of “Not Present” or “No exposure” waiver The Alternative Certification of “Not Present” or “No exposure” waiver for Benchmark monitoring on an outfall-by-outfall or pollutant-by-pollutant basis has been eliminated from the permit. 
  • Timing of Monitoring The final MSGP specifies that if a facility’s permit coverage is effective less than two months from the end of a monitoring period, monitoring begins with the next monitoring period. This has been increased from “less than one month” from the end of a monitoring period. 
  • Definition of "Qualified Person" The definition for qualified person has been added to clarify the qualifications for inspectors. A qualified person may be either a facility employee or hired consultant who is familiar with the day-to-day operations associated with their assigned responsibilities at the facility. The qualified person possesses the knowledge and skills to assess conditions, operations and activities at the facility that could impact stormwater quality and can evaluate the effectiveness of control measures being implemented as part of the requirements of the permit. The owner/operator may designate more than one individual as the qualified person. Additionally, if erosion and sediment controls are to be inspected the qualified inspector must be trained in Department-endorsed Erosion and Sediment control training.   


SWPPP Consultant, PPC Plan Consultant, SPCC Consultant, Spill Plan, Emergency Response Plans, Stormwater permitting, SWPPP Training 

 Caltha LLP | Your Stormwater Permit, 
SWPPP and Spill Plan Partner

Deadline To Reapply For Texas General Permit Coverage Is June 3

The Texas Commission on Environmental Quality has renewed 2018 Construction General Permit (CGP) TXR150000 (2018 CGP) which became effective March 5, 2018. Project sites that would like continue their current authorization under the prior permit must reapply during the 90 day grace period which ends June 3, 2018.

  SWPPP and Solid Waste Controls At Large Residential Construction Project
SWPPP and SWPPP Training For
Residential Site Construction  


 Some of the important changes in the revised permit included:
  • Added the 2014 and 2015 amendments to the federal effluent limitation guidelines (ELGs) (40 CFR Part 450 - Construction and Development Point Source Category)
  • Added definition of “infeasible.” (Not technologically possible or economically achievable in light of best industry practices.)
  • Added requirement to minimize pollutants in discharges.
  • Added requirement to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points.
  • Replaced the term “surface waters” with “Waters of the U.S.” (Water in the state was placed in the permit, rather than Waters of the U.S.)
  • Added requirement to maximize stormwater infiltration to reduce pollutant discharges, unless infeasible.
  • Added requirement which states that minimizing soil compaction not required where the intended function of a specific area dictates that it is compacted.
  • Added requirement which states that a permittee must preserve topsoil, unless infeasible. The requirement also states that preserving topsoil is not required where the intended function of a specific area of a site dictates that the topsoil will be disturbed or removed.
  • Added requirement which states that stabilization (in arid, semi-arid, and drought-stricken areas) must be completed within a period of time as specified by the permitting authority. The requirement also states that in limited circumstances, stabilization may not be required if the intended function of a specific area of the site necessitates that it remain disturbed.
  • Revised the benchmark monitoring level for Total Suspended Solids (TSS) in the permit from 100 milligrams per Liter (mg/L) to 50 mg/L in discharges of stormwater from concrete batch-mixing plants covered under the permit. This change is consistent with the benchmark monitoring level for TSS that is required for concrete manufacturers and ready-mix concrete plants in the 2016 Multi-Sector General Permit (MSGP) TXR050000.
  • Revised the definition of Construction Activity in Part I, Section B of the permit to more clearly capture “other construction-related activities” (i.e., soil disturbance that can occur from stockpiling of fill material and demolition), construction support activity, and any soil disturbance activities which have occurred in conjunction with construction-related activity and construction support activity.
  • Clarified requirements for operators of small construction activities with low potential for erosion.
  • Revised the language for inspections of construction sites that are consistent with the 2017 EPA CGP and requirements for inspection reports and completion of reports within 24-hours following the inspection.
SWPPP Consultant, PPC Plan Consultant, SPCC Consultant, Spill Plan, Emergency Response Plans, Stormwater permitting, SWPPP Training

Caltha LLP | Your Stormwater Permit, 
SWPPP and Spill Plan Partner

Wednesday, March 21, 2018

Overview Training - Clean Water Act And Related Rules And Programs



Overview of Clean Water Act 

Click link above to download presentation slides.

Overview of the Clean Water Act and underlying programs. Clean Water Act; CWA; wastewater; NPDES; pretreatment permit; water quality standards; permit limits; effluent guidelines; effluent standards; waters of the US, water quality criteria, SPCC rule

Sunday, March 4, 2018

Are Stormwater Benchmarks The Same As Permit Limits?

Benchmark values differ from permit limits. In a typical wastewater NPDES permit, limits may be specified for chemical parameters; if any of the limits are exceeded, it becomes a violation of the permit and may be subject to enforcement action. Benchmark values, in the context of stormwater NPDES permits, are intended to provide a measurement of the effectiveness of the stormwater pollution prevention plan (SWPPP). Exceeding a benchmark does not directly result in a permit violation.

  Industrial Waste Discharge To Storm Sewer Identified During SWPPP inspection
Industrial Waste Discharge To Storm Sewer 

However, permits typically require facilities to reevaluate their SWPPP and to take prompt corrective action after a benchmark value is exceeded. Failure to take prompt corrective action if a benchmark value is exceeded can be a permit violation and subject to enforcement action. Multiple exceedances of a benchmark could result in a State requiring that the facility apply for an individual stormwater discharge permit. In this case, legally enforceable stormwater discharge limits may be written into the permit.

SWPPP Consultant, PPC Plan Consultant, SPCC Consultant, Spill Plan, Emergency Response Plans, Stormwater permitting, SWPPP Training 
Caltha LLP | Your Stormwater Permit, SWPPP 
and Spill Plan Partner

Saturday, February 24, 2018

Who Needs To Certify SWPPP Plan? What Certifications Are Needed?

Under State and EPA stormwater permitting rules, a Stormwater Pollution Prevention Plan (SWPPP) may need to be certified. This signed SWPPP Certification is in addition to other types of certifications that may be required. The types of certifications will vary depending on the State and type of permit; in addition to SWPPP Certification, some other types of certifications might include:
  • Non-stormwater Discharge Certification,
  • No-exposure Monitoring Exemption Certification;
  • Heavy Metal No-exposure Certification (in Texas);
  • Annual Site Compliance Certifications;
  • Endangered Species Certifications;
  • Historic Places Certification,
  • Environmental Professional Certification (in Indiana)
  • Certified Stormwater Operator Certification (in Michigan)
  • Others.

Rail Car Loading Area Covered In SWPPP Inspection
Rail Car Loading Area Covered In SWPPP Inspection

SWPPP Certification – What is Being Certified?

In most cases, the SWPPP Certification statement indicates that the SWPPP has been 1) prepared; 2) implemented and that 3) the SWPPP conforms to the requirements of the discharge permit. The SWPPP Certification generally includes a statement that the information documented is correct. The exact wording and scope of the certification statement will vary from State-to-State, but here is an example: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

 Non-Stormwater Discharge At Industrial Facility Identified During SWPPP Inspection
Non-Stormwater Discharge At Industrial Facility

Who needs to certify the SWPPP?

In some States (for example, Michigan, Indiana, Connecticut and others), the SWPPP needs to be signed by a certified or qualified environmental professional. In most States, the SWPPP also needs to be signed by a Responsible Company Officer, or his/her duly authorized representative. State or EPA rules will determine who can sign the SWPPP. This SWPPP Certification can be in addition to any certifications needed by a qualified environmental professional.

 For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.


 
Caltha LLP | Your Stormwater Permit, SWPPP 
and Spill Plan Partner

Does Oil Sheen On Pond Need To Be Reported? What Is Sheen Rule?

Under the Clean Water Act, the "sheen rule" provides the framework for determining whether an oil spill should be reported to the federal government. Federal regulation requires the person in charge of a facility or vessel responsible for discharging oil that may be "harmful to the public health or welfare" to report the spill. The regulation establishes the criteria for determining whether an oil spill may be harmful to public health or welfare, thereby triggering the reporting requirements:
  • · Discharges that cause a sheen or discoloration on the surface of a body of water;
  • · Discharges that violate applicable water quality standards; and
  • · Discharges that cause a sludge or emulsion to be deposited beneath the surface of the water or on adjoining shorelines.
These reporting criteria are independent of local or State spill reporting requirements. Therefore, spills might be reportable even if State spill reporting thresholds are not exceeded.


  Hazardous Chemical Spill to Sewer Outside Manufacturing Plant
Hazardous Chemical Spill to Sewer Outside Manufacturing Plant 

Because the Oil Pollution Act of 1990, which amended the Clean Water Act, broadly defines the term "oil," the sheen rule applies to both petroleum and non-petroleum oils and fats (e.g., vegetable oil, milk). The regulation also provides several exemptions from the notification requirements.

 Need more information of federal, State or local spill reporting requirements? Contact Caltha at info@calthacompany.com

   
Caltha LLP | Your EH&S Compliance, 
Auditing and EMS/SMS Partner