New BMP Requirements Due September 24 In Pennsylvania

The Pennsylvania DEP General Industrial Stormwater Permit General PAG-03 was revised in September 2016. This latest version of the permit updated the Best Management Practices (BMP) that apply to all industrial sectors to conform to the general BMPs contained in EPA’s most recent Multisector General Permit (MSGP), which was released in 2015.
The reissued General Permit identified several new BMPs to reduce pollutants in the stormwater discharges of industrial facilities and been expanded the 12 industrial sectors that were included in the prior version to 30 specific industrial sectors. The new BMPs requirements included:

• Use of spill/overflow protection equipment,
•  Control discharges through secondary containment or treatment for open dumpsters and roll off boxes,
• Install velocity dissipation devices at discharge sites, and
• Maintain readily accessible spill kits in locations where spills may occur.

Because some of the new BMPs may not have been required for previously permitted facilities, DEP provided a one year “transition period” for any required BMPs that existing permittees must implement that were not part of the previous General Permit. DEP included a provision that alternatives to the sector-specific BMPs may be implemented, if authorized by DEP. The deadline for implementing new BMPs is September 24, 2017.

Nonstormwater Discharge From Improper 

Waste Storage At Industrial Facility

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Reducing Zinc In Stormwater. What Are Possible Sources Of Zinc In Storm Water?

Many facilities required to monitor metal concentrations under their industrial stormwater permit have found high levels of zinc in their stormwater discharges.

Work conducted by the State of Washington found the major sources of zinc were galvanized materials, particularly on roof surfaces, as well as motor oil and hydraulic fluid accumulated on parking areas, loading docks, and paved grounds. Tire dust in areas with high volumes of trucks and forklifts may also be an important source. Zinc concentrations in runoff from roofs with galvanized ductwork were about 10-fold greater than found from the roofs without galvanized materials.

Both motor oil and hydraulic fluid contain high concentrations of zinc, about 0.1% by weight.

As an example, as little as ½ cup of motor oil spilled on a small paved parking lot could result in 250 µg/L of zinc in runoff during a small rain event.

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Zinc and Nickel In Industrial Stormwater - Key Zinc Sources At Industrial Facilities

Many facilities are required under their industrial stormwater permit to monitor metal concentrations. Two of the most common metals detected are zinc and nickel.
Considering zinc, work conducted by the State of Washington found the major sources of zinc were galvanized materials, particularly on roof surfaces, as well as motor oil and hydraulic fluid accumulated on parking areas, loading docks, and paved grounds. Tire dust in areas with high volumes of trucks and forklifts may also be an important source. Zinc concentrations in runoff from roofs with galvanized ductwork were about 10-fold greater than found from the roofs without galvanized materials.

Both motor oil and hydraulic fluid contain high concentrations of zinc, about 0.1% by weight. As an example, just ½ cup of motor oil spilled on a small paved parking lot could result in 250 µg/L of zinc in runoff during a small rain event.

Link to a technical analysis of stormwater benchmarks compared to historical industrial sector monitoring data

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EPA Proposes Revision To Discharge Requirements For Construction and Development Sources

Pursuant to a settlement agreement to resolve litigation, US EPA is proposing changes to the effluent limitations guidelines and standards for the Construction and Development point source category. This proposed rule would withdraw the numeric discharge standards, which are currently stayed, and change several of the non-numeric provisions of the existing rule. Comments on the proposed rule are being accepted through May 31, 2013. The revisions to 40 CFR part 450 now being proposed by EPA consist of the following three elements:

1. Addition of a definition of "infeasible" consistent with the preamble to the 2009 final rule and 2012 CGP;
2. Revisions to the effluent limitations reflecting the best practicable control technology currently available (BPT), effluent limitations reflecting the best available technology economically achievable (BAT), effluent limitations reflecting the best conventional pollutant control technology (BCT), and the new source performance standards reflecting the best available demonstrated control technology (NSPS) found at 40 CFR 450.21, 450,22, 450.23 and 450.24, respectively; and
3. Withdrawing the numeric turbidity effluent limitation and monitoring requirements found at 40 CFR 450.22(a) and 450.22(b) and reserving these subparts.

Click here for further information on the history of rulemaking for this effluent standard.


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Guidance and Rules For Salt Storage in Ohio

Ohio EPA has released a guidance document on the elements of salt storage that are relevant to preventing contamination include siting, design, and operation. The document provides guidance on salt storage practices to prevent the contamination of ground water and surface water. “Salt”, as used here, includes solids such as the popular sodium chloride (NaCl), as well as potassium chloride (KCl), calcium chloride (CaCl2), and magnesium chloride (MgCl2). It also includes mixtures of the same substances with abrasives such as sand, cinder, slag, etc.

Summary of Regulatory Requirements Affecting Salt Storage Operations in Ohio


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Preproduction Plastics Control Options Under California 2012 IGP

The revised California draft Industrial General Permit (IGP) includes controls required for pre-production plastic. Preproduction plastics used by the plastic manufacturing industry are small in size and have the potential to mobilize in storm water. Water Code section 13367 requires the State Water Board to implement measures that control discharges of preproduction plastic. Water Code section 13367 outlines five mandatory BMPs that are required for all facilities that handle preproduction plastic. These mandatory BMPs are included in the 2012 draft IGP.

The State Water Board had received comments regarding the Water Code requirements that plastic facilities to install a containment system for on-site storm drain locations that meet 1mm capture and 1-year 1-hour storm flow requirement standards. As a result, the 2012 IGP includes the option under Water Code section 13367 that allows a plastics facility to propose an alternative BMP or suite of BMPs that can meet the same performance and flow requirements as a 1mm capture and 1-year 1-hour storm flow containment system standards. These alternative BMPs are to be submitted to the Regional Water Board for approval. This alternative is intended to allow the facility to develop BMPs that focus on pollution prevention measures that can perform as well as, or better than, the containment system otherwise required by the statute.

The State Water Board also included two additional containment system alternatives that are considered to be equivalent to, or better than, the 1mm capture and 1-year 1-hour storm flow requirements:

•  An alternative allowing plastic facilities to implement a suite of eight BMPs addressing the majority of potential sources of plastic discharges.
• An alternative allowing a facility to operate in a manner such that all preproduction plastic materials are used indoors and pose no potential threat for discharge off-site.

The facility is required to notify the Regional Water Board of the intent to seek this exemption and of any changes to the facility or operations that may disqualify the facility for the exemption. The exemption may be revoked by the Regional Water Board at any time.

Plastic facilities may use preproduction plastic materials that are less than 1mm in size, or produce materials, byproducts, or waste that is smaller than 1mm in size. These materials will bypass the 1mm capture containment system required by Water Code section 13367. Plastic facilities with sub-1mm materials must design a containment system to capture the smallest size material onsite with a 1-year 1-hour storm flow requirement, or propose alternative BMPs for Regional Water Board approval that meet these same requirements.


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Integrated Municipal Stormwater and Wastewater Planning Approach Framework

The U.S. Environmental Protection Agency (EPA) issued a new framework to help local governments meet their Clean Water Act obligations. The Integrated Municipal Stormwater and Wastewater Planning Approach Framework assists EPA regional offices, states, and local governments to develop voluntary storm and wastewater management plans and implement effective integrated approaches to reduce overflows from wastewater systems and pollution from stormwater.

EPA's framework outlines new flexibility to pursue innovative, cost-saving solutions, like green infrastructure to help communities as they develop storm and wastewater infrastructure plans. The framework also highlights the importance of controlling and managing releases of storm and wastewater into the waters of the US.

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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).

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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.

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Summary of Final Georgia Industrial General Permit

On April 16, the Georgia Environmental Protection Division (EPD) released its final industrial stormwater general permit for industrial facilities. These permits cover stormwater discharges from certain types of industrial and “industrial-like” operations that are required to have a NPDES permit to discharge stormwater. The previous general permit expired in 2011. The revised permit includes some of the same requirements that were included in the 2006 IGP industrial stormwater permit. However, some significant changes have also been included, especially relating to stormwater monitoring requirements.


You can review a Regulatory Briefing on the final permit using the following link:

Summary of Revised Georgia Industrial Stormwater Discharge Permit


The final permit is effective June 1, 2012; all facilities covered under the previous permit must submit a new NOI by June 30, 2012, including certification that the facility is in compliance with the requirements of the new permit.

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Revised EPA 2012 Construction General Permit (CGP) Released

U.S. Environmental Protection Agency (EPA) is issuing a new general permit for stormwater discharges from construction activities. The 2012 construction general permit (CGP) is required under the Clean Water Act and replaces the existing 2008 CGP, which expired on February 15, 2012. The new permit includes a number of enhanced protections for surface waters, including provisions to protect impaired and sensitive waters. The 2012 CGP updates include requirements intended to limit erosion, minimize pollution sources, provide natural buffers or their equivalent around surface waters, and further restrict discharges to areas impaired by previous pollution discharge.

Many of the 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, which include pollution control techniques to decrease erosion and sediment pollution.

The permit will be effective in areas where EPA is the permitting authority: Idaho, Massachusetts, New Hampshire, New Mexico, Washington, D.C., and most U.S. territories and in Indian country lands.

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Draft MS4 Permit Issued For Joint Base Lewis-McChord, Washington

The U.S. Environmental Protection Agency has issued a received a proposed Municipal Stormwater discharge permit to Joint Base Lewis-McChord (JBLM). Located just south of Tacoma, JBLM is the largest military installation on the West Coast. The most recent population estimate for the base was 95,000 people, including military personnel, military dependants residing on base, civilian employees, and visitors. The permit, when final, is expected to regulate how stormwater is managed across nearly 142 square miles of base property.

EPA’s draft municipal separate storm sewer system (MS4) permit for JBLM is the first such proposed permit for a military or other federal facility in western Washington. The draft permit requires specific actions and activities that must be accomplished over at least the next five years to protect local waters.

Among the new requirements under the proposed permit, the base must control runoff from all construction sites; control runoff from all new development and redevelopment sites; map, inspect, and maintain the storm system, and engage JBLM employees and the community about preventing pollutants in storm water runoff.

Due to its proximity to Puget Sound, the Base permit also requires:

• stormwater runoff from redevelopment and new projects must meet performance standards through use of Low Impact Development (LID) techniques and, if needed, traditional stormwater features (detention ponds);
• a new construction project threshold of 5,000 square feet or greater;
• a program to reduce runoff from the existing developed areas;
• a biological stream health monitoring program using aquatic insects in Clover and Murray Creeks.

EPA’s proposed permit requires LID practices such as rain gardens, permeable pavement, native vegetation areas, and green roofs to avoid or lessen the reliance on traditional stormwater pipes and ponds. By using LID, a larger portion of rainfall will be intercepted, infiltrated, evaporated, or reused to avoid excess runoff. LID actions are expected to maintain or restore a more natural stream flow throughout the year, replenish groundwater, help protect fish and other aquatic organisms, and to reduce the influx of pollutants discharged into the streams, creeks and lakes on the base or into Puget Sound.

EPA will hold a public meeting to discuss the permit on March 19, 2012 in Lakewood, Washington. Comments on the Draft Permit will be accepted through March 30, 2012. EPA will then consider and respond to all comments, and make any necessary changes to the draft permit. The Washington Department of Ecology will also consider certifying the permit in accordance with Section 401 of the Clean Water Act. The EPA Director of the Office of Water & Watersheds will then make a final decision about permit issuance.

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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.

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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.

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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.

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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.

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Stormwater Treatment System for PCB in Seattle

The Boeing Company signed an agreement with EPA to construct a new stormwater treatment system at North Boeing Field in Seattle. The treatment system will be designed to reduce the amount of polychlorinated biphenyls (PCBs), which are an on-going source of pollution to the Duwamish River.

The North Boeing Field storm drain system carries stormwater to the Duwamish River through more than seven miles of catch basins, drains, inlets, and oil-water separators. Studies by the Washington State Department of Ecology (Ecology), the City of Seattle, and Boeing showed the North Boeing Field storm drain system is the biggest source of PCBs to the river sediments in Slip 4, one of the most highly contaminated sites on the lower Duwamish waterway.

With the installation of this stormwater treatment system to address the on-going source of PCBs, cleanup of Slip 4 will proceed in 2011. Several acres of contaminated sediments in Slip 4 will be cleaned up under an EPA settlement agreement with the City of Seattle and King County.

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Stormwater Seminar in MN & ND Permiting and Design

Minnesota and North Dakota Stormwater Management Seminar
Fargo, North Dakota
Friday, November 19, 2010


Purpose:

• Examine federal, state, and local rules on stormwater management
• Review municipal, industrial and construction permits and the permitting process
• Explore green stormwater practices
• Examine site selection, sizing, and design
• Evaluate erosion and water quality

Agenda:

Understanding Federal and State Rules on Stormwater Management
Federal statutes and regulations, National Pollutant Discharge Elimination System (NPDES) requirements, State statutes and regulations, North Dakota Department of Health NDDH stormwater requirements, Minnesota Pollution Control Agency MPCA stormwater requirements, Local requirements and procedures, Storm water permits and permit application process, Special waters and impaired waters

Stormwater Management Using Wet and Dry Detention Facilities
Detention/retention pond overview, Advantages and disadvantages, Design considerations, Hydrology, Permitting, Site selection, Water quality, Pond sizing, Safety considerations, Outlet structures, Good design practices, Pond routing theory, Interconnected ponds, Steps for detention design

Stormwater Quality Best Management Practices
Bioretention and rain-leader disconnect raingardens, Cisterns, Permeable pavers/pervious concrete, Disconnecting impervious area/vegetated swales, Soil amendments, Rainwater harvesting, Green roofs

Bioretention Design and Maintenance
Costs and consequences of poor design, Site evaluation, Cell configuration and soils, Siting, ponding depth, vegetation, Installation specifications, Maintenance program, Overview of maintenance activities, Costs, Case Study: City of Plymouth, Minnesota, residential raingarden and maintenance program

Download Seminar brochure

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Revision to Rhode Island Stormwater Requirements

The Rhode Island Department of Environmental Management (DEM) is proposing to adoption of the Rhode Island Stormwater Design and Installation Standards Manual (Stormwater Manual), amendments to the rules and regulations relating to the state Fresh Water Wetlands Act , and amendments to state water quality regulations.

The primary purpose of the proposed Stormwater Manual is to implement the "Smart Development for a Cleaner Bay Act of 2007". This Act requires that DEM and the Coastal Resources Management Council (CRMC) amend the 1993 version of the Stormwater Manual. The Act states, "The changes shall include, but not be limited to, incorporation into existing regulatory programs that already include the review of stormwater impacts the following requirements:
a. Maintain pre-development groundwater recharge and infiltration on site to the maximum extent practicable;
b. Demonstrate that post-construction stormwater runoff is controlled, and that post-development peak discharge rates do not exceed pre-development peak discharge rates; and
c. Use low impact-design techniques as the primary method of stormwater control to the maximum extent practicable."

To avoid, minimize and manage the impacts of stormwater on stream channels, water quality, groundwater, wetland habitat, and flooding, DEM and CRMC are proposing extensive updates to the 1993 Stormwater Manual. The changes reflect the state of the art in science and engineering practice concerning stormwater management. The proposed Stormwater Manual specifies standards and design requirements for stormwater management on new development, redevelopment, and infill projects and requires Low Impact Development (LID) as the "industry standard" for handling and treating stormwater.

The proposed amendments to the Fresh Water Wetlands Regulations and the Water Quality Regulations are necessary in order to reference and incorporate the new Stormwater Manual provisions into the regulatory requirements of these regulations, as well as to stipulate appropriate timetables to begin requiring use of the new Stormwater Manual.

DEM is proposing to begin requiring compliance with the new Stormwater Manual on most applications beginning on January 1, 2011. In addition, amendments are proposed to the Fresh Water Wetlands Regulations and the Water Quality Regulations to address the 2010 revisions to the RIGL §42-17.1-2.5 regarding tolling of expiration periods of development permits.

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Suspended Solids Limits In Runoff To Chesapeake Bay

EPA has announced plans to issue draft sediment limits as the next step in establishing the Watershed Implementation Plans (WIPs) for the Chesapeake Bay Total Maximum Daily Load (TMDL). The six States within the Bay watershed are expected to use sediment limits, along with those previously issued for nitrogen and phosphorus, as the basis for completing their WIPs This plans would also detail how States will further divide these limits among pollution sources, and what best management practices and stormwater controls will be implemented to meet water quality standards.

The first drafts of the State WIPs are due to EPA by September 1. On September 24, EPA plans to issue a draft TMDL and open a 45-day public comment period, including 18 public meetings. The final WIPs are due November 29, and EPA will establish the final Bay TMDL by December 31.

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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