Revised New York Industrial Permit Changes Compliance Requirements

New York State Department of Environmental Conservation  has finalized the SPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activity (MSGP), GP-17-004. The final MSGP was effective on March 1, 2018 and will expire on February 28, 2023. The final MSGP includes both technology and water quality based requirements:

1. A technology based requirement is a minimum level of treatment for industrial point sources based on currently available treatment technologies and/or Best Management Practices (BMPs).
2. Water quality based requirements apply if after application of technology based requirements there remains a reasonable potential for contravention of water quality standards at the receiving water.

 
 Non-Stormwater Discharge At Industrial Facility  

 Some of the key changes in the revised permit include:

• Non-numeric Effluent Limits. The final MSGP contains updated non-numeric effluent limits to align with EPA’s final 2015 MSGP. The updated non-numeric effluent limits include requirements for minimizing exposure, good housekeeping, maintenance, spill prevention and response procedures, and employee training. The associated SWPPP documentation requirements have also been updated to reflect the changes in the permit and will document owner or operator compliance with the nonnumeric effluent limits. 
• Changes to Sector S (Air Transportation) The final MSGP includes the Airport Deicing Effluent Guidelines promulgated by EPA in 2012 (40 CFR Part 449) and EPA’s final 2015 MSGP for this sector. These updated conditions in the final MSGP include numeric effluent limits and monitoring, reporting and recordkeeping requirements outlined in 40 CFR 449.20. 
• Semi-Annual Monitoring and Discharge Monitoring Reports (DMRs) The final MSGP increases the frequency for Benchmark and Numeric Effluent Limit monitoring and reporting from once per year to twice per year. With these changes, a separate submission of a Corrective Action Form will no longer be necessary to report results of follow-up benchmark monitoring as the semi-annual DMR data will allow the Department to track the effectiveness of any corrective actions. If there is an exceedance reported on a semi-annual DMR, the subsequent semi-annual DMR will show if the pollutant of concern has been abated to levels that are below the specified permit numeric effluent limits or benchmarks. In addition, the final MSGP requires that the Annual Certification Report (ACR) be submitted by January 28 of each year. The ACR includes a description of the exceedance, corrective measures and long-term preventative actions taken. 
• Electronic reporting The final MSGP requires electronic reporting of DMRs through EPA's electronic reporting system, NetDMR. This change is required by EPA’s E-reporting rule (Federal Register, Vol. 80, No. 204 (October 22, 2015)). The final MSGP allows the use of electronic filing of the Notice of Intent (NOI) and the Annual Certification Report (ACR). Paper submission of these reports (other than DMRs) will continue to be an option until December 21, 2020 when that portion of EPA’s E-reporting rule becomes effective in the final MSGP. 
• Removal of Sectors AD and AE from the Permit The final MSGP removes Sectors AD and AE. These sectors were included in GP-0- 12-001 and reserved for industrial facilities whose activities were not specifically listed in 40 CFR 122.26 but where the Department determined it appropriate for permit coverage due to site-specific circumstances. Removal of Sectors AD and AE from the final MSGP will require those facilities designated by the Department as needing permit coverage to obtain an individual permit, where appropriate. 
• New BMP Considerations in Specific Sectors: 
• No Exposure of Copper The final MSGP adds a non-numeric effluent limit for no exposure of copper in Sectors A, F, G, N, and AC. The owner or operator of a facility subject to any of these sectors that discharges to a copper impaired waterbody shall implement BMPs to prevent the exposure of copper sources and copper containing materials or processes to stormwater. These materials need to be protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. 
• Mercury Spill Kits The final MSGP includes BMPs to stock and use mercury spill kits for Sector M - Automobile Salvage Yards and Sector N - Scrap Recycling and Waste Recycling Facilities. This addition is necessary for this sector where there is a mercury effluent limit in light of the Department’s updated policy on mercury (TOGS 1.3.10, revised October 2015). 
• Good Housekeeping in Sector O The final MSGP adds Good housekeeping measures for Chemical Loading and Unloading Areas in Sector O to more closely align with EPA’s 2015 MSGP. 
• Monitoring Waivers: 
• Representative Outfall Waiver The final MSGP clarifies the corrective action process to align with the new semiannual monitoring requirements and ensure inclusion of representative outfalls. When corrective actions are triggered due to monitoring exceedances at an outfall, the representative outfall waiver is suspended at all outfalls that were covered by the waiver. These outfalls must then be monitored for all parameters. In order for the Representative Outfall Waiver to again apply, the owner/operator must submit a new Representative Outfall Waiver Form certifying that the results of two consecutive monitoring periods show that the outfall has no exceedances of benchmark monitoring cutoff concentrations. 
• Alternative Certification of “Not Present” or “No exposure” waiver The Alternative Certification of “Not Present” or “No exposure” waiver for Benchmark monitoring on an outfall-by-outfall or pollutant-by-pollutant basis has been eliminated from the permit. 
• Timing of Monitoring The final MSGP specifies that if a facility’s permit coverage is effective less than two months from the end of a monitoring period, monitoring begins with the next monitoring period. This has been increased from “less than one month” from the end of a monitoring period. 
• Definition of "Qualified Person" The definition for qualified person has been added to clarify the qualifications for inspectors. A qualified person may be either a facility employee or hired consultant who is familiar with the day-to-day operations associated with their assigned responsibilities at the facility. The qualified person possesses the knowledge and skills to assess conditions, operations and activities at the facility that could impact stormwater quality and can evaluate the effectiveness of control measures being implemented as part of the requirements of the permit. The owner/operator may designate more than one individual as the qualified person. Additionally, if erosion and sediment controls are to be inspected the qualified inspector must be trained in Department-endorsed Erosion and Sediment control training.   

 

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New York No Longer Accepting NOI For General Permit Coverage

The New York State Department of Environmental Conservation (NYSDEC) published revisions to the SPDES Multi-Sector General Permit for Stormwater Discharges from Industry Activity (MSGP) (GP-0-17-004), which will replace the current one (GP-0-12-001) which expired on October 1, 2017.The new permit regulates stormwater discharges from industrial activities and was scheduled to become effective on October 1, 2017 with a five year permit term.


The revised permit has not been finalized and the expired permit remains in place. The Department will not be accepting applications for continued coverage until the revised permit and the new NOI are posted on agency website. The NOI for GP-12-001 has been removed and is no longer available to gain coverage under the MSGP.


Once GP-0-17-004 takes effect, there will be an interim period of 90 days. During this time, an owner or operator needs to update the facility’s Stormwater Pollution Prevention Plan (SWPPP) to comply with the requirements of the new permit before submitting a Notice of Intent (NOI) to obtain permit coverage. Some key changes in the new permit are expected to include:

• Non-numeric effluent limits were updated to include requirements for minimizing exposure, good housekeeping, maintenance, spill prevention and response productions, and employee training.
• Semi-annual monitoring and discharge monitoring reports will be required for Benchmark and Numeric Effluent Limit monitoring. With this change, the Corrective Action forms and the Non-Compliance event forms will no longer be needed.
• Discharge Monitoring Reports must be submitted electronically through EPA’s electronic reporting system, NetDMR.
• The owner or operator must wait three days in a row without precipitation before they may complete the Comprehensive Site Compliance Inspection. This allows for dry weather flow monitoring to be performed so that non-stormwater discharges can be detected and addressed as necessary.

Click here to review example Caltha projects related to stormwater permitting and stormwater pollution prevention, including SWPPP projects in New York.

Warehousing and Logistics Facilities Needed Storm Water Permit And SWPPP

Caltha LLP Project Summary

Project: Industrial Storm Water Permitting & Compliance
Client: International Retailer
Location(s): California, Washington, Utah, Georgia, Florida, Virginia, North Carolina, Pennsylvania, Ohio, Massachusetts, New York, Kansas, Virginia, Louisiana, Texas, Tennessee, Minnesota, Illinois, Indiana, South Carolina, Colorado, Nevada, New Jersey, Connecticut, Missouri

Key Elements: SWPPP preparation, Stormwater monitoring, Compliance plan, Permit application

Overview: Caltha LLP has provided consulting services to this international retailer at multiple logistics and warehousing locations to comply with individual State industrial stormwater rules. Services included preparing facility stormwater pollution prevention plans, preparation of State or EPA application forms (Notice of Intent), preparation of site-specific inspection checklists to comply with individual State inspection requirements, preparation of site-specific stormwater monitoring and benchmark monitoring plans to meet State requirements applicable to this industrial sector. Caltha then provided ad hoc technical support to facilities to address questions during roll-out of the compliance programs.

Leaking Hydraulic System On Trash Compactor 

Contaminates Stormwater Discharge

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

NYDEC Releases New Industrial Permit - NOI Deadline Dec 31, 2012

The New York State Department of Environmental Conservation (NYSDEC) has prepared the new SPDES Multi Sector General Permit for Stormwater Discharges from Industrial Activity (GP-0-12-001). The new permit is effective on October 1, 2012 and will replace the current Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-11-009) which expired on September 30, 2012.

Permitted facilities must prepare a stormwater pollution prevention plan (SWPPP), notify DEC that they intend to be covered by the MSGP, and comply with the general and sector-specific requirements of the permit. Major changes to the MSGP include new technology-based effluent limits, additional requirements for discharges to impaired waters, changes to the best management practices options for certain sectors, and lower benchmark monitoring cutoff concentrations. DEC also reformatted the permit and various required forms and made numerous other changes. Facilities subject to the prior MSGP must revise their SWPPPs to conform to the new permit and submit a new Notice of Intent form requesting coverage under the permit by December 31, 2012.

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 the revised New York permit requirements, including New York specific quarterly inspection checklist, quarterly visual assessment checklist, quarterly benchmark monitoring checklist, and an annual comprehensive site inspection checklist. Caltha has also prepared a New York Stormwater Permit Compliance Plan to assist permitted facilities in organizing and planning new compliance requirements under the DEC general permit.

For more information on the new New York industrial SWPPP template, compliance plan and expert SWPPP consulting services, email Caltha at 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

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

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

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