Massachusetts DEP Proposed Stormwater Regulations

The Massachusetts Department of Environmental Protection (DEP) is proposing a new approach to stormwater management which will require private owners of large impervious surfaces (including institutions, commercial, industrial and residential properties) to manage stormwater. The draft requirements include:

• Statewide private property owners of impervious surfaces ≥5 acres will be required to implement good housekeeping practices,
• Statewide private new developments with impervious surfaces ≥5 acres will be required to meet the state’s Stormwater Standards 3-6, including recharge and water quality treatment,
• Redevelopments with impervious surfaces ≥5 acres must maintain the same level of stormwater control and recharge, to the extent site constraints allow.

In areas that drain to an impaired waters with an existing or pending TMDL, a 65 % reduction in phosphorus load is required to achieve compliance with the State’s water quality standards.

Private property owners of impervious surfaces ≥2 acres will also be have requirements under the new program. New projects and redevelopments will have to meet statewide requirements and implement stormwater Best Management Practices (BMPs) capable of reducing phosphorus. Existing properties will be given 10 years to retrofit their properties to meet the phosphorus reduction requirement. TMDL areas include the Charles River watershed (with a 65% phosphorus reduction requirement) and a number of lake watersheds across the state.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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North Carolina CAFO General NPDES Permit Reissue

The North Carolina Department of Environment, Health, and Natural Resources – Division of Water Quality has revised its general NPDES discharge permits for confined animal feeding operations (CAFO). The current general permits for waste systems at swine, cattle and dairy and wet poultry operations will expire on Sept. 30, 2009. Operators of swine, cattle and poultry farms who come under the state general permits for wastewater systems need to apply for renewal under the new permit before April 1, 2009.

General permits set requirements for waste management activities common to facilities of a particular type, and are issued as a class every five years. General permits for animal operations are issued along with certificates of coverage that address specific requirements for each facility.

The new general permits differ from the current permits in some operational, monitoring and reporting requirements. The most substantive change to the current permit is that application of waste must stop within 4 hours of a National Weather Service (NWS) issuing a warning of a hurricane, tropical storm or flood watch for the county in which the CAFO is located.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
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SWPPP - Does My Stormwater Pollution Prevention Plan Expire?

From time-to-time, Caltha receives inquiries from facilities that believe their Stormwater Pollution Prevention Plan (SWPPP) may have "expired".

The SWPPP, prepared in accordance with State or EPA permit requirements, is a "dynamic" document, and does not expire. However, at any point in time, the SWPPP needs to accurately reflect the current physical layout of the facility, the existing stormwater controls and spill containment and control measures, and the current emergency response procedures.

Because facilities change overtime, the SWPPP needs to be reviewed and updated accordingly. In many cases, the SWPPP needs to be amended prior to making the changes. The SWPPP may have to be revised for a number of different reasons, including:

• Changes to physical layout of the site


• Changes to locations for specific industrial activities


• Changes to materials handled at the site


• Changes to best management practices (BMPs) or stormwater controls


• Changes to Pollution Prevention Plan team members and/or responsibilities.

Facilities may also need to review and revise the SWPPP in response to issues that are identified during site inspections, site compliance evaluations, or benchmark stormwater monitoring results.

[Read more about relationship between benchmark monitoring and SWPPP]

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
info@calthacompany.com
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Revised Draft MPCA Multisector Industrial Stormwater Discharge Permit

UPDATE: On July 6, 2009, MPCA is scheduled to release its proposed Multisector Industrial General Stormwater Permit. In July, Caltha LLP will be hosting seminars in several cities across Minnesota to provide information on the proposed permit and rule changes, and steps facilities can take to reduce their impact.

For more information, go to:

MPCA SWPPP Permit - Industrial Stormwater Permit Reissue Seminars

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On March 19, 2009, the Minnesota Pollution Control Agency released a revised working draft of its proposed multi-sector industrial stormwater discharge general permit. This permit, once promulgated, will replace the existing industrial stormwater permit, which expired in October of 2002.

The MPCA draft permit is of interest outside of Minnesota because of the numerous unique requirements that MPCA has included. Many of these go well beyond other current State general permits, and even the most recent US EPA general permit (“MSGP-2008”). Unique features of the MPCA permit include special stormwater antidegradation requirements, design and performance requirements for stormwater infiltration, requirements for mercury minimization, and others.

Some of the key updates in the March 19, 2009 draft include:

Pollution Prevention Requirements:
Additional pollution prevention requirements have been included under each sector-specific requirement (discussed below)

Stormwater Monitoring Requirements:
There are no significant changes to the requirements for all dischargers to conduct both visual and chemical (benchmark) monitoring. However, some important changes related to stormwater monitoring are including in Sector Specific Monitoring Requirements (see sector requirements)
[Read about proposed MPCA industrial stormwater monitoring requirements]
[See flowchart summarizing proposed MPCA industrial stormwater monitoring requirements]

Stormwater Antidegradation Requirements:
Certain discharges that are located within one mile of a “special water” must meet additional requirements. The March 19, 2009 contains no significant amendments to stormwater nondegradation (antidegradation) requirements compared to the previous draft.
[Read more about MPCA stormwater nondegradation (antidegradation) requirements]

Stormwater Infiltration Requirements:
The requirements for stormwater infiltration are largely the same as discussed previously. There now is clarification that design standards for infiltration basin must be met for new basins or when upgrading existing basins.
[Read more about draft requirements for stormwater infiltration]

Sector Specific Requirements:
One of the key additions compared to the previous working draft is the addition of sector specific requirements. The general permit will ultimately contain additional requirements for about thirty different industrial sectors. Most sectors now have sector requirements listed in the draft permit.

As examples, click below to review additional requirements for two sectors:

Proposed stormwater requirements for Food and Kindred Products Sector (Sector U)
Proposed stormwater requirements for Steam Electric Generating Facilities (Sector O)

Looking for different sector information? Click here to request information on proposed stormwater requirements for specific sector.



The March 19, 2009 draft for the industrial stormwater discharge general permit is a “work in progress”; it is anticipated that requirements will change prior to being published for public review and comment.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
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Draft MPCA SWPPP Requirements for Food Products Facilities

On July 6, 2009, the Minnesota Pollution Control Agency released its proposed multisector industrial stormwater discharge general permit. This permit, once promulgated, will replace the existing industrial stormwater permit, which expired in October of 2002.

[Read a summary of the overall Minnesota permit, stormwater monitoring, and sector requirements]

Caltha LLP will be conducted seminars on the proposed sector requirements in July & August 2009. Caltha MPCA Industrial Stormwater Permit Requirements Seminars

The proposed permit details requirements for 29 different industrial sectors. The requirements described below are proposed for the Food and Kindred Products Sector (Sector U). Sector U covers a fairly broad range of facility types, including meat products, dairy products, bakeries, beverage products, and many others. These requirements are in addition to permit requirements that apply to all sectors.

Employee Training:
SWPPP training programs must include information on:
1) used oil and spent solvent management;
2) segregation of organic materials, raw materials, and products from contact with stormwater and precipitation; and
3) pest control

[Read more about Minnesota stormwater training]

Inspections:
Inspections must include:
a) waste management units;
b) vents and stacks associated with industrial activities;
c) spoiled product and broken product container holding areas;
d) animal holding pens;
e) staging areas; and
f) air pollution control equipment.

At least two of the monthly inspections must be conducted during runoff events. One of the inspections must be performed during a snow melt runoff event.

Stormwater Pollution Prevention Plan (SWPPP) Content:
The SWPPP must identify:
1) vents and stacks from cooking, drying, and similar operations;
2) dry product vacuum transfer lines;
3) animal holding pens;
4) spoiled product; and broken product container storage areas.

Potential Pollutant Sources:
The SWPPP must describe application and storage of pest control chemicals (e.g., rodenticides, insecticides, fungicides) used on plant grounds.

Stormwater Monitoring Benchmarks:
All facilities are required to conduct visual and chemical (benchmark) monitoring. For benchmark monitoring, the benchmark concentrations or values depend on product type:

Grain Mill Products:
TSS 100 mg/L

Fats and Oils Products:
TSS 100 mg/L
BOD5 25 mg/L
COD 120 mg/L
Ammonia 34.8 mg/L
Total nitrogen None

All Other Food Sectors:
TSS 100 mg/L
BOD 25 mg/L
COD 120 mg/L
Ammonia 34.8 mg/L
Total nitrogen 10 mg/L
Phosphorus 1.0 mg/L

Note: Benchmarks for ammonia and nitrate were derived based on the Aquatic Life Standards for these parameters in Minnesota Rules.

[Read more about use of Aquatic Life Standards to derive stormwater benchmarks]
[Read more about how benchmarks are used under the proposed MPCA industrial permit]
[Read more about what a 100 mg/L benchmark for TSS relates to]

Looking for other sector information? Click here for information on proposed stormwater requirements for specific sector.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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

Proposed MPCA SWPPP Requirements for Electric Generating Facilities

On July 6, 2009, the Minnesota Pollution Control Agency released its proposed multisector industrial stormwater discharge general permit. This permit, once promulgated, will replace the existing industrial stormwater permit, which expired in October of 2002.

[Read a summary of the overall Minnesota permit, stormwater monitoring, and sector requirements]

Caltha LLP will be conducted seminars on the proposed sector requirements in July & August 2009. Caltha MPCA Industrial Stormwater Permit Requirements Seminars

The proposed permit details requirements for 29 different industrial sectors. The requirements described below are proposed for the Steam Electric Generating Facilities (Sector O). Sector O covers three primary types of facilities, 1) steam electric power generation using coal, natural gas, oil, nuclear energy, etc., to produce a steam source; 3) dual fuel co-generation facilities; and 3) alternative fuel generating facilities used to produce steam.

These requirements are in addition to permit requirements that apply to all sectors.

Good Housekeeping Practices:
The SWPPP must describe and implement procedures to reduce or control the tracking of ash and residue from ash loading areas. Clear the ash building floor and immediately adjacent roadways of spillage, debris, and any excess water before departure of each loaded vehicle.

Inspections
Inspections must include:
a) coal handling areas,
b) switchyards,
c) ash handling areas,
d) areas adjacent to disposal ponds and landfills.

Inspections must include all residue-hauling (i.e. ash) vehicles for proper covering over the load, adequate gate sealing, and overall integrity of the container body. Dischargers must repair, as soon as practicable, vehicles without load covering or adequate gate sealing, or with leaking containers or beds. Two of the monthly inspections must be conducted during runoff events and one of the inspections shall be performed during a snow melt runoff event.

Preventative Maintenance:
The SWPPP must describe and implement measures that prevent or minimize stormwater from contacting fugitive dust emissions from coal handling areas and to prevent or minimize contamination of stormwater runoff from delivery vehicles carrying significant materials arriving at the facility. The SWPP must have procedures ensuring overall integrity of the body or container and procedures to deal with leakage or spillage from vehicles or containers.

The SWPPP must also describe and implement measures that prevent or minimize contamination of surface runoff from oil-bearing equipment in switchyard areas and to retard flows and limit the spread of spills from oil-bearing equipment in switchyards, or collecting runoff in perimeter ditches from these areas.

Spills and Leaks:
The SWPPP must describe and implement measures to reduce the potential for an oil or chemical spill, or reference an SPCC plan, and to visually inspect the structural integrity of all above-ground tanks, pipelines, pumps, and related equipment, and conduct any necessary repairs immediately.

Management of Runoff:
The SWPPP must describe and implement measures that prevent or minimize contamination of surface runoff from areas adjacent to disposal ponds or landfills, and must include procedures to reduce ash residue that may be tracked on to access roads traveled by residue handling vehicles, and reduce ash residue on exit roads leading into and out of residue handling areas.

SWPPP Contents:
The SWPPP must identify:
1) scrap yards, and general refuse areas;
2) short- and long-term storage of construction materials, paint equipment, oils, fuels, used and unused solvents, cleaning materials, paint, water treatment chemicals, fertilizer, and pesticides);
3) landfills and construction sites; and
4) stockpile areas (e.g., coal or limestone piles).

Stormwater Monitoring Benchmarks:
All facilities are required to conduct visual and chemical (benchmark) monitoring. For benchmark monitoring, the benchmark concentrations or values depend on facility type:

Coal Fired and Oil Fired Steam Electric Generating Facilities:
TSS 100 mg/L
Iron 1.0 mg/L

Nuclear and Natural Gas Fired Co-Generation Facilities:
TSS 100 mg/L

[Read more about how benchmarks are used under the proposed MPCA industrial permit]
[Read more about what a 100 mg/L benchmark for TSS relates to]

Looking for other sector information? Click here for information on proposed stormwater requirements for specific sector.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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

Multimedia General Permit – Combining Stormwater & Air Requirements

There is a clear advantage for State and Federal permitting agencies to develop and offer general permits to the regulated community. A single permit can be prepared and issued which can be used by many permittees. In most cases, the general permit option benefits the permit holder as well, including:

• Significant reduced time to receive permit(s),


• Clear understanding of permit requirements and limitations before applying for coverage,

Permittees that can not accept the requirements or limitations in the general permit have the option to apply for an individual permit.

Recently, the general permit approach has been taken to the logical next step – a Multimedia General Permit. Multimedia General Permits incorporate the requirements that apply to different permitting programs. To date, the permitting programs which have been combined are Air Emission Permits and Stormwater Discharge Permits. In this case, permittees that require both an air permit and a stormwater permit apply to be covered under a single Multimedia General Permit.

Because the regulatory requirements for air emission and stormwater discharge permits are sector- or industry-specific, the multimedia general permits offered are usually limited to a fairly narrow industrial sector. And therefore, because a multimedia general permit will apply to a smaller number of potential permittees, many States have not devoted significant resources to develop many such permits.

Two States have developed one or more Multimedia General Permits:

Alabama – (ADEQ): In February 2009, ADEQ promulgated a multimedia general permit for Dry Litter Poultry Animal Feeding Operations – a type of regulated Confined Animal Feeding Operation or CAFO. The general permit incorporates requirements for air emission permitting and compliance and stormwater permitting and compliance.

South Dakota – (SDDENR): DENR has three Multimedia General Permits for asphalt plants, rock crushing operations, and concrete plant. Like the Alabama permit, the South Dakota permit combines air emission and stormwater discharge requirements.

Because permittees need to accept both air emission and stormwater discharge requirements and limits, it becomes even more important for sites considering multimedia general permit coverage carefully review the compliance requirements.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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

SPCC Rule - EPA Changes Definition of “Navigable Waters''

The SPCC Rule (40 CFR 112) is intended to prevent and control accidental discharges of oils to "navigable waters" of the US. The definition of "navigable waters" is an important element of the regulation.

In November 2008, The Environmental Protection Agency (EPA) promulgated a final rule to amend a Clean Water Act (CWA) Section 311 regulation that defines the term “navigable waters'', effective November 26, 2008.

As background, the SPCC rule was originally promulgated on December 11, 1973. The 1973 SPCC rule defined “navigable waters'' (see below). In 2002, EPA amended the SPCC rule including a revision to the regulatory definition of “navigable waters”.

On March 31, 2008, the U.S. District Court for the District of Columbia ruled that the Agency's promulgation of the revised definition of ``navigable waters'' in the July 2002 SPCC rule violated the Administrative Procedure Act. The court vacated the July 2002 SPCC regulatory definition of ``navigable waters'' and specifically restored the 1973 SPCC regulatory definition:

Navigable waters of the United States means ``navigable waters'' as defined in section 502(7) of the FWPCA, and includes:
(1) All navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 Amendments to the FWPCA (Pub. L. 92-500), and tributaries of such waters;
(2) Interstate waters;
(3) Intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; and
(4) Intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce.
SPCC Plan and SPCC Template Plan Compliance
Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Spill Prevention and SPCC Plans, Stormwater Monitoring and Stormwater Training. For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

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

Making SWPPP Available to Public - EPA Requirement

Stormwater discharge permit holders around the county understand that they must prepare and maintain a stormwater pollution prevention plan (SWPPP), and they must make the SWPPP available for review by the permitting agency. In many States, the SWPPP must be provided to local stormwater management agencies upon request.

Whether or not the SWPPP must be provided to members of the general public, upon request, is much less consistent from State to State and much more controversial. Because the SWPPP is required to contain specific information on activities, processes, raw materials, and other site specific information, it could conceivably contain confidential business and/or security information.

Many State general stormwater permits are silent on the issue of making the SWPPP available to the public. For States that do address the issue, the approach varies widely. Here is a sampling of permit language:

California General Industrial Discharge Permit:
“The SWPPP shall be provided, upon request, to the Regional Water Board. The SWPPP is considered a report that shall be available to the public by the Regional Water Board under Section 308(b) of the Clean Water Act.”


Colorado General Industrial Discharge Permit:
“All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request. However, the permittee may claim any portion of a stormwater pollution plan as confidential in accordance with 40 CFR Part 2.”


New York General Industrial Discharge Permit:
“…in the interest of the public’s right to know, the permittee must make a copy of the SWPPP available to the public upon written request. (Note: A facility may withhold justifiable portions of the SWPPP from public review that contain trade secrets, confidential commercial information or critical infrastructure information in accordance with 6 NYCRR Part 616.7).”

In 2008, US EPA revised its own general permit (“MSGP-2008”) and clarified its requirements for making the SWPPP available to the public. EPA’s approach does not require providing access to the public directly, but it clarified that the public could obtain access to portions of the SWPPP through EPA.

US EPA Multisector General Permit (MSGP-2008)
“You must retain a copy of the current SWPPP required by this permit at the facility, and it must be immediately available to EPA; a State, Tribal, or local agency approving stormwater management plans; the operator of an MS4 receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS) at the time of an onsite inspection or upon request. EPA may provide access to portions of your SWPPP to a member of the public upon request. Confidential Business Information (CBI) may be withheld from the public, but may not be withheld from those staff cleared for CBI review within EPA, USFWS, or NMFS.
EPA encourages you to post your SWPPP online and provide the website address on your NOI.”

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
info@calthacompany.com
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Virginia DCR SWPPP Requirements - Proposed Changes

The Virginia Department of Conservation and Recreation (DCR) has proposed certain revisions to its current General Permit for Discharges of Stormwater from Construction Activities, which expires on June 30, 2009. Several updates have been proposed to the requirements for and contents of a Stormwater Pollution Prevention Plan (SWPPP) for the construction site, including:

• A requirement for the SWPPP to be made available to the public. Access to the
  SWPPP could be arranged at a time and location convenient to the operator or permittee, but no less than twice per month and during normal business hours.
• A direct requirement that all operators implement an Erosion and Sediment
  Control plan for the site in accordance with the Erosion and Sediment Control Law and Regulations.
• Clarification that water quality and quantity requirements must be met by the operator.
  The addition of an option for inspections of the site to be conducted every 7 days; the operator can still choose the current inspection schedule of every 14 days and within 48 hours following a runoff producing event if desired,
• A requirement that the operator report if there has been any correspondence with Federal officials regarding endangered species on the site, and a description of any measures necessary to protect such species,
• A requirement that any TMDL wasteload allocations made to construction activities be addressed through the implementation of control measures and strategies described in the SWPPP.

DRC anticipates that the revised permit will be published in June 2009, with an effective date of July 1, 2009.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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WDNR Runoff Standards - Proposed Amendment to NR 151

The Wisconsin Department of Natural Resources (WDNR) is currently in the process of making revisions to Wisconsin Rule NR 151. NR 151establishes runoff pollution performance standards for non−agricultural facilities and transportation facilities and performance standards and prohibitions for agricultural facilities and practices designed to achieve water quality standards.

The WDNR has proposed amendments that include:

• develop an agricultural buffer or equivalent performance standard and a performance standard to address sediment, manure and other runoff from smaller, non-permitted farms;
• modify post-construction non-agricultural performance standards, regarding infiltration and protective areas;
• revise existing agricultural performance standards and prohibitions to clarify provisions related to manure storage facility closures and direct runoff of manure; and
• modify grant rules pertaining to eligibility, awards, allocation for TMDLs and project size.

A formal proposal for amendments is expected to be released for public comment in 2009.

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Water Quality Standards - Aquatic Toxicology - NPDES Permit Limits

A New Topic Page has been created:

Water Quality Standards - Aquatic Toxicology - NPDES Permit Limits

Discussion of a variety of topics related to State and Federal Water Quality Standards, Ambient Water Quality Criteria, Sediment Criteria, NPDES & Site-specific Discharge Standards, Water Quality Management, Aquatic Toxicology, Aquatic Community Impacts, and Water Quality Assessment

For further information contact Caltha LLP at
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