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.


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

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.

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