Revised New York General Industrial Storm Water Permit

The New York State Department of Environmental Conservation (NYSDEC) has proposed to issue SPDES Multi Sector General Permit for Stormwater Discharges from Industrial Activity (GP-0-12-001). The current Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-06-002) will expire on March 27, 2012. An interim permit (GP-0-11-009) will take effect on March 28, 2012 and will expire on September 30, 2012. Once finalized, this draft permit will replace the interim permit.

There are several major changes in this permit compared to the previous permit. The following summarizes some of the changes contained within the proposed Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-12-001)

• SWPPP Development/BMP considerations. The permit includes in various places, updated lists of BMP options that, along with any functional equivalents, shall be considered for implementation. At a minimum, the owner or operator must evaluate the applicability of the BMPs. If the owner or operator concludes that any of the BMPs are not appropriate for the facility, a written explanation of why they are not appropriate must be included in the Stormwater Pollution Prevent Plan required by the permit.
• Benchmark Monitoring & Numeric Effluent Limits – The draft permit proposes additional monitoring if Benchmarks or Numeric Limits are exceeded. The intent of this additional sampling is to document that the corrective actions taken in response to the exceedance were effective in reducing the pollutant discharge levels. The increased sampling puts the responsibility on the owner/operator to demonstrate that their actions were effective.
• Mercury. The Benchmark Monitoring Requirements for Mercury have been revised and USEPA Method 1631 has been specified for analyses of stormwater discharges associated with Sectors G, K and N. This is consistent with DEC Program Policy – DOW – 1.3.10 – Mercury – SPDES Permitting, Multiple Discharge Variance and Water Quality Monitoring. This policy states that the MSGP procedures require updating to improve water quality protection.
• Benchmark Monitoring Cutoff Concentrations. Lower benchmarks were incorporated in the Sector Specific requirements to reflect benchmarks in EPA’s 2008 MSGP.
• Stand Alone SWPPP for Construction Activities at Mines and Landfills. Construction of new mines, access roads and other impervious surfaces and construction of new landfills or expansion cells that have the potential to discharge to surface waters can be covered by the MSGP permit provided that a Stand Alone Construction SWPPP is developed that meets the requirements in Part IX which specifies construction, erosion and sediment control and post construction control, and inspection requirements. Only activities that comply with the technical standards, defined as the New York State Stormwater Management Design Manual, August 2010 and New York State Standards & Specifications for Erosion & Sediment Control, 2005 can be authorized by the MSGP. Any project that proposes to deviate must obtain coverage under the SPDES General Permit for Stormwater from Construction Activities or other SPDES permit.
• Reference to “permittee” was changed to “owner/operator” throughout the permit. This change is intended to reflect the fact that the owner obtains coverage under an issued permit rather than having a permit issued to them individually. Definition of owner or operator from 6NYCRR Part 750-1.2 has been added to the definitions.
• Forms. Many forms that were part of the permit are now being referenced in this draft permit. This change provides the Department greater flexibility in making changes to those forms without permit modification and the workload associated with the public notice process

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Revised Small MS4 General Permit Released By MPCA

The Minnesota Pollution Control Agency (MPCA) intends to issue 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). MPCA will host a public information meeting to discuss the draft MS4 General Permit on June 21, 2012, at the MPCA St. Paul office. MPCA also intends to establish an e-mail list for the purpose of providing notification to persons interested in receiving notice of the public notice dates for the Stormwater Pollution Prevention Program (SWPPP) documents submitted pursuant to the MS4 General Permit. The draft permit is open for public comment from May 21 - July 23, 2012. The MPCA is requesting written comments on the draft permit.
This MS4 General Permit was issued first in 2006 to address new federal Phase II National Pollutant Discharge Elimination System (NPDES) stormwater regulations for small MS4s. These federal rules identified an iterative process for improved stormwater management where MS4 programs are strengthened with each five year permit cycle. This current permit reissuance effort shifts from the initial focus on permit program development to measuring program implementation. The next MS4 General Permit reissuance in 2017 will need to comply with the new federal NPDES stormwater rules expected to be final in December 2012.

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Reissued Kansas KDHE Construction Discharge Permit

The Kansas Department of Health & Environment (KDHE) reissued the Kansas General Permit for Stormwater Runoff Associated with Construction Activities on March 2, 2012 with various modifications. The new permit expires March 1, 2017 and replaces the current general permit for stormwater discharges from construction activities which remained in effect through March 1, 2012. Projects authorized prior to March 2, 2012 may operate under the previous general permit for 18 months, ending September 1, 2013. If these projects are not terminated by September 1, 2013, they must meet the requirements of the new general permit. Coverage continues from the date of authorization until the site is stabilized and the construction stormwater discharge Notice of Termination (NOT) is accepted by KDHE or the permit is revoked/terminated for cause by KDHE.

Owners or operators of any project or combination of projects who engage in construction activities which will disturb one (1) or more acres must have authorization to discharge stormwater under the Stormwater Runoff from Construction Activities General Permit S-MCST-0312-1. Construction activities consist of any activity (e.g. clearing, grubbing, excavating, and grading) which disturb a cumulative total of one or more acres or when the site is a part of a larger common plan of development or sale which will disturb a cumulative total of one or more acres.

Owners or operators of construction activities which disturb less than one acre and which are not part of larger common plan of development or sale, must have authorization to discharge stormwater runoff from construction activities under this NPDES general permit when KDHE notifies the owner or operator that the water quality impact from discharge of stormwater runoff from construction activity warrants consideration because the proposed construction activities constitute a significant pollution potential.

Major modifications in the reissued permit include:

• the addition of EPA’s Construction and Development effluent guideline standard (40 CFR 450),
• procedures for construction activities undertaken to avoid imminent endangerment to the public health or environment in response to a public emergency,
• additional best management practices for steep slopes,
• revision to the Sediment Basin Design Criteria to allow easier alternative basin detention size calculation for areas where large off-site areas drain to the basin or for areas of Western Kansas where the 2-year, 30-minute rain event is less than 1.3 inches, and
• various wording changes to clarify permit requirements.

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

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Draft Small MS4 General Permits For New Hampshire and Massachusetts

EPA has issued three separate draft Small MS4 General Permits for the operators located in the state of New Hampshire and various watersheds in Massachusetts. The most recent schedules for each of the 2012 Permits for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) in New Hampshire and Massachusetts are:

• State of New Hampshire: EPA has revised its 2008 Draft New Hampshire Small MS4 Permit and will issue it as a new draft permit for public comment in the spring of 2012. Issuance of a final permit anticipated for spring 2012 will therefore be delayed until late 2012 or early 2013 to allow for the public to comment on the draft permit and for EPA to respond to those comments. A Notice of Availability for the new draft New Hampshire Small MS4 general permit will be published in the Federal Register as well as information about any scheduled public meetings or hearings.
• North Coastal Watershed: The 2010 Draft Massachusetts North Coastal Small MS4 General Permit is available on EPA's "Draft Massachusetts North Coastal Small MS4 General Permit" webpage. The Draft Massachusetts North Coastal Small MS4 General Permit was published in the Federal Register and was available for public comment on February 4, 2010. EPA held a public hearing for the draft permit on March 18, 2010 and the public comment period ended March 31, 2010. EPA anticipates a Final Massachusetts North Coastal Small MS4 General Permit in the summer of 2012.
• Interstate, Merrimack and South Coastal Watersheds (IMS): The 2010 Draft Massachusetts Interstate, Merrimack and South Coastal Watersheds Small MS4 General Permit is available on EPA's "Draft Massachusetts Interstate, Merrimack and South Coastal Small MS4 General Permit" webpage and is accessible through EPA 1's NPDES Storm Water Permit Program webpage. The Draft Massachusetts Interstate, Merrimack and South Coastal Watersheds Small MS4 General Permit was published in the Federal Register and was available for public comment on February 15, 2011. EPA held a public meeting for the draft permit on March 9, 2011 and the public comment period ended March 11, 2011. EPA anticipates a Final IMS Small MS4 General Permit in the fall of 2012.
• Massachusetts Department of Transportation (MassDOT): EPA anticipates issuing a separate individual small MS4 Permit for MassDOT with a draft available in the summer of 2012.

The effective date of each final general permit will be no sooner than the date the final permit is signed and made publicly available. To obtain coverage, operators will be required to submit a new Notice of Intent (NOI) for the permit for which they are eligible. EPA anticipates that NOIs will be due 90 days after the effective date of each final permit.

The new draft Small MS4 General Permits released to date include the same six minimum control measures as the 2003 MS4 General Permit in addition to provisions to protect water quality standards. To improve the effectiveness of stormwater management programs and reduce the adverse effects of stormwater runoff on receiving waters, these draft permits include:

1. enhanced illicit discharge detection and elimination (IDDE) requirements to identify, isolate and remove sanitary and other wastes from the stormwater system;
2. water quality monitoring of stormwater discharges;
3. encouragement of low impact development and green infrastructure techniques; and
4. requirements designed to implement approved total maximum daily load (TMDL) waste load allocations (WLAs).

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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Reissue of Washington MS4 Stormwater Permits

In June 2012, the Washington State Department of Ecology (Ecology) is preparing to reissue three general National Pollutant Discharge Elimination System (NPDES) municipal (also known as MS4) stormwater permits:

• Phase I Municipal Stormwater General Permit (Phase I permit).
• Phase II Western Washington Municipal Stormwater General Permit (Phase II WWA permit)
• Phase II Eastern Washington Municipal Stormwater General Permit (Phase II EWA permit).

For the past three years, Washington State Department of Ecology (Ecology) has been working with interested parties and advisory groups in Western Washington to develop permit requirements. Ecology developed and managed advisory groups for input on monitoring and low impact development requirements. During 2011, Ecology held meetings with permittees and interested parties in Eastern Washington to discuss changes to the Eastern Washington permit 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.
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Changes To Requirements For Logging Roads Proposed

In a May 23 Notice of Intent (NOI), EPA published its intend to propose revisions to stormwater regulations for logging roads. Under the proposal, storm water discharges from logging roads are not discharges "associated with industrial activity," meaning a National Pollutant Discharge Elimination System (NPDES) permit is not required for such discharges. EPA issued the NOI is in response to a ruling by the Ninth Circuit Court of Appeals, which found that certain logging roads are stormwater point sources “associated with industrial activity.”

EPA is also seeking comments on water quality impacts associated with discharges of stormwater from forest roads. EPA says that where best management practices are used, waters that receive runoff from forest roads can be protected. However, if not properly managed, stormwater discharges from some forest roads can cause preventable impairments to water quality. EPA plans to study the water quality impacts of forest roads along with existing federal, state, tribal, and voluntary programs designed to address them to determine if additional action is necessary.

EPA believes that stormwater discharges from forest roads should be evaluated under section 402(p)(6) of the Clean Water Act because the section allows for a broad range of flexible approaches that are well-suited to address the complexity of forest road ownership, management, and use. The section allows EPA to consider a range of regulatory and nonregulatory approaches and determine which forest road discharges (if any) should be regulated under the CWA.

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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Stormwater Best Management Practices For Marinas

U.S. Environmental Protection Agency Region 2 is recommending that New York State marinas take steps to prevent the pollution of local waterways, including best environmental practices for reducing pollution from boat washing and other maintenance activities that can degrade water quality. These practices are included in a manual created by the EPA with assistance from the New York State Department of Environmental Conservation. It has been provided to over 500 marina operators throughout New York State and provides recommendations on ways marina owners and operators can reduce pollution through more efficient use of materials, energy and land. 
According to EPA and DEC, cleaning products and toxic chemicals used in boat maintenance can pollute waterways when they are washed into the water when it rains. The effect of runoff from a single boat or marina on a water body may seem insignificant, but when multiplied, it can degrade water quality. Because marinas are located at the water’s edge, the water is affected by maintenance practices and pollution that flows into the water from surrounding areas.

Key recommendations for preventing water pollution from boat operations and maintenance:

• Regularly inspect above-ground fuel storage tanks and associated piping for leaks, and ensure that these tanks have secondary containment areas to contain spills.
• Store spill containment and control materials in a clearly marked and easily accessible location attached or adjacent to the fuel dock. Keep oil absorbent pads and pillows available at the fuel dock for staff and customers to mop up drips and small spills.
• Avoid underwater boat bottom cleaning or hull scraping to remove antifouling paint from boat hulls.
• Make every attempt to collect wash water, treat it and either dispose of it at a sewage treatment plant or recycle it.
• Perform as much boat repair and maintenance as practicable inside work buildings. Where an inside workspace is not available, perform abrasive blasting and sanding within spray booths or tarp enclosures.
• Use cleaning products that are less toxic and contain lower concentrations of volatile organic compounds, ozone depleting chemicals and toxic materials. Always clean with water and a coarse cloth first.
• Permanently seal floor drains in maintenance areas with concrete if they do not connect to a sewer or holding tank. Sweep or vacuum floors often and immediately before floor washing.
• Use propylene glycol antifreeze (usually pink), which is less toxic than ethylene glycol (usually green) to winterize all systems except “closed” or freshwater cooling systems.
• Minimize impervious areas on the marina site by paving only where absolutely necessary. Plant a vegetated filter strip or buffer between impervious areas and the marina basin.

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