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.

Impaired Waters and Outstanding Arizona Waters Requirements Under Proposed ADEQ Permit

The Arizona Department of Environmental Quality (ADEQ) has released a draft Construction General Permit (AZG2008-001). This permit replaces the previous construction general permit that was issued for a five-year term by ADEQ. As written, this general permit becomes effective on March 1, 2013.

The draft permit coverage has the following conditions and requirements apply if any portion of the construction site is located within 1/4 mile of a receiving water listed as impaired under section 303(d) of the Clean Water Act:

• The operator must submit a copy of the SWPPP with the NOI to ADEQ; and
• The SWPPP must include a sampling and analysis plan for analytical monitoring if there is potential for discharges from the site to include the pollutant(s) for which the receiving water is impaired. If the operator can demonstrate there is no reasonable expectation that construction activities could be an additional source of the identified pollutant(s), analytical monitoring is not required. As part of this demonstration, the operator must consider all on-site activities, including the potential for the pollutants (metals, nutrients, etc.) to be present in site soils. The demonstration must be included in the SWPPP submitted for ADEQ’s review;
• If a discharge contains pollutants for which a Total Maximum Daily Load (TMDL) has been established, the SWPPP must specifically identify control measures necessary to ensure the discharges will be consistent with the provisions of the TMDL.

For discharges to outstanding Arizona waters (OAW) the following conditions and requirements apply if any portion of the construction site is located within 1/4 mile of a receiving water listed as an OAW in A.A.C. R18-11-112(G):

• The operator must submit a copy of the SWPPP with the NOI to ADEQ; and
• The SWPPP must include a sampling and analysis plan for analytical monitoring of pollutants expected to discharge from the site, including sediment.

Caltha LLP provides expert consulting services to public and private sector clients in Arizona 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

Trash Limits for MS4s in Anacostia Watershed - Trash TMDL

U.S. EPA, the District of Columbia, and the state of Maryland have announced a new Total Maximum Daily Load (TMDL) for trash in the Anacostia River, making the Anacostia the first interstate river in the nation with such a Clean Water Act (CWA) trash limit. Each year, hundreds of tons of trash and debris are illegally dumped or washed into the Anacostia with stormwater runoff. As a result, the District and Maryland have both included the Anacostia River on their respective lists of impaired waters due to excessive quantities of trash and debris.

The TMDL requires capturing or removing more than 600 tons (1.2 million pounds) of trash from the watershed annually. To complement this TMDL, the EPA, as the permitting authority for the District, and the state of Maryland are developing MS4 storm sewer permits which will serve as key implementation tools requiring municipalities in the Anacostia watershed to achieve the trash reductions required in the TMDL. In addition, continued implementation of the Combined Sewer Overflow Long Term Control Plan for the District of Columbia supports achievement of the limits.

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

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.

For further information contact Caltha LLP atinfo@calthacompany.comorCaltha LLP Website

Massachusetts DEP Proposed Stormwater Regulations

The Massachusetts Department of Environmental Protection (DEP) is proposing a new approach to stormwater management which will require private owners of large impervious surfaces (including institutions, commercial, industrial and residential properties) to manage stormwater. The draft requirements include:

• Statewide private property owners of impervious surfaces ≥5 acres will be required to implement good housekeeping practices,
• Statewide private new developments with impervious surfaces ≥5 acres will be required to meet the state’s Stormwater Standards 3-6, including recharge and water quality treatment,
• Redevelopments with impervious surfaces ≥5 acres must maintain the same level of stormwater control and recharge, to the extent site constraints allow.

In areas that drain to an impaired waters with an existing or pending TMDL, a 65 % reduction in phosphorus load is required to achieve compliance with the State’s water quality standards.

Private property owners of impervious surfaces ≥2 acres will also be have requirements under the new program. New projects and redevelopments will have to meet statewide requirements and implement stormwater Best Management Practices (BMPs) capable of reducing phosphorus. Existing properties will be given 10 years to retrofit their properties to meet the phosphorus reduction requirement. TMDL areas include the Charles River watershed (with a 65% phosphorus reduction requirement) and a number of lake watersheds across the state.

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

Incorporating Stormwater into TMDL – Recent EPA Guidance

Stormwater discharges can contribute to the impairments to lakes and rivers. Once a waterbody is listed as impaired (i.e., identified in State 304(d) list), States are required to develop a Total Maximum Daily Load analysis (“TDML study”) to determine the maximum load of the pollutant to the waterbody which will still result in the water body meeting it water quality standards. Nonpoint pollution sources, such as stormwater discharges, are one element of this analysis. The point sources, which are primarily NPDES permitted discharges of wastewater are the second element of this analysis.

Stormwater sources which are regulated under NPDES permits require special consideration. Although generally considered part of the nonpoint pollution source category, they are also subject to the requirements of an NPDES permit.

On November 17, 2008, US EPA made available a DRAFT guidance document “TMDLs to Stormwater Permits”. EPA developed this handbook to address challenges that are unique to TMDL development and implementation involving permitted stormwater discharges from municipal separate storm sewer systems (MS4s), industrial facilities, and construction activities. The 211-page handbook is intended for federal and state TMDL writers and NPDES stormwater permit writers responsible for addressing waterbodies impaired by discharges from stormwater sources.

The draft handbook provides:

• General regulatory information on stormwater NPDES permits and TMDLs
• Discussion of opportunities to coordinate TMDLs and stormwater permits
• Guidance on evaluating stormwater contributions to impairments
• Guidance on development of TMDLs with significant stormwater sources
• Guidance on implementing coordinated TDML and stormwater permit programs
  
  

The handbook also includes excerpts from regulatory programs from ten different States that relate to the coordination between TMDL and stormwater permitting programs.

The draft handbook was released for public review and comments. Interested parties can submit comments on the handbook until February 17, 2009.

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

Mercury Controls - Requiring Air Emission Controls to Reduce Mercury in Water

The New England Interstate Water Pollution Control Commission has petitioned that EPA regarding Section 319(g) of the Clean Water Act, which requires controls on air emissions of mercury. EPA is being asked to bring together a management conference with eleven States that contribute much of the mercury emissions that end up in water bodies in the Northeast.
The EPA approved a Northeastern regional mercury TMDL last year that the States beleive can only can be achieved through stricter federal air emission controls on mercury. Under Section 319(g) of the Clean Water Act, States can petition the EPA to bring together "a management conference of all states which contribute significant pollution resulting from nonpoint sources,".

The petition prepared by the New England Interstate Water Pollution Control Commission says that Pennsylvania, Virginia, New Jersey, Ohio, West Virginia, Maryland, Michigan, Indiana, Kentucky, North Carolina and Illinois each contribute significant nonpoint source mercury pollution that prevent them from meeting their to reduce mercury in water and fish.

Most stormwater discharge permits include requirements for impaired waters - both with and without approved TMDLs. However, in the future air permits may also include similar provisions under the petition.

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