Update On Reissue Of California Industrial Stormwater Discharge General Permit

UPDATE: On July 16, 2012, an updated draft was released. Click here for a summary of the revised draft ICP

The California State Water Board posted a revise draft industrial stormwater general permit in January 2011 and accepted public comments through April 2011. The Board is working to address the comments received on the previous draft.

The California State Water Board currently expects to release a new draft of the industrial permit and its attachments and supporting documents in early 2012. The Board anticipates at least a 60 day comment period, during which they plan to provide at least two, informal staff workshops and one, formal public hearing.

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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SPCC Rule Extension For Agricultural Facilities

EPA has extended the date that agricultural facilities must come into compliance with the new Spill Prevention, Control, and Countermeasure (SPCC) rule to May 10, 2013. Agricultural facilities that began storing oil before August 16, 2002 must revise their SPCC plan to meet the 2002 changes by the May 2013 deadline.

There are several exemptions for agricultural operations. These include: milk and milk product containers, associated piping, and appurtenances; home heating oil tanks at single family homes; pesticide containers used to mix and load formulations; and pesticide application equipment.

The recent Rule changes also allow agricultural operations that store 10,000 gallons of oil or less and meet the Tier 1 or 2 qualified facility requirements to prepare and self-certify their SPCC Plan. Although anyone can use the templates, not all states allow self-certification For example, New Hampshire requires all SPCC Plans to be certified by a professional engineer.

FAQ: What industries need an SPCC Plan?


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address SPCC and Stormwater Permitting & Regulatory Support, preparing and certifying SPCC Plans and SWPPPs, SPCC rule compliance and SPCC Training.

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

MPCA Reports Low Compliance Rates With New Industrial Stormwater Permit

In 2010, the Minnesota Pollution Control Agency (MPCA) finalized a new industrial stormwater discharge general permit. The new permit had numerous new requirements that facilities are required to meet. One of the most significant changes was that facilities are now required to collect samples of their stormwater discharge, send the samples to a laboratory for testing, and to report the results to MPCA on a Stormwater Monitoring Report Form (SWMR).

[Read a summary of MPCA industrial stormwater monitoring requirements]

[Read a summary of the revised MPCA permit]

According to information now being circulated by MPCA, as of November 2011, about 50% of all permitted facilities in Minnesota that are required to collect a sample and submit results had failed to do so. In addition, another 25% are missing results/data on a previously-submitted SWMR. In summary, according to MPCA, only about 25% of permitted facilities were in compliance with stormwater monitoring requirements of the general permit.

MPCA indicated that it is currently considering options it can take to improve compliance rates with industrial stormwater discharge permit.

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

Deadline Approaching For Renewal Of Industrial Permit Coverage In Texas

The general discharge permit for stormwater associated with industrial activities (General Permit # TXR050000 was recently revised by the Texas Commission on Environmental Quality (TCEQ). The new permit became effective on August 14, 2011. The revised permit required that all industrial dischargers that had been covered under the previous expired permit renew their permit authorization by completing and submitting a new application for coverage (Notice of Intent, or NOI).

To be eligible for renewal, existing dischargers are required to submit their renewal application no later than November 14, 2011.

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

For further information contact Caltha LLP atinfo@calthacompany.comorCaltha LLP Website

Final Washington DC MS4 Stormwater Discharge Permit

US EPA has released the final stormwater discharge permit for the Washington DC area municipal separate storm sewer system (“Washington DC MS4 Permit”). The Washington DC MS4 Permit included a number of performance-based requirements, including:

• Requiring a minimum of 350,000 square feet of green roofs on District properties;


• Planting at least 4,150 trees annually and developing a green landscaping incentives program;


• Retaining 1.2 inches of stormwater on-site from a 24-hour storm for all development projects of at least 5,000 square feet;


• Developing a stormwater retrofit strategy, and implementing retrofits over 18 million square feet of drainage of impervious surfaces;


• Developing consolidated implementation plans for restoring the impaired waterways of the Anacostia and Potomac Rivers, Rock Creek, and the Chesapeake Bay; and


• Preventing more than 103,000 pounds of trash annually from being discharged to the Anacostia River.

EPA believed the new permit conditions were necessary because impervious surfaces in the District, such as roads, rooftops and parking lots, channel stormwater directly into local streams and rivers. Improperly managed stormwater runoff from the District damages streams, causes significant erosion, and carries excessive pollutants like nitrogen, phosphorus, sediment, toxic metals, and solvents downstream and into the Chesapeake Bay. The permit aids the District in meeting its Chesapeake Bay pollution reduction targets and its Watershed Implementation Plan.

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 atinfo@calthacompany.com or Caltha LLP Website

Second Draft Georgia General Industrial Permit Released For Comment

The Georgia Department of Natural Resources - Environmental Protection Division (EPD) has released its second draft for the revised industrial general permit (IGP) for storm water discharge. The draft industrial storm water permit is designed to replace existing permit GAR000000, which expired on July 31, 2011.

The first draft of the revised permit, which included significant changes from the expired general permit, was released in June 2011. A public comment period was held on the earlier version of this permit from June 27, 2011 to August 1, 2011, and a public meeting and hearing on the Permit were held August 1, 2011. A total of 22 sets of comments were received during the comment period.

[Read summary of earlier IGP version]

As a result of comments received, minor revisions and clarifications were made to the permit. These changes have been noted in the Change Summary document, and the Comment Response document addresses the comments received. The Change Summary, Comment Response, Revised Fact Sheet and Revised Permit are now available for public comment until September 16, 2011. The draft permit will be revised if needed to address any additional comments.

Once finalized, current permittees covered under the 2006 IGP will be required to submit a new Notice of Intent (NOI) within 30 days after the effective date of the new permit. New dischargers commencing discharge after the effective date of the 2011 IGP must submit an NOI for coverage 7 days prior to commencing discharge. Also, existing facilities which had previously filed for a “No Exposure Exclusion‟ (NEE) must submit a new NEE form no later than 30 days after the effective date of the 2011 IGP. The 2011 IGP requires facilities that claim they have no storm water discharges associated with industrial activity file a “No Discharge Exclusion” (NDE) form which must be certified by a professional engineer.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and 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

Draft Georgia Industrial General Permit Released For Public Comment

The Georgia Environmental Protection Division (EPD) has released a draft Industrial General permit (“2011 IGP”) that will replace the previous general permit (”2006 IGP”) which will expire in August 2011. The draft 2011 IGP is based to a large degree on the US EPA Multi-sector General Permit promulgated in 2008 (“2008 MSGP”). Below are some key changes in the proposed Georgia storm water permit

Current permittees covered under the 2006 IGP will be required to submit a new Notice of Intent (NOI) within 30 days after the effective date of the new permit. New dischargers commencing discharge after the effective date of the 2011 IGP must submit an NOI for coverage 7 days prior to commencing discharge. Also, existing facilities which had previously filed for a “No Exposure Exclusion‟ (NEE) must submit a new NEE form no later than 30 days after the effective date of the 2011 IGP. The 2011 IGP requires facilities that claim they have no storm water discharges associated with industrial activity file a “No Discharge Exclusion” (NDE) form which must be certified by a professional engineer

If a facility failed the benchmark sampling required by the 2006 permit, then the facility may not be authorized to discharge storm water under the proposed permit and may be required to apply for an individual NPDES permit or alternative general permit. The facility has the options to conduct 12 months of flow-weighted composite sampling to demonstrate the discharge does not cause or contribute to an exceedance of water quality standards or make the necessary improvements to the facility to achieve the instream water quality standard as an effluent limit within 18 months

The 2011 IGP stormwater benchmarks are a combination of benchmarks from the 2006 IGP and the 2008 MSGP. The 2011 IGP requires all analytical sampling performed during the term of the previous 2006 IGP be summarized and the summary retained until the end of the next permit term. In the 2011 IGP, all monitoring data not prepared in situ is required to be prepared by a laboratory registered or accredited by the State or by a State certified Laboratory Analyst. If there is an exceedance of a benchmark value, under the 2011 IGP the facility is required to make modifications of best management practices (BMPs) and sample each subsequent quarter until the benchmark is met, or must make a determination that no further pollutant reductions are technologically available and economically practicable.

At least once during the term of the 2011 IGP, a dye or smoke test must be conducted to evaluate for the presence of non-storm water discharges into the storm sewer system, where applicable

The impaired stream segment sampling and requirements of the 2011 IGP apply to all dischargers located within one linear mile of an impaired water. In the 2006 IGP, only those facilities discharging to streams with an approved total maximum daily load (TMDL) had requirements associated with an impaired stream segment. In the 2011 IGP, dischargers to all impaired waters identified in the Georgia 305(b)/303(d) list are required to monitor for appropriate parameters, and corrective action is required if the discharge exceeds the benchmark value, pollutant of concern (POC) listed in the TMDL, as appropriate. Compliance alternatives in the 2011 IGP include a) preventing all exposure, b) documenting that the POC is not present at the site, c) showing that the discharge containing the POC is not likely to cause or contribute to an exceedance of water quality standards, or if the ability of a discharge to cause or contribute to an exceedance of water quality standards is unknown, then d) executing BMPs and evaluating their effectiveness.

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

For further information contact Caltha LLP atinfo@calthacompany.comorCaltha LLP Website

Update On Reissue of California Industrial General Permit For Stormwater

UPDATE: On July 16, 2012, an updated draft was released. Click here for a summary of the revised draft ICP

On January 28, 2011, the California Water Board released a draft Industrial Activities Storm Water General Permit (IGP) for public comment. State Water Board staff are working on a new draft of the California industrial permit based on the comments received on the January 28, 2011, draft IGP. Currently the Water Board plans to release the new draft IGP before September 1, 2011. The Board expects to post the new draft IGP along with a hearing notice prior to September 1, 2011.

At the present time the California Water Board anticipates they will schedule a hearing for the new draft IGP in October or November of 2011.
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

Louisiana SWPPP Template and Storm Water General Permit Compliance Plan

The Louisiana Department of Environmental Quality (DEQ) has finalized a revised General Permit for Storm Water Discharges Associated with Industrial Activity (Multi-Sector General Permit, or MSGP). This permit replaced the previous Louisiana general permit, which had expired. The Louisiana general permit is modeled after the US EPA MSGP and defines sector specific requirements for each of 29 different industrial sectors. For most facilities subject to the existing general permit, the revised MSGP will require a significant revision to the facility stormwater pollution prevention plan, or SWPPP.

To reduce the level of effort required for facilities to come into compliance with new permit requirements, Caltha LLP has prepared a SWPPP template based on Louisiana permit requirements, including Louisiana specific quarterly inspection checklist, quarterly visual assessment checklist, quarterly benchmark monitoring checklist, and an annual comprehensive site inspection checklist. Caltha has also prepared a Louisiana Stormwater Permit Compliance Plan to assist permitted facilities in organizing and planning new compliance requirements under the LDEQ general permit.

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

Caltha LLP provides expert consulting services to public and private sector clients in Louisiana and 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

Deadline for Industrial Stormwater Permit Applications In Nebraska

The Nebraska Department of Environmental Quality (NDEQ) has finalized a new industrial discharge general permit "National Pollutant Discharge Elimination System (NPDES) General NPDES Permit Number NER900000 for Storm Water Discharges From Industrial Activity to Waters of the State of Nebraska". The permit became effective on July 1, 2011 and replaced the previous general permit which expired on June 30, 2011.

The new permit requires that all permitees apply for permit coverage, even if the site had previously applied for coverage under the old permit. The revised permit outlines application deadlines for three types of applicants:


Existing Dischargers - in operation and previously permitted under the expired general permit.
Apply no later than October 1, 2011.

New Dischargers or New Sources - commencing after issuance of the new General Permit.
Apply a minimum of 30 days prior to commencing operation of the facility.

New Dischargers or New Sources - in operation prior to issuance of the new General Permit but not covered under the previous General Permit or another NPDES permit.
Apply immediately

To reduce the level of effort required for facilities to come into compliance with new permit requirements, Caltha LLP has prepared a SWPPP template based on Nebraska permit requirements, including Nebraska specific quarterly inspection checklist, quarterly visual assessment checklist, quarterly benchmark monitoring checklist, and an annual comprehensive site inspection checklist. Caltha has also prepared a Nebraska Stormwater Permit Compliance Plan to assist permitted facilities in organizing and planning new compliance requirements under the NDEQ general permit.

For further information on Caltha's Nebraska SWPPP Templates (or other State SWPPP templates), email: info@calthacompany.com

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

Draft Minnesota Permit for Small Municipal Separate Storm Sewer Systems MS4s

The Minnesota Pollution Control Agency (MPCA) has released a draft the National Pollutant Discharge Elimination System (NPDES) State Disposal System (SDS) General Permit (MNR040000) for discharges of stormwater associated with small Municipal Separate Storm Sewer Systems (MS4s). The permit applies to any small MS4 in the State of Minnesota that is located within the boundaries of a Federal Bureau of Census-delineated “urbanized area” based on the latest decennial census pursuant to 40 Code of Federal Regulations § 122.26 or an MS4 designated by the MPCA for permit coverage under Minnesota Rules Chapter 7090.

Approximately 235 MS4s will be subject to the reissued NPDES/SDS General Permit. The permit requires MS4s to develop and implement a Stormwater Management Plan (SWMP) that is designed to reduce the discharge of pollutants from their storm sewer system and to protect water quality. The SWMPs must include Best Management Practices (BMPs) for six minimum control measures that are set forth in the NPDES Program regulations 40 Code of Federal Regulations § 122.34 (a) and (b). NPDES/SDS General Permit for Small Municipal Separate Storm Sewer Systems (or MS4s)

The draft general permit that MPCA proposes to reissue includes several modifications from the existing general permit, which expires on May 31, 2011. The MPCA has modified the existing NPDES/SDS General Permit to meet federal and state requirements for impaired waters and to address several main issues the MPCA identified as needing revision and/or clarification. The draft permit includes revised requirements for MS4 mapping, illicit discharge detection and elimination, construction stormwater erosion and sediment control, and post-construction stormwater management. The draft permit also includes new requirements for impaired waters covered by an EPA approved Total Maximum Daily Load (TMDL).

There are four formal opportunities for public participation in the MPCA’s consideration of the permit reissuance. Interested persons may (1) submit written comments on the draft permit; (2) request that the MPCA hold a public informational meeting; (3) request that the MPCA hold a contested case hearing; and (4) submit a petition to the Commissioner requesting that the MPCA Citizens’ Board consider the permit matter. The public comment period begins May 31, 2011 and ends on July 15, 2011.

Caltha LLP provides expert consulting services to public and private sector clients in Minnesota and 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

FInal Wisconsin Tier 1 & Tier 2 Industrial General Permits

The Wisconsin Department of Natural Resources (WDNR) has released its final industrial stormwater general permits for Tier 1 and Tier 2 facilities. These permits cover stormwater discharges from certain types of industrial and “industrial-like” operations that are required to have a WPDES permit to discharge stormwater. The previous general permits expired in 2006.

You can review a Regulatory Briefing on either of the final permits using the following links:

Summary of Tier 1 Industrial Stormwater Discharge Permit
Summary of Tier 2 Industrial Stormwater Discharge Permit




The final permits are effective May 13, 2011; all facilities covered under the previous permit are now subject to the requirements of the new permit. Many of the proposed requirements are similar to the requirements in the existing permits. However, some key changes are related to meeting State antidegradation requirements for new or expanded discharges, and for discharges to impaired waters and to the Great Lakes drainage area.



Caltha LLP provides expert consulting services to public and private sector clients in Wisconsin and 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

Revised Nebraska Industrial MSGP Expected By July 1, 2011

The Nebraska Department of Environmental Quality (NDEQ) currently anticipates that the revised industrial stormwater discharge permit will be finalized in the near future, with an effective date of July 1, 2011. The draft permit was released in 2010, and public meetings and a public comment period was held in February 2011. NDEQ is currently revising the general permit based on public comment.

The revised Nebraska general permit is based to a large extent on the US EPA Multisector General Permit (MSGP), which was released in 2008. The revised permit will likely include significant changes to the compliance requirements for Nebraska industrial and "industrial-like" facilities. This includes periodic sampling of stormwater discharges and the requirement to meet effluent standards and/or stormwater benchmarks.

Caltha LLP provides expert consulting services to public and private sector clients in Nebraska and 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

Ohio Antidegradation Requirement Under Revised Industrial Permit

Antidegradation rules have been required since 1972, and set standards that need to be meet for New or Expanded discharges. These rules also establish additional evaluations, controls, and sometimes prohibit discharges to selected high value water bodies.

The Ohio EPA has recently proposed antidegradation requirements that will apply to industrial stormwater discharges under the State of Ohio Multisector general permit (MSGP) for industrial stormwater. In order to comply with the Ohio Antidegradation Rules, facilities that were not authorized to discharge storm water by an NPDES industrial storm water general permit prior to February 11, 1996 are not eligible for coverage under the revised general permit if the site discharges to outstanding state waters, superior high quality waters or outstanding national resource waters, other than Lake Erie, as defined by and identified in rule 3745-1-05 of the Ohio Administrative Code, or direct tributaries to these waters within 1 mile of these waters.

Facilities excluded from coverage under the revised general permit will need to permit stormwater discharges by other means, and will need to meet antidegradation requirements.

[Read summary of OEPA general permit]

Caltha LLP provides expert consulting services to public and private sector clients in Ohio and 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

NDEQ Industrial Storm Water General Permit Application Deadlines

The Nebaska Department of Environmental Quality (NDEQ) has propsed a new industrial discharge general permit "National Pollutant Discharge Elimination System (NPDES) General NPDES Permit Number NER900000 for Storm Water Discharges From Industrial Activity to Waters of the State of Nebraska". The draft permit outlines application deadlines for three types of applicants:


Existing Dischargers - in operation and previously permitted under the expired general permit.
Apply no later than October 1, 2011.

New Dischargers or New Sources - commencing after issuance of the new General Permit.
Apply a minimum of 30 days prior to commencing operation of the facility.

New Dischargers or New Sources - in operation prior to issuance of the new General Permit but not covered under the previous General Permit or another NPDES permit.
Apply immediately

To reduce the level of effort required for facilities to come into compliance with new permit requirements, Caltha LLP has prepared a SWPPP template based on Nebraska permit requirements, including Nebraska specific quarterly inspection checklist, quarterly visual assessment checklist, quarterly benchmark monitoring checklist, and an annual comprehensive site inspection checklist. Caltha has also prepared a Nebraska Stormwater Permit Compliance Plan to assist permitted facilities in organizing and planning new compliance requirements under the NDEQ general permit.

For further information on Caltha's Nebraska SWPPP Templates (or other State SWPPP templates), email: info@calthacompany.com

Caltha LLP provides expert consulting services to public and private sector clients in Nebraska and 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

Deadline For Connecticut Stormwater Permit Registration Is June 1

The Connecticut Department of Environmental Protection (DEP) revised “General Permit for the Discharge of Stormwater Associated with Industrial Activity” becomes effective on October 1, 2011. The permit requires that facilities subject to the permit register with CTDEP either 60 or 90 days prior to this effective date. Therefore, for some facilities located in Connecticut, registration will need to be submitted before June 1, 2011. For a leased facility or activity, the operator is responsible for submitting the registration. The registrant is responsible for compliance with all conditions of the permit.

The deadline for submitting the registration form will be determined in part on whether or not the facility makes available an electronic copy of their stormwater pollution prevention plan (SWPPP). Registrants will be asked to provide an internet address (URL) where their SWPPP can be accessible for public review. The registrant can claims that certain elements of their SWPPP constitute a trade secret or are otherwise exempt from the disclosure requirements of the state Freedom of Information Act (FOIA).

Caltha has prepared a SWPPP Template to meet the requirements of the new DEP storm water permit. For more information on the Connecticut SWPPP Template and Compliance Plan, email Caltha at info@calthacompany.com


Caltha LLP provides expert consulting services to public and private sector clients in Connecticut and 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

Ohio SWPPP Template, Inspection Checklists and Compliance Plan

The Ohio Environmental Protection Agency (OEPA) has proposed a revised General Permit for Storm Water Discharges Associated with Industrial Activity (Multi-Sector General Permit, or MSGP. This permit will replace the existing Ohio general permit, which expires on May 31, 2011. The draft Ohio general permit is modeled after the US EPA MSGP and defines sector specific requirements for each of 29 different industrial sectors. For most facilities subject to the existing general permit, the revised MSGP will require a significant revision to the facility stormwater pollution prevention plan, or SWPPP.


[read a Regualtory Briefing on the revised Ohio MSGP]


To reduce the level of effort required for facilities to come into compliance with new permit requirements, Caltha LLP has prepared a SWPPP template based on Ohio permit requirements, including Ohio specific quarterly inspection checklist, quarterly visual assessment checklist, quarterly benchmark monitoring checklist, and an annual comprehensive site inspection checklist. Caltha has also prepared a Ohio Stormwater Permit Compliance Plan to assist permitted facilities in organizing and planning new compliance requirements under the OEPA general permit.


For further information on Caltha's Ohio SWPPP Templates (or other State SWPPP templates), email: info@calthacompany.com



Caltha LLP provides expert consulting services to public and private sector clients in Ohio and 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

Determining Benchmark Concentrations For Metals Under Draft Ohio MSGP

The Ohio Environmental Protection Agency (OEPA) has released its draft Multi-sector General Permit (MSGP) which, once finalized, will replace the existing industrial stormwater discharge general permit, which will expire on May 31, 2011. The draft MSGP is modeled after the US EPA MSGP, released in 2008, and is significantly different compared to the existing Ohio permit.

One of the key changes is the requirement for most permitted facilities to conduct benchmark monitoring of their industrial storm water discharge. Results are compared to a list of sector-specific benchmark concentrations to determine if improvements to the stormwater pollution prevention program are needed, and whether or not further benchmark monitoring is needed.

The benchmark concentrations for each sector are listed in the permit, with several important exceptions. These are benchmarks for seven metals:

• Beryllium



• Cadmium



• Copper



• Lead



• Nickel



• Silver



• Zinc
  

The benchmarks for these chemicals must be calculated for each individual facility based on the hardness of the receiving water, which each facility must determine. This will require individual facilities or groups of facilities to collect additional samples and do additional testing prior to starting their benchmark monitoring program.

The necessity to determine site-specific stormwater benchmarks only affects certain Ohio discharges, includes some or all facilities in fall into ten of the industrial sectors:

Sector A – Timber Products
Sector C – Chemical and Allied Products Manufacturing, and Refining
Sector F – Primary Metals
Sector G – Metal Mining
Sector K – Hazardous Waste Treatment, Storage, or Disposal Facilities
Sector M – Automobile Salvage Yards
Sector N – Scrap Recycling and Waste Recycling Facilities
Sector Q – Water Transportation Facilities
Sector Y – Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
Sector AA – Fabricated Metal Products

Caltha LLP provides expert consulting services to public and private sector clients in Ohio and nationwide to address stormwater permitting & regulatory support, including determination of stormwater benchmarks for water hardness dependant metals, development of Stormwater Pollution Prevention Plans (SWPPP) using a SWPPP template prepared to meet the new permit requirements, stormwater monitoring and stormwater training.

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

EPA Proposed Storm Water Discharge Permit For Construction Sites

U.S. Environmental Protection Agency (EPA) is asking for public comment its draft permit regulating the discharge of stormwater from construction sites. The proposed Construction General Permit (CGP) includes a number of new requirements on owners and operators of construction sites, including new provisions to protect impaired and sensitive waters. The current permit is scheduled to expire on June 30, 2011; however, EPA is proposing to extend the current permit until January 31, 2012 to provide sufficient time to finalize the new permit.

Some of the significant proposed permit modifications include new requirements for:

• Eligibility for emergency-related construction


• Required use of the electronic notice of intent (NOI)process


• Sediment and erosion controls


• Natural buffers or alternative controls


• Soil stabilization


• Pollution prevention


• Site inspections


• Stormwater Pollution Prevention Plans (SWPPP)


• Permit termination (NOT)

Many of the new permit requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industry that became effective on February 1, 2010. These requirements include a number of erosion and sediment controls and pollution prevention measures that apply to all permitted construction sites.

The permit will be effective in areas where EPA is the permitting authority, including four states (Idaho, Massachusetts, New Hampshire and New Mexico); Washington, D.C.; most territories; and most Indian country lands. However, in practice, EPA general permits are used by authorized States as a template for revised State general NPDES permits, and therefore, conditions of the EPA permit will likely be reflected in State permits in the future.

The public will have 60 days to comment on the draft permit. EPA anticipates that it will issue the final construction general permit by January 31, 2012.

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

Draft Ohio Industrial Permit, Stormwater Monitoring and Effect of Hardness on Benchmarks

The proposed stormwater monitoring requirements in the proposed General Permit for Storm Water Discharges Associated with Industrial Activity (Multi-Sector General Permit, or MSGP) include both effluent monitoring requirements for some facilities and benchmark monitoring requirements for most permitted facilities in Ohio. Consistent with the US EPA MSGP, the OEPA draft permit contains numeric effluent limitations based on Effluent Limitations Guidelines for Sectors A, C, D, E, J and O. [more information on difference between effluent limitations and benchmark concentrations]

The Ohio MSGP requires benchmark monitoring, specific for each industrial sector, for pollutant parameters which US EPA has determined to be of concern by industrial sector. The draft Ohio general permit requires that 19 of the 29 industrial sectors perform benchmark analytical monitoring. The benchmark monitoring requirements are not effluent limitations. Benchmark values represent a level to determine whether a facility’s SWP3 is effective.

The benchmark monitoring is based on a collection of 4 quarterly samples. If the average of the 4 monitoring values for any parameter does not exceed the benchmark value, the permittee has fulfilled their monitoring requirements for that parameter for the permit term. If this average exceeds the benchmark for a parameter, then the permittee will need to review their SWP3 and control measures and modify accordingly. Additional monitoring would be required. The US EPA MSGP’s primary source of benchmark concentrations is derived from EPA’s National Water Quality Criteria. For a majority of the benchmarks, USEPA used the acute aquatic life, fresh water ambient water quality criteria. USEPA believes these acute freshwater values best represent the highest concentrations at which typical fresh water species can survive exposures of pollutants for short durations, such as a storm discharge event.

[read recent comparison of benchmark concentrations to typical industrial sector monitoring data]

Ohio EPA evaluated each benchmark monitoring parameter and followed US EPA’s methodology, but used Ohio Water Quality Criteria when available. As such, some US EPA benchmark values have been changed to be consistent with Ohio Water Quality Criteria. The benchmark values of some metals are dependent on water hardness. For these parameters, permittees will need to determine the hardness of the receiving water to determine the benchmark concentration that applies to their facility. Depending on the condition of the receiving water, benchmark values for heavy metals can vary widely between facilities.

[read of summary of the revised OEPA genernal stormwater discharge permit]

Caltha LLP provides expert consulting services to public and private sector clients in Ohio & nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWP3), Stormwater Monitoring (including determination of the effects of receiving water hardness on benchmark concentrations), and Stormwater Training.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

SPCC Rule Exemption For Milk and Milk Product Containers

The U.S. Environmental Protection Agency (EPA) has exempted milk and milk product containers from the Oil Spill Prevention, Control and Countermeasure (SPCC) rule, potentially saving the milk and dairy industries more than $140 million per year. Based on input from the milk industry, EPA had previously delayed SPCC compliance requirements for milk and milk product containers until the mandated regulatory process could be completed. In January 2009, EPA proposed the rule to exempt milk containers from the SPCC rule.

The SPCC regulations require facilities with the capacity to store more than the threshold quantity of oils and fats to create and implement plans to prepare, prevent and respond to spills. The current exemption for milk does not apply to fuel oil and other applicable oils stored on farms; farms that store above the regulatory threshold of fuel oil and other applicable oils are covered under the SPCC.
Caltha LLP provides expert consulting services to public and private sector clients nationwide to address preparation and certification of SPCC Plans, Stormwater Pollution Prevention Plans (SWPPP), SPCC inspection programs and SPCC Training.


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Louisana DEQ Grant To Implement Storm Water Pollution Prevention Programs

The State of Louisiana will receive a grant of $2,262,000 to address sources of storm water pollution in the state. The U.S. Environmental Protection Agency (EPA) awarded the grant to the Louisiana Department of Environmental Quality (LDEQ) to prevent storm water runoff or rainfall water pollution. The project will enable Louisiana to meet the goals of the Clean Water Act by implementing the Nonpoint Source Management Plan.

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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Applying for New Texas TPDES Multi Sector General Permit

The TCEQ is proposing to issue the new TPDES Multi Sector General Permit (MSGP) in July 2011 with the effective date of August 14, 2011. The TCEQ plans to send renewal notification letters to inform current permittees that facilities who want to renew permit coverage have until November 21, 2011 to submit the required application form (NOI or NEC). Current permittees who do not want to renew coverage must submit an NOT before September 1, 2011, to avoid the $200 annual water quality fee.

According to TCEQ, renewal application forms will not be available nor accepted before the permit effective date of August 14, 2011. If an operator submits an NOI or an NEC before the effective date of the permit, a new authorization under the existing permit will be processed.

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

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Proposed Texas Multi Sector General Permit For Industrial Storm Water Discharge

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP) TXR050000, issued August 14, 2006, which authorizes the discharge of storm water associated with industrial activity. The draft MSGP specifies which facilities must obtain permit coverage, which are eligible for exclusion from permit requirements, which may be automatically authorized, and which may be required to obtain individual permit coverage.

Some of the key changes to the existing MSGP include:

• Added a section to the general permit stating that certain types facilities are covered under the general permit without submitting an NOI, nor having to implement a SWP3 according to the requirements of the general permit, provided that certain specific permit conditions are met
• A new option for transportation facilities (land transportation and warehousing, water transportation, and air transportation) to include storm water discharges from material handling and storage areas in their MSGP authorization.
• Authorization for contaminated storm water discharges from active landfill cells described by industrial activity codes HZ (hazardous waste treatment, storage, and disposal) and LF (landfills and land application sites) that are subject to 40 CFR Part 445, Subparts A and B.
• Changes to requirements for paper application forms, and increased the application fee by $100.00 for operators submitting a paper NOI or NEC form.
• Changes to benchmark sampling, including:
  1. Revised benchmark levels based on data that was submitted during calendar years 2007 and 2008.
  2. Added benchmark sampling requirements in Sector AD (Miscellaneous Industrial Activities) for pollutants commonly regulated in individual storm water permits: pH, COD, TSS, and oil and grease.
  3. Added a waiver option for benchmark sampling during Years 3 and 4, if sampling during Years 1 and 2 demonstrates that the annual average result for all benchmark parameters is below the benchmark level for the regulated sector.
  4. Revised reporting requirements so that Years 1 and 2 data would be submitted to TCEQ and Years 3 and 4, if collected, would be retained on site, except that any annual average result exceeding a benchmark level must be submitted to the TCEQ.
• Revision of permit language regarding “representative storm event” changed to “qualifying storm event,” to clarify that a precipitation event is considered representative (or qualifying) based on the fact that it produces a discharge, rather than based on the measured amount of precipitation (i.e., previously, a representative storm event would include at least 0.1 inch of measured precipitation).
• Additional revisions within several specific industries in Part V of the draft MSGP, including:
  1. Removed effluent limits for runoff from coal piles that are not associated with a steam electric power generating facility.
  2. Added or revised industry-specific requirements for most industrial sectors to be consistent with EPA’s 2008 MSGP.
• Revised the section “Impaired Water Bodies and Total Maximum Daily Load Requirements” to address new and existing discharges to impaired water bodies listed in accordance with Section 303(d)(1) of the federal Clean Water Act.
  

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

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Storm Resistant Shelter Requirement Under TCEQ Proposed No Exposure Exemption

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP) One of the key changes under the proposed MGSP will be the requirements to meet the No Exposure Exemption.

Facilities regulated under the MSGP may be excluded from permit requirements if there is no exposure of industrial materials or activities to precipitation or runoff. To qualify for this conditional exclusion from permit requirements, the operator of the facility must certify that industrial activities and materials are isolated from precipitation and runoff by storm resistant shelter (there are certain exceptions to the requirement for a storm resistant shelters). The certification must be submitted to the TCEQ on a No Exposure Certification (NEC) form, or other approved form.

Storm-resistant shelters include buildings or structures that have complete roofs and walls, as well as structures with only a top cover but no side coverings, as long as the materials or activities under the structure are not otherwise subject to any run-on and subsequent runoff of storm water, or mobilization by wind.

Facilities operating under a conditional no-exposure exclusion are subject to inspection by TCEQ to determine compliance with the exclusion. In addition, operators of facilities that qualify for this exclusion and that discharge storm water to a municipal separate storm sewer system (MS4) must provide a copy of their NEC form to the MS4 operator, even if not required by the MS4.

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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Qualified SWPPP Developer & Qualified SWPPP Practitioner Requirements Under Draft California Permit

UPDATE: On July 16, 2012, an updated draft was released. Click here for a summary of the revised draft ICP

On January 28, 2011, the California State Water Resources Control Board released its draft General Permit for stormwater discharges associated with industrial activities. The draft NPDES permit proposes several changes from the existing California General Permit.

One of the important changes will be especially significant for facilities that have in the past prepared their own stormwater pollution prevention plan (SWPPP). Under the proposed permit, all dischargers will need to appoint a Qualified SWPPP Developer (QSD) to prepare, write, and make any revisions to the SWPPP, and appoint a Qualified SWPPP Practitioner (QSP) to help implement the SWPPP.

The minimum requirements to become a certified Qualified SWPPP Developer includes have one of the following registrations for certifications, and appropriate experience, as required for:

• California registered professional civil engineer;
• California registered professional geologist or engineering geologist;
• California registered landscape architect;
• Professional hydrologist registered through the American Institute of Hydrology;

In addition, the QSD must successfully complete the State Water Board-sponsored or approved QSD training course within one year after the effective date of this General Permit.

Unless a facility has a registered engineer, geologist, landscape artitict, or professional hydrologist on staff, facilities subject to the permit will need to contract outside professional services to prepare, certify and update the SWPPP.

The minimum requirement to become a certified Qualified SWPPP Practitioner is to successfully complete the State Water Board-sponsored or approved QSP training course within one year from the effective date of the General Permit.
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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Numeric Action Levels, Numeric Effluent Limits, and Corrective Action Triggers In California Draft Permit

UPDATE: On July 16, 2012, an updated draft was released. Click here for a summary of the revised draft ICP

On January 28, 2011, the California State Water Resources Control Board proposed a draft industrial stormwater discharge general permit. The draft General Permit amends a number of the existing requirements for permitted facilities and adds some new requirements.

One of the more significant changes to the California General NPDES Permit is the incorporation of quantitative Action Levels and Effluent Limits which could apply to any discharger:


Numeric Action Levels (NALs) are derived from the US EPA Multi-Sector General Permit’s benchmarks, and are used as numeric thresholds for corrective action. Exceedances of an NAL are not a violation of the permit; however, exceedance of specific NAL Corrective Action Triggers requires the facility to enter into Level 1 Corrective Action.

[More information on US EPA benchmarks, and comparison to historic industrial sector monitoring results]


Numeric Effluent Limits (NELs) are could also apply to any facility. Dischargers in Corrective Action Level 3 (see below) are subject to a numeric effluent limitation (NEL) that will be the same value as the applicable pollutant NAL. A daily average exceedance of the NEL is a violation of the General Permit and may subject the discharger to mandatory minimum penalties.

NAL Corrective Action Triggers are defined in the draft general permit as follows:
1. The Daily Average (DA) for any one constituent exceeds the NAL value for two or more storm events of a reporting year, or;
2. The DA for any two constituents exceed the NAL values for any single storm event within a reporting year, or;
3. The concentration for any one constituent exceeds 2.5 times the NAL value for any one individual or allowable combined sample (or is more than one pH unit outside the NAL pH range)

In the event that any of the NAL Corrective Action Triggers are met, the facility will need to complete Level 1 Corrective Actions. The need to do further corrective actions will depend on subsequent monitoring results.


Level 1 - Operational Source Control Corrective ActionsUpon the first occurrence meeting any of the NAL corrective action triggers, the discharger will be required to valuate areas of the facility to identify where additional operational source control BMPs and/or SWPPP implementation measures are necessary to prevent or reduce pollutants in storm water discharges in compliance with BAT/BCT. Based upon the facility evaluation, the facility will certify that the pollutant source(s) have been identified and 1) additional operational source control BMPs and/or SWPPP implementation measures have been included in the SWPPP , 2) no additional operational source control BMPs or SWPPP implementation measures are required , or 3) pollutant source(s) causing the exceedance are not related to the facility’s industrial activities. A Level 1 NAL Exceedance Evaluation Report will need to be prepared and submitted.
Level 2 Structural and/or Treatment Corrective ActionsIf in any subsequent reporting year the sampling results meet an NAL corrective action trigger, the discharger is require to take addition action. If the NAL corrective action trigger is for a constituent that had not been included in a previous Level 1 NAL Exceedance Evaluation Report, the discharger go through Level 1 Corrective Actions.
If the NAL corrective action trigger is for one or more of the constituents previously addressed in a Level 1 NAL Exceedance Evaluation Report, the discharger would need to evaluate and select additional structural source control BMPs and/or treatment BMPs with the goal of achieving the applicable NAL value(s) in future discharges. A Level 2 NAL Exceedance Evaluation Report will need to be prepared and submitted and more frequent monitoring is required.
Level 3 Imposition of Numeric Effluent LimitsIf in any subsequent reporting year the sampling results meet an NAL corrective action trigger for the same constituents subject to the Level 2 corrective actions, the discharger shall the applicable NAL(s) will become an NEL(s), and starting October 1 of the following compliance year, the discharger will be required to sample every qualifying storm event.

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.comorCaltha LLP Website