Deadline To Reapply For Texas General Permit Coverage Is June 3

The Texas Commission on Environmental Quality has renewed 2018 Construction General Permit (CGP) TXR150000 (2018 CGP) which became effective March 5, 2018. Project sites that would like continue their current authorization under the prior permit must reapply during the 90 day grace period which ends June 3, 2018.

 
SWPPP and SWPPP Training For
Residential Site Construction  


 Some of the important changes in the revised permit included:

• Added the 2014 and 2015 amendments to the federal effluent limitation guidelines (ELGs) (40 CFR Part 450 - Construction and Development Point Source Category)
• Added definition of “infeasible.” (Not technologically possible or economically achievable in light of best industry practices.)
• Added requirement to minimize pollutants in discharges.
• Added requirement to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points.
• Replaced the term “surface waters” with “Waters of the U.S.” (Water in the state was placed in the permit, rather than Waters of the U.S.)
• Added requirement to maximize stormwater infiltration to reduce pollutant discharges, unless infeasible.
• Added requirement which states that minimizing soil compaction not required where the intended function of a specific area dictates that it is compacted.
• Added requirement which states that a permittee must preserve topsoil, unless infeasible. The requirement also states that preserving topsoil is not required where the intended function of a specific area of a site dictates that the topsoil will be disturbed or removed.
• Added requirement which states that stabilization (in arid, semi-arid, and drought-stricken areas) must be completed within a period of time as specified by the permitting authority. The requirement also states that in limited circumstances, stabilization may not be required if the intended function of a specific area of the site necessitates that it remain disturbed.
• Revised the benchmark monitoring level for Total Suspended Solids (TSS) in the permit from 100 milligrams per Liter (mg/L) to 50 mg/L in discharges of stormwater from concrete batch-mixing plants covered under the permit. This change is consistent with the benchmark monitoring level for TSS that is required for concrete manufacturers and ready-mix concrete plants in the 2016 Multi-Sector General Permit (MSGP) TXR050000.
• Revised the definition of Construction Activity in Part I, Section B of the permit to more clearly capture “other construction-related activities” (i.e., soil disturbance that can occur from stockpiling of fill material and demolition), construction support activity, and any soil disturbance activities which have occurred in conjunction with construction-related activity and construction support activity.
• Clarified requirements for operators of small construction activities with low potential for erosion.
• Revised the language for inspections of construction sites that are consistent with the 2017 EPA CGP and requirements for inspection reports and completion of reports within 24-hours following the inspection.

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Overview Training - Clean Water Act And Related Rules And Programs

Overview of Clean Water Act 

Click link above to download presentation slides.

Overview of the Clean Water Act and underlying programs. Clean Water Act; CWA; wastewater; NPDES; pretreatment permit; water quality standards; permit limits; effluent guidelines; effluent standards; waters of the US, water quality criteria, SPCC rule

Does Oil Sheen On Pond Need To Be Reported? What Is Sheen Rule?

Under the Clean Water Act, the "sheen rule" provides the framework for determining whether an oil spill should be reported to the federal government. Federal regulation requires the person in charge of a facility or vessel responsible for discharging oil that may be "harmful to the public health or welfare" to report the spill. The regulation establishes the criteria for determining whether an oil spill may be harmful to public health or welfare, thereby triggering the reporting requirements:

• · Discharges that cause a sheen or discoloration on the surface of a body of water;
• · Discharges that violate applicable water quality standards; and
• · Discharges that cause a sludge or emulsion to be deposited beneath the surface of the water or on adjoining shorelines.

These reporting criteria are independent of local or State spill reporting requirements. Therefore, spills might be reportable even if State spill reporting thresholds are not exceeded.


 
Hazardous Chemical Spill to Sewer Outside Manufacturing Plant 

Because the Oil Pollution Act of 1990, which amended the Clean Water Act, broadly defines the term "oil," the sheen rule applies to both petroleum and non-petroleum oils and fats (e.g., vegetable oil, milk). The regulation also provides several exemptions from the notification requirements.

 Need more information of federal, State or local spill reporting requirements? Contact Caltha at info@calthacompany.com

   

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Action On Waters of US At Supreme Court

On January 22, 2018, the Supreme Court unanimously decided a procedural issue determining the court in which challenges to the meaning of the term “Waters of the United States” (WOTUS) may be brought. The choice of court is significant because it affects the resources needed to litigate the merits of challenges, sets the statute of limitations for filing lawsuits and helps determine whether actions can be challenged in subsequent civil or criminal proceedings.

Immediate Impact of Waters of US Decision

The decision requires that any challenge to the current meaning of WOTUS must be brought in the federal district court rather than in the federal court of appeals and allowed pending litigation in the district courts to continue. Lifting the stay puts the Obama-era WOTUS definition back into effect and forces any future litigation to occur throughout the United States wherever there is a challenge to the WOTUS definition, unless it is able to get a stay in the pending litigation.

Why is Waters of the US Definition Important?

WOTUS is a key term impacting the scope of Clean Water Act. The EPA and Corps of Engineers issued the definition in May 2015. The rule was widely criticized, with many, such as farmers, home builders, and developers, claiming that the rule impermissibly allowed EPA to regulate private land. Others felt the rule narrowed federal jurisdiction. In the Supreme Court, the current Administration argued that any challenges to the meaning of WOTUS must be brought in a court of appeals; this argument was rejected in the court decision.

Under the Clean Water Act, the uncertainty as to the scope of the WOTUS rule affects whether a Federal discharge permit (NPDES permit) is required and the scope of permits needed to discharge wastewater and storm water. It also impacts whether real estate contains federally-regulated wetlands.

California Revision To Current IGP Proposed To Address TMDL and Monitoring

The California State Water Board has proposed amends to the Industrial General Permit (IGP) current in effect. Comments on the proposed amendments are due by January 31, 2018. The State Water Board is proposing the Amendment to the Statewide Storm Water Industrial General Permit (General Permit) to address the following items:

• Implement TMDLs included in General Permit,
• Update the monitoring requirements and
• Add statewide compliance options to incentivize storm water capture and regional collaboration.

The current IGP includes a reopener to incorporate Total Maximum Daily Load (TMDL) requirements through a future permit amendment (Section XX.A). The proposed General Permit Amendment incorporates requirements for implementing existing TMDLs adopted by the San Francisco Bay, Santa Ana, Los Angeles, and San Diego Regional Water Quality Control Boards identifying industrial storm water as a source of the receiving water Impairment.


The proposed General Permit Amendment includes statewide compliance options to allow compliance with water quality objectives through onsite and regional storm water capture best management practices in place of typical compliance with numeric action levels and numeric effluent limitations.


In 2014, US EPA finalized the new Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Rule for discharges regulated by NPDES permits. The new Rule became effective on September 18, 2014. The EPA Rule requires NPDES permitees to use “sufficiently sensitive” analytical test methods for the analyses of regulated pollutants or pollutants parameters. The proposed General Permit Amendment includes revised monitoring and reporting requirements for industrial storm water sampling consistent with the new Rule.


Click here to review other regulatory updates for California.

Obtaining Permit Waiver Under 2017 EPA General Permit

The revised US EPA general permit for stormwater discharge from construction sites began effective on February 22, 2017. The revised general permit included an option for a permit waiver for certain projects.


These waivers are only available to stormwater discharges associated with small construction activities (i.e., 1-5 acres). The operator of a small construction activity may be able to qualify for a waiver in lieu of needing to obtain coverage under the general permit based on three factors. Each operator, unless otherwise needing permit coverage, must notify EPA of its intention for a waiver by submitting a waiver certification. Where the operator changes or another is added during the construction project, the new operator must also submit a waiver certification to be waived.


Waiver certifications are submitted prior to commencement of construction activities. If operators submit a TMDL or equivalent analysis waiver request, the project is not waived until EPA approves the request, and operators are advised not commence construction activities until receipt of approval from EPA. Operators are not prohibited from submitting waiver certifications after initiating clearing, grading, excavation activities, or other construction activities. However, EPA has indicated it reserves the right to take enforcement for any unpermitted discharges that occur between the time construction commenced and waiver authorization is granted.


Click here for more information on Caltha's Construction Stormwater Permitting and Compliance Support in your State.

Georgia 2017 IGP | What If My Facility Is Already Covered Under the Existing Permit?

The current Georgia industrial stormwater general discharge permit expires on May 30, 2017. A revised permit NPDES General Storm Water Permit For Discharges of Stormwater Associated With Industrial Activity (2017 IGP) was finalized in 2016 and becomes effective on June 1, 2017. The revised permit made some modifications to requirements permitted facilities must meet, but not as substantial of changes compared to the release of the 2012 IGP.


Current permittees are required to submit a new Notice of Intent (NOI) to obtain coverage under the 2017 IGP and to maintain coverage for discharging stormwater associated with industrial activities. Facilities previously covered under the 2012 IGP will have up to 30 days to submit the new NOI for coverage under the updated 2017 IGP after the effective date.

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

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

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


For recent news and Caltha project examples for Pennsylvania, click here.

Amendement To 2015 Washington Construction Stormwater Permit

On November 18, 2015, Ecology issued an updated Construction Stormwater General Permit (CSWGP). The permit became effective January 1, 2016. One appeal was filed with the Washington Pollution Control Hearings Board on December 17, 2015. To resolve the case, Ecology has proposed several revisions to the permit and has posted these revisions for public comment. Comments are due by February 10, 2017

The proposed changes are to dust control (S1.C.3.i), pH sampling requirements (S4.D), engineering calculation requirements (S9.B.1.f), and concrete washout (S9.D.9.h). The proposed changes are:

• S1.C.3.i - Uncontaminated or potable water used to control dust. Permittees must minimize the amount of dust control water used.
• S4.D - pH Sampling Requirements – Significant Concrete Work or Engineered Soils
  If construction activity results in the disturbance of 1 acre or more, and involves significant concrete work (significant concrete work means greater than 1000 cubic yards poured concrete or recycled concrete used over the life of a project ) or the use of recycled concrete or engineered soils (soil amendments including but not limited to Portland cement-treated base [CTB], cement kiln dust [CKD], or fly ash), and stormwater from the affected area drains to surface waters of the State or to a storm sewer system that drains to surface waters of the State, the Permittee must conduct pH sampling as set forth below. Note: In addition, discharges to segments of water bodies on Washington State’s 303(d) list (Category 5) for high pH are subject to a numeric effluent limit for pH; refer to Special Condition S8.

1. For sites with significant concrete work, the Permittee must begin the pH sampling period when the concrete is first poured and exposed to precipitation, and continue weekly throughout and after the concrete pour and curing period, until stormwater pH is in the range of 6.5 to 8.5 (su).
2. For sites with recycled concrete where monitoring is required, the Permittee must begin the weekly pH sampling period when the recycled concrete is first exposed to precipitation and must continue until the recycled concrete is fully stabilized with the and stormwater pH is in the range of 6.5 to 8.5 (su).

• S9.B.1.f – Engineering calculations for ponds, treatment systems, and any other designed structures. When a treatment system requires engineering calculations, these calculations must be included in the SWPPP. Engineering calculations do not need to be included in the SWPPP for treatment systems that do not require such calculations.
• S9.D.9.h - Assure that washout of concrete trucks is performed off-site or in designated concrete washout areas only. Do not wash out concrete trucks drums or concrete handling equipment onto the ground, or into storm drains, open ditches, streets, or streams. Do not dump excess concrete on site, except in designated concrete washout areas. Concrete spillage or concrete discharge directly to groundwater or to surface waters of the State is prohibited. Do not wash out to formed areas awaiting LID facilities.

 

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 South Carolina General Industrial Permit Makes Several Key Changes Compare To 2010 Permit

The South Carolina Department of Health & Environmental Control has issued as final the Industrial Stormwater General Permit (SCR000000) on September 1, 2016, and became effective on October 1, 2016. Some of the key changes compared to the South Carolina Permit issued in 2010 are summarized here.


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

DEP Allows General Permit Coverage For Facilities Outside High Quality Or Exceptional Value Watersheds

The Pennsylvania DEP has reissued the State General Permit for industrial facility stormwater discharge. The PAG-03 General Permit was reissued on September 24, 2016 for a new 5-year term. The federal regulations identify specific classes of industrial facilities that must apply for NPDES permit coverage; in addition, DEP may require any other facility not identified in the federal regulations to obtain a permit if DEP finds that the facility or activity is resulting in the discharge of pollutants to waters of the Commonwealth.


If a facility is not eligible for coverage under the PAG-03 General Permit, it may apply for an individual NPDES permit, using DEP's industrial waste NPDES permit application package. The most common reason that a facility may not be eligible for general permit coverage is if it is located in a High Quality or Exceptional Value watershed, according to designated uses under Chapter 93 or existing uses determined by DEP.


For those facilities that qualify for PAG-03 General Permit coverage, an alternative to obtaining permit coverage is to request No Exposure Certification if the facility qualifies. The No Exposure Certification alternative is not available to facilities in High Quality or Exceptional Value watersheds, and must be renewed every five years. For facilities not located in a High Quality or Exceptional Value watershed, all industrial materials and activities must be stored and conducted indoors or under roof for a facility to qualify for No Exposure Certification.


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

Are Municiapally Owned Industrial Facilities Exempt From Storm Water Rules?

From time-to-time this question is asked; much of the confusion on this relates to the Intermodal Surface Transportation Efficiency Act.




Municipally owned and operated industrial sources that had been exempted by the Intermodal Surface Transportation Efficiency Act of 1991 were no longer exempt from permitting requirements after the Phase II Stormwater regulations came into effect. Provisions within Intermodal Surface Transportation Efficiency Act temporarily delayed the deadline for Phase I sources (industrial activities with the exception of power plants, airports, and uncontrolled sanitary landfills) operated by municipalities with populations of less than 100,000 people to obtain an NPDES Stormwater discharge permit. Congress delayed the permitting deadline for these facilities to allow small municipalities additional time to comply with NPDES requirements. The Phase II Final Rule ended this temporary exemption from permitting. Since March 10, 2003, all Intermodal Surface Transportation Efficiency Act-exempted municipally operated industrial activities were required to obtain permit coverage.

 



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 Wisconsin DNR Tier 2 Industrial Permit

The Wisconsin Department of Natural Resources (WDNR) has release the revised Tier 2 permit under Chapter NR 216, Subchapter II — Industrial Storm Water Discharge Permits.  The revised permit became effective on June 1, 2016 and expires on May 31, 2021.




Caltha LLP has been providing technical services to facilities located in Wisconsin to bring them into compliance with the revised permit. Click here to review an example project to prepare a revised SWPPP and permit compliance documentation to meet Tier 2 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

2016 Revised Pennsylvania Department of Environmental Protection’s NPDES General Permit for Stormwater Discharges Associated with Industrial Activity (PAG-03)

The Pennsylvania Department of Environmental Protection’s National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Industrial Activity (PAG-03) expired on December 5, 2015.


The Department published a draft revised permit on October 18, 2015. The PAG-03 General Permit is intended to provide NPDES permit coverage to facilities discharging stormwater associated with industrial activity to waters of the Commonwealth that are not considered High Quality or Exceptional Value. If a facility is not eligible for coverage under the PAG-03 General Permit because it is located in a High Quality or Exceptional Value watershed, it may apply for an individual NPDES permit.

Click here for a Summary of the Requirements Under the New PDEP Industrial 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


For recent SWPPP news and Caltha project examples in Pennsylvania, click here.

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.


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 MS4 Permit Revised For New Hampshire Municipalities

EPA has released a revised draft New Hapshire small “Municipal Separate Storm Sewer System” (MS4) General Permit for public review and comment. The draft general permit has been published in the Federal Register. Public comments must be submitted by April 15, 2013.

The general permit will apply to 60 municipalities located in an urbanized area as defined by the 2010 census. Regulated MS4s include traditional cities and towns, state and federally owned facilities such as universities and military bases, and the state transportation agency (NHDOT). The draft general permits will apply to all the regulated MS4s, although waivers are possible for eligible municipalities within the urbanized area where population is less than 1,000.

  The revised draft permit updates the previous general permit finalized in 2003. EPA previously released draft general permits for small MS4s in NH in 2008. EPA decided to release revised draft general permits to account for significant public comments received on the 2008 proposal, the availability of updated demographic information from the 2010 Census, and several recently approved TMDLs for various waters in New Hampshire.

Click here for more information on control measures and estimated costs associated with compliance with the draft permit, as written.

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

California Industrial General Permit Reissuance Update

The California Water Board has released an update regarding the status of the State Water Board’s reissuance of the NPDES General Permit for the Discharge of Storm Water associated with Industrial Activities (Industrial General Permit, or IGP). State Water Board staff are currently working to address the comments received on the previous draft of the Industrial General Permit released on July 16, 2012 and expect to release a final draft of the Industrial General Permit by April 2013.  This final draft will be opened for a public comment period of least 45 days. The State Water Board also plans to hold a formal workshop on May 8, 2013, where the board will accept oral comments.

After the close of the public comment period staff expect to review the new comments, revise the permit as necessary, and queue it up the revised General permit for the State Water Board’s consideration during Summer 2013.

Read a summary of the California General Industrial Permit Issued in July 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

Revision To Construction Stormwater Effluent Standards

EPA has announced that it will be considering revisions to selected portions of the Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category. This action will address revisions to the effluent guidelines and standards for the construction and development point source category 40 CFR 450. The C and D rule was issued on December 1, 2009 and became effective on February 1, 2010. EPA plans to revise several of the non-numeric portions of the rule in response to litigation.


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting and 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

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


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

Final Rule On Logging Roads As Industrial Discharges

On December 7, 2012, EPA published a final rule clarifying that stormwater permitting is not required for logging roads. The Agency had proposed the rule in September in response to a 2011 citizen suit brought before the Ninth Circuit Court . The suit alleged violations of the Clean Water Act (CWA) against a logging company for discharging stormwater from ditches alongside two logging road in state forests without a permit.

The court decided that because the stormwater runoff from the two roads in question is collected by and then discharged from a system of ditches, culverts, and channels, it was a point source discharge of industrial stormwater for which a National Pollutant Discharge Elimination System (NPDES) permit would be required.

According to EPA, the agency never intended for logging roads to be regulated as industrial facilities. Therefore, the Agency revised 40 CFR 122.26(b)(14) to clarify its intent. The final rule will be effective on January 7, 2013. EPA believes stormwater discharges from forest roads, including logging roads, should be evaluated under section 402(p)(6) of the CWA because the section allows for a broad range of flexible approaches that are better suited to address the complexity of forest road ownership, management, and use. The final rule adds language to existing Phase I stormwater regulations to clarify that, for the purposes of assessing whether stormwater discharges are “associated with industrial activity,” the only facilities that would qualify as “industrial” would be rock crushing, gravel washing, log sorting, and log storage.

Caltha LLP provides technical support services to industrial facilities nationwide to complete individual and general permit application materials and to develop storm water permit compliance plans and stormwater pollution prevention plans (SWPPP). For more information, go to:
Caltha Stormwater Permitting and Compliance Page