40 CFR 112 SPCC Rule Compliance Deadline Extension

EPA is extending the compliance dates for all facilities and establishing new compliance dates for farms and production facilities subject to the Spill Prevention, Control, and Countermeasure (SPCC) rule. This amendment extends the dates by which the owner or operator of any SPCC-regulated facility must prepare or amend and implement its SPCC Plan. It also establishes the dates by which the owner or operator of a farm must prepare or amend and implement its SPCC Plan.

For all facilities subject to the recent amendments, the compliance deadline was extended to November 20, 2009. For farm and production facilities, the deadline for compliance with amended SPCC Rule requirement will be either November 20, 2009, or November 20, 2013, depending on whether or not the facility meets some specific criteria.

Caltha LLP assists companies in addressing their requirements under Federal SPCC rules. Caltha specializes in developing cost effective SPCC Plans for facilities nationwide using the new SPCC Template Plan format. Click here to request further information on SPCC and SWPPP Services.

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NPDES Permit Program Changes - Delegation For ADEC

The U.S. Environmental Protection Agency has recently delegated its authority under the Clean Water Act to the State of Alaska. EPA will hand off wastewater discharge permitting authority and enforcement in Alaska to the Alaska Department of Environmental Conservation (DEC).

Stormwater permitting program responsibility will not be immediately transferred to DEC. Existing dischargers will remain under the US EPA Multi-sector General Permit ("MSGP-2008"), finalized in September 2008. Over the next three years, Alaska DEC will take over the stormwater permitting program, and will issue their own permits for industrial, MS4 and construction site stormwater discharge.

Alaska joins 45 other states that oversee their own National Pollutant Discharge Elimination System (NPDES). Delegated States can write their own standards, but they can not be any less strict than federal standards.

In November 2008, DEC took control over wastewater discharge permits for timber harvesting, seafood processing and municipal dischargers. Existing permits from the EPA will turn into state permits. Over the next three years, in phases, the State will take over permitting of Federal facilities in Alaska, stormwater, mining, and finally oil and gas permits, cooling water and other minor permitting programs.

Caltha LLP assists clients in meeting State and Federal NPDES permit and compliance requirements. For more information on Stormwater Permits and Compliance, go to Stormwater and SWPPP website.

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Regulation of Pesticide Discharges Under NPDES Permit - New Court Ruling

On January 7, 2009, an Appeals Court vacated a U.S. Environmental Protection Agency (EPA) rule that has allowed pesticides to be applied to U.S. waters without a Clean Water Act permit. In November 2007, EPA had issued the final rule stating that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are exempt from the Clean Water Act's permitting requirements.

The Clean Water Act regulates the discharge of pollutants into the nation's waters by, among other things, requiring entities that discharge pollutants to obtain a National Pollutant Discharge Elimination System (NPDES) permit. For nearly 30 years before adoption of the 2007 rule, pesticide labels issued under the FIFRA were required to contain a notice stating that the pesticide could not be "discharged into lakes, streams, ponds, or public waters unless in accordance with an NPDES permit".

The court ruled that pesticide residues and biological pesticides constitute pollutants under federal law and therefore must be regulated under the Clean Water Act in order to minimize the impact to human health and the environment.

Caltha LLP assists dischargers in meeting State and Federal requirements for stormwater and wastewater discharge. Caltha also provides specialized expertise in the assessment, standards and regulation of pesticides and herbicides in the environment.

For further information contact Caltha LLP at
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Do Construction Sites Need SPCC Plan In Addition To SWPPP?

Does a construction site that operates under a stormwater discharge permit and has a Stormwater Pollution Prevention Plan (SWPPP) also need a Spill Prevention Control and Countermeasure (SPCC) Plan?
The answer is POSSIBLY; the requirements for a stormwater discharge permit and for a SPCC Plan are independent of each other. Not all construction sites that need a stormwater permit also need an SPCC Plan - and some construction sites that do not need a stormwater permit may need an SPCC Plan.
Whether or not a given construction site needs an SPCC Plan will depend on the oil storage capacity on site, even if storage tanks, mobile tanks, oil-filled equipment, etc are only on-site temporarily. [Read more about SPCC requirements] Individual State programs may also have additional requirements for notification, registration or permitting of above ground storage tanks at construction sites.
Even construction sites that do not exceed the thresholds requiring an SPCC Plan need to have spill prevention and control measures. In most cases this requirement is contained in the site stormwater discharge permit, or in State general duty provisions to prevent and control spills, and to clean up spilled materials.
Caltha LLP offers some very cost effective options for construction sites needing to prepare SPCC Plans, SWPPPs, or to develop spill prevention and response procedures. Click here to request more information on construction site SPCC/SWPPP Services.

For further information contact Caltha LLP atinfo@calthacompany.com
orCaltha LLP Website

EPA Stormwater Antidegradation Requirements - New or Expanded Discharges

The US EPA Multi-sector General Permit promulgated in 2008 (“MSGP-2008”) includes antidegradation requirements that apply to new and/or expanded discharges of stormwater from regulated industrial sites.

[What is an Antidegradation Policy?]

EPA’s approach to antidegradation requirements is based on three categories of “special” waters – Tier 2, Tier 2.5 and Tier 3. [Read more about how Stormwater Antidegradation Tiers are defined]

Requirements:

Tier 2. For new or existing dischargers to Tier 2 waters, the discharger is required to notify US EPA prior to making changes at the site which “qualify the facility as a new source or that could significantly change the nature or significantly increase the quantity of pollutants discharged”. EPA may notify the facility that additional analyses, control measures, or other permit conditions are necessary to comply with the applicable antidegradation requirements, or notify the facility that an individual permit application is necessary.

Tier 2.5. Same requirements as Tier 2.

Tier 3. New or existing discharges to Tier 3 waters can not be permitted under the MSGP-2008.

Caltha LLP assists companies in addressing their requirements under State and Federal stormwater rules. Caltha specializes in developing cost effective corporate-wide SWPPP programs covering multiple facilities. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
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EPA MSGP 2008 Stormwater Antidegradation - Special Requirements in MA, MN, WI Others

The US EPA Multi-sector General Permit promulgated in 2008 (“MSGP-2008”) includes antidegradation requirements that apply to new and/or expanded discharges of stormwater from regulated industrial sites.

[What is an Antidegradation Policy?]

Regulation of discharges is based on three categories of waters:

Tier 2 Waters – Tier 2 waters are characterized as having water quality that exceeds the levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water.
Tier 2.5 Waters – For antidegradation purposes, Tier 2.5 waters are those waters designated by States or Tribes as neither Tier 2 nor Tier 3. States have special requirements for these waters. These waters are given a level of protection equal to and above that given to Tier 2 waters, but less than that given Tier 3 waters.
Tier 3 Waters – For antidegradation purposes, Tier 3 waters are identified by states as having high quality waters constituting an Outstanding Natural Resource Water (ONRW), such as waters of National Parks and State Parks, wildlife refuges, and waters of exceptional recreational or ecological significance.

Regardless of these general descriptions, the water bodies regulated under each tier must be LISTED by US EPA. The list of effected waters can change overtime. Currently, the States with listed waters include:

Tier 2 or 2.5: Massachusetts, New Hampshire, District of Columbia, Minnesota
Tier 3: New Hampshire, Puerto Rico, Minnesota, Wisconsin, New Mexico

Caltha LLP assists companies in addressing their requirements under State and Federal stormwater rules. Caltha specializes in developing cost effective corporate-wide SWPPP programs covering multiple facilities. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
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Managing Wastes and Waste Containers - Dumpsters - Roll-offs

One of the more challenging aspects of compliance with State and Federal stormwater pollution prevention requirements is the management of wastes. This holds true for both facilities that have a stormwater discharge permit, and facilities that have a conditional No Exposure Certification exemption.

Facilities that operate under a No Exposure Certification (NEC) find waste management particularly challenging because they have certified that wastes are not exposed to stormwater and that any wastes stored outdoors are managed in covered, water tight containers. In some States (e.g., Washington, New Jersey and others), all wastes must be stored inside a permanent building to qualify for the NEC exemption. Facilities that utilize roll-off containers find it challenging to either move containers indoors, or to use covered and water tight containers.

NEC facilities also have to address contractor wastes. As construction or renovation projects proceed, contractors need to meet the same requirements for waste storage. [Read more about NEC compliance]

Facilities that manage their stormwater impacts through a stormwater pollution prevention plan also need to address waste generation and storage. These facilities may elect to move wastes indoors or to use covered containers. However, in general, permitted facilities have more options available for waste management. They simply need to develop procedures to minimize the potential impacts of waste storage on their stormwater discharge.

Caltha LLP helps permitted and NEC facilities to develop cost effective waste management procedures to comply with regulatory requirements and to minimize their environmental footprint. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
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Endangered Species Certification – Historic Places Preservation Certification

Several years ago, the requirement was added to the US EPA Multi-sector General Permit (MSGP) to conduct an assessment and to certify that stormwater discharges being permitted would not adversely impact either Federally-protected endangered species or historic places. Since that time, these requirements have been incorporated into most State general permits.

Why are endangered species and historic places called out?

The answer actually lies within Federal regulations that prohibit federal agencies from taking actions that would be in violation with other federal rules. Because US EPA delegates its authority to issue NPDES permits to States, a permit issued by a State becomes an action taken by US EPA.

Because stormwater discharges or construction of stormwater controls could potentially impact endangered species or historic places, US EPA needs to certify that in issuing the permit (or in this case, by granting coverage under a general permit) that the agency has considered these potential impacts. In practice, the requirement to assess these potential impacts is placed on the discharger, who must follow a prescribed assessment protocol and certify that no foreseeable impacts will occur.

Caltha LLP assists companies in addressing their requirements under State and Federal stormwater rules, including review and documentation of Endangered Species and Historic Places requirements. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

What Are Non Stormwater Discharges and Illicit Discharges?

Stormwater discharge permits include sections discussing the prohibition on non stormwater discharges. Municipal stormwater permits (MS4 permits) also refer to “illicit discharges”; illicit discharges are equivalent to non stormwater discharges. The municipality must develop programs to detect illicit discharges and to eliminate them from being discharged to their system.

Non stormwater discharges are any waste or wastewater discharge through a stormwater outfall that is not stormwater. Non stormwater discharges are not limited to piped discharge of wastewater; discharges could be infrequent or even one-time discharges. Examples of periodic or infrequent discharges include washing of equipment or pavement, blowdown from cooling towers, condensation from chillers or compressors. Non stormwater discharges can be small discharges of water, such as dumping floor scrubber water in a parking lot.

The Clean Water Act does not recognize a “deminimis” discharge – all non stormwater discharge is prohibited, regardless of how small. [Read more about connection between non stormwater discharge prohibition and the Clean Water Act]

The obligation on the discharger under most State stormwater permits is to 1) conduct and document an assessment of potential non stormwater discharges at the permitted facility, and 2) either eliminate the discharge, or to obtain a separate discharge permit that allows the discharge. Permits will also contain a list of allowable non stormwater discharges, which is a small subset of non stormwater discharges that can be discharged without a separate permit, if certain conditions are met.

Caltha LLP assists permitted facilities in conducting non stormwater discharge assessments and determining preferred options for the alternate disposal of non stormwater discharges. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
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Caltha LLP Website

State SWPPP Template Virtual Library

Caltha LLP maintains a library of SWPPP Templates developed to meet the requirements of individual States. Separate stormwater plan templates are provided to Industrial, Municipal (MS4) and Construction stormwater dischargers.

Using a SWPPP Template, the level of effort required to complete a stormwater pollution prevention plan meeting State permit requirements is significantly reduced. The quality, ease-of-use, and effectiveness of the plan are also enhanced.

[Read more about what makes a good SWPPP template]

Caltha provides State-specific SWPPP templates for the following States:
[Click on a State to request information and options]

[See a list of States Caltha has recently worked in]

Alabama SWPPP Template
Alaska SWPPP Template
Arkansas SWPPP Template
California SWPPP Template
Connecticut SWPPP Template
Florida SWPPP Template
Georgia SWPPP Template
Illinois SWPPP Template
Indiana SWPPP Template
Iowa SWPPP Template
Kansas SWPPP Template
Kentucky SWPPP Template
Louisiana SWPPP Template
Maine SWPPP Template
Massachusetts SWPPP Template
Michigan SWPPP Template
Minnesota SWPPP Template
Mississippi SWPPP Template
Nebraska SWPPP Template
Nevada SWPPP Template
New Jersey SWPPP Template
New York SWPPP Template
North Carolina SWPPP Template
North Dakota SWPPP Template
Ohio SWPPP Template
Oklahoma SWPPP Template
Oregon SWPPP Template
Pennsylvania SWPPP Template
South Carolina SWPPP Template
South Dakota SWPPP Template
Tennessee SWPPP Template
Texas SWPPP Template
Utah SWPPP Template
Virginia SWPPP Template
Washington SWPPP Template
Wisconsin SWPPP Template

Looking for information on SWPPP - Stormwater Training in these States?

For further information contact Caltha LLP at
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MSGP 2008 - EPA Warning Regarding Delays in NOI Processing

US EPA has issued an alert to dischargers covered under the new industrial Multi-sector General Permit (2008 MSGP).

If you are an existing discharger that was covered under the 2000 MSGP and have already submitted a paper NOI, US EPA is advising that due to a technical system error, the EPA NOI Processing Center is experiencing delays in posting the paper NOIs on the Internet. EPA expects that the system error will be corrected by the end of January, at which time the NOI Processing Center can begin posting the paper NOIs received by EPA on the Internet. Please note that the NOI waiting period for the facility does not begin until the NOI has been posted on the Internet.

According to EPA, if the paper NOI was sent before or postmarked by January 5, 2009, your coverage under the 2000 MSGP will be administratively continued until you are authorized to discharge under the 2008 MSGP.

If you are an existing discharger and you have not yet filed your NOI, EPA recommends that you file your NOI electronically using the eNOI system immediately to minimize any delay in your discharge authorization under the 2008 MSGP and that you minimize any period of noncompliance without NPDES permit coverage.

Caltha LLP assists companies in addressing their requirements under State and Federal stormwater rules. Caltha specializes in developing cost effective corporate-wide SWPPP programs covering multiple facilities. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

Non Stormwater Discharge - Illicit Discharge Prohibition – Basis in Clean Water Act

Most stormwater discharge permits included sections discussing the prohibition on non stormwater discharges. Municipal stormwater permits (MS4 permits) also refer to “illicit discharges”; illicit discharges are equivalent to non stormwater discharges. The municipality must develop programs to detect illicit discharges and to eliminate illicit discharges from entering their system.

Stormwater discharge permits address the discharge of stormwater; so why do stormwater permits also address non stormwater discharge? The answer is in the original “Clean Water Act” passed in 1972. One of the most controversial requirements of the Act was a prohibition on all discharges to the waters of the US unless it was covered under a National Pollution Discharge Elimination Systems (NPDES) permit (the NPDES program was also developed under the Act), or was otherwise specifically allowed. This prohibition was so controversial that Congress had to override a veto of President Richard Nixon to pass the Clean Water Act with this requirement.

Unlike other environmental acts, such as RCRA or Clean Air Act, the Clean Water Act does not recognize a “deminimis” discharge. Any discharge to the Waters of the US must be specifically permitted, no matter how small.

Therefore, the prohibition of “non stormwater discharge” simply reinforces a requirement stemming directly from the Clean Water Act. However, in order to allow certain low risk discharges, stormwater discharge permits will also typically list specific “allowable non stormwater discharges”, again to comply with the intent of the Act. Without being specifically allowed, these types of discharges would also be prohibited without an NPDES permit.

Caltha LLP assists facilities in addressing their requirements under State and Federal stormwater and wastewater rules. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
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Spill Prevention Control & Countermeasures - Requirements for Farm Operations

On December 5, 2008, EPA amended the SPCC rule to tailor certain requirements for agricultural facilities, including farms. These amendments complement the December 2006 amendments to the SPCC rule, which streamlined the requirements for most farms subject to SPCC requirements. The recent amendment clarified three primary areas relevant to farm operations.

First, the final rule exempts all pesticide application equipment and related mix containers, regardless of ownership or where used, from SPCC requirements. The capacity of these pesticide application equipment and related mix containers are not counted toward the facility’s oil storage capacity calculation. However, containers that store oil prior to mixing with a pesticide, or containers used to store pesticides that contain oil, may continue to be regulated under the SPCC rule.

Second, the SPCC amendment also clarified application of the Rule to mobile refuelers (including “nurse tanks”), common at many farm operations. Mobile refuelers are exempt from the sized secondary containment requirements of the SPCC rule, but are still subject to the general secondary containment requirements.

Finally, farms are exempt from the loading/unloading rack requirements because agricultural oil and fuel transfers at farms are generally not associated with loading/unloading racks. However, oil transfer areas, such as loading/unloading areas at farms are subject to the SPCC rule and require general secondary containment.

Caltha LLP assists facilities that exceed the SPCC storage threshold to comply with SPCC Rules, including preparation SPCC Plans and SPCC Template Plans, and conducting SPCC Training.

For further information contact Caltha LLP at
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SPCC Plan Template - New Option for Tier I Qualified Facilities

On December 8, 2008, US EPA finalized its streamlined SPCC Rule (40 CFR 112). The amended rule tailored the SPCC requirements for a subset of qualified facilities. The owner or operator of a qualified facility has the option to self-certify their SPCC Plan and comply with other streamlined requirements.

This final rule designates a subset of qualified facilities (“Tier I qualified facilities”) as those that meet the current criteria to self-certify their SPCC Plan and that have no oil storage containers with an individual aboveground storage capacity greater than 5,000 gallons. A Tier I qualified facility has the option to complete a self-certified SPCC Plan template instead of a full SPCC Plan. By completing the SPCC Plan template, an owner or operator of the facility will certify that the facility complies with a set of streamlined SPCC rule requirements. All other qualified facilities will be designated “Tier II qualified facilities.”

Caltha LLP assists facilities in complying with SPCC Rules, including several very cost effective options for Tier I Qualified Facilities to prepare their SPCC Plan Template.For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

For further information contact Caltha LLP at
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SPCC Rule 40 CFR 112 - Regulation of Mobile Tanks and Tankers

The recently revised SPCC Rule (40 CFR 112) clarified a few points in regards to mobile tanks.

First, the Rule clarified that tanks on vehicles used to hold fuels and operating fluids required to operate the vehicle are not intended to be regulated under the SPCC requirements. Typical mobile refueling equipment would have two types of fuel storage –a fuel tank for operation of the engine, and a storage tank used to move fuel around the facility. Under the revised Rule, the engine’s fuel tank (i.e., “motive fuel container”) would not be included under an SPCC Plan.

The bulk fuel tank on the refueling vehicle would normally require the same spill protections that other containers need. However, the revised SPCC Rule clarified that these refueling vehicles are exempted from some SPCC requirements.

Caltha LLP provides expert technical support to facilities and/or consulting engineers on compliance with SPCC Rules. Caltha maintains a library of SPCC Plan templates to match site-specific needs. For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

For further information contact Caltha LLP at
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SWPPP Training – Stormwater Training

Caltha LLP offers a wide variety of SWPPP Training courses developed to meet the requirements of individual States. Separate stormwater training programs are provided to Industrial, Municipal (MS4) and Construction stormwater dischargers.

Training is offered in a number of flexible formats, ranging from traditional classroom training presented periodically in different locations, to facility-level training conducted at individual sites to meet employee and/or contractor training needs. Caltha offers web-based and remote training options. Caltha also creates facility-specific training materials and conducts “train-the-trainer” sessions for facility training staff.

Caltha also offers stormwater training options especially designed for small groups or small organizations.

Caltha provides State-specific SWPPP training for the following States:
[Click on a State to request information on upcoming stormwater training programs and training options]

[See a map showing States where Caltha LLP worked in 2008]

Alabama
Arkansas
California
Connecticut
Florida
Georgia
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Massachusetts
Michigan
Minnesota
Mississippi
Nebraska
Nevada
New Jersey
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wisconsin

Stormwater Effluent Limits For Industrial - MS4; Are These Next?

US EPA has recently proposed effluent limits for stormwater discharges from larger construction sites. [Read more about Construction Stormwater Discharge Limits]. This has prompted many industrial and municipal stormwater permitees to speculate on whether or not similar effluent limits will be proposed under Multi-sector General Permits (MSGP) or MS4 permits.

The simple answer is that almost anything is possible.

However, the establishment of construction site effluent limits has some important differences that may not allow easy transfer of the same effluent limits to industrial or MS4 permits.

1. Effluent limits are based on a specific stormwater treatment method that is added to the stormwater treatment pond requirements for smaller sites. Without the requirement to install a pond, the additional treatment may not be economically-feasible. Unless specific structural BMPs, like ponds, are required for industrial or MS4 dischargers, it would be difficult to translate the construction site effluent limits. Because of the nature of industrial and MS4 discharges, requiring treatment ponds would be difficult.


2. In general, the variety of activities and stormwater handling practices associated with industrial and MS4 discharges will be significantly broader compared to construction sites. Therefore, again, translating the proposed effluent limits to industrial and MS4 dischargers would be difficult.

Given these factors, it may be difficult to demonstrate that similar Best Available Technology used to calculate effluent limits for construction site discharges could be equally applied to other types of discharges.

Caltha LLP provides expert technical support in permitting and compliance with State and Federal stormwater permits. To request a quote of services on-line, go to Caltha Stormwater Quote Page.

For further information contact Caltha LLP at
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SWPPP Training - What Stormwater Training Is Needed?

The answer will depend on the State your facility is located in – different States will have different training requirements. However, Caltha generally sees three categories for training:

a) SWPPP Awareness Training. This is “high-level” training which may be given to all employees, and covers basics of stormwater program and facility controls that would apply to any employee. In some States, this level of training is all that is required to comply with the discharge permit.
b) Stormwater Training. This training would be addressing employees whose day-to-day work activities relate to the specific controls and procedures the facility has established in its SWPPP, such as dock workers who might be involved with spills.
c) Stormwater Permit Compliance Training. Employees who have been assigned specific compliance tasks, such as conducting inspections, collecting stormwater samples, need to be trained to conduct their tasks.


Other types of training may be required, such as SPCC training or emergency response training, and permitted facilities may also need to consider training for contractors [read more about contractor training] Click here for Frequently Asked Questions Regarding Stormwater Training.

Caltha LLP presents stormwater training programs, prepares site-specific training materials, and offers "train-the-trainer" programs to facilities subject to stormwater permitting requirements.

Click here for more information on State-specific SWPPP - Stormwater Training Resources.

For further information contact Caltha LLP at
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