STORMWATER PERMITTING UNRAVELED

NCMA Water Quality WorkshopFeb 19, 2015, Raleigh, NC

Bethany Georgoulias, Stormwater Permitting Program

Outline

Overview of Stormwater Permitting Programs

NPDES Stormwater Permitting Stormwater Pollution Prevention Plans Benchmark Concentrations Tier Responses to Benchmark

Exceedances Permitting Construction Activity

Stormwater Permitting Programs Federal NPDES Stormwater Program

Phase I Phase II

State Stormwater Programs Phase II Post-Construction (Session Law 2006-

246) Coastal Stormwater (Session Law 2008-211) High Quality Waters / Outstanding Resource

Waters Water Supply Watershed Nutrient Sensitive Waters Special Management Strategies (e.g., Goose

Creek) 401 Water Quality Certifications

STORMWATER POLLUTION PREVENTION PLANS

NPDES Stormwater Program

Photo from Ohio EPA

Federal NPDES SW Program

Industrial activities in 10 categories Municipal separate storm sewer systems

(MS4s) serving >100,000 population Construction activities disturbing > 1

acre (Phase II lowered threshold from 5 acres)

Smaller MS4s (Phase II)

Photo by DLRPhoto by DWR

Photo by DWR

Most NPDES SW permits require an

SPPP

Stormwater Pollution Prevention Plans

SPPP Requires: Site Plan (location map; facility map; storage practices;

significant spills; certify no non-stormwater discharges). Stormwater Management Strategy (feasibility study;

secondary containment records; BMP summary) Spill Prevention and Response Procedures (not just

SPCC) Solvent Management Plan (some permits) Preventative Maintenance/Good Housekeeping

Program Employee Training (at least annually) Facility inspections (site & SW systems, semi-annually) Responsible Party Annual (at least) SPPP update. Every Year! (list of

spills, BMP evaluation, re-certify whether outfalls have non-stormwater discharges, review year’s analytical data, etc.)

Purpose of an SPPP

Identify pollutant sources to stormwater Identify best management practices

(BMPs) that reduce or eliminate potential water quality impacts

Implement those BMPs (not just a paperwork exercise)

Vigilance of how activities might impact stormwater; look out for problems

Identify improvement opportunities Understand where your stormwater goes

PROACTIVE INSTEAD OF REACTIVE

Beauty of the SPPP

SPPP Flexibility

If drainage areas, outfalls, or monitoring change, change the SPPP – no need to modify the permit.

If a new BMP needs to be installed, revise the SPPP –no need to modify the permit (approval of BMP might be required under State Stormwater or a local program, if post-construction related).

If the waterbody becomes listed as impaired or a Total Maximum Daily Load (TMDL) is established, change the site map – no need to modify the permit.

If the regional office requires actions (e.g., Tier responses), retain the correspondence in the SPPP – no need to modify the permit.

SPPP Enforcement

Enforcement responsibility on two parties: The PERMITTEE and PERMITTING AUTHORITY

Take SPPP off the shelf and use it (instead of collecting dust until a surprise inspection). Implementation is a permit requirement.

UPDATE IT at least annually. Meaningfully. Train employees regularly; continuity even in

turnover. Keep records together so they’re easy to get to

(monitoring, responses, training, etc.) DEMLR works with permittees to improve short

falls in SPPP implementation.

STORMWATER MONITORING AND BENCHMARKS

NDPES Stormwater Program

Photo by DWR

Stormwater Discharge Monitoring

Qualitative/Visual and Analytical Monitoring

Benchmark values guide analytical monitoring

Tiered Response to Benchmark Exceedances

Tier 1 – identify

potential cause and

take action, document

Tier 2 – monthly monitoring until 3

samples below benchmark, Tier 1 actions

First exceedance 2 exceedances in a row

“Tier 3” – Must notify DEMLR, who may revise monitoring, require certain

BMPs, or other actions

Any 4 exceedances

What Are Stormwater Benchmarks?

Benchmarks are NOT effluent LIMITS.

“Action level” concentrations that trigger investigation and management actions.

Generally based on aquatic impacts.

Tool for the permittee to respond to possible stormwater exposure problems.

Tool for DEMLR to identify recurrent problems or assist permittee in correcting.

Stormwater Benchmarks

FAQs About Benchmarks

Q: How are SW benchmarks derived?

A: Typically reflect level of protection for acute (short-term) exposure (e.g., metals, toxicants). This is usually ½ FAV.

A: May be based on other criteria, regulations or data sources (e.g., TSS, BOD5) when no acute equivalent.

FAQs About Benchmarks

Q: Why are some values so much lower than the drinking water standard (like copper)? Isn’t that unreasonable for stormwater runoff?

A: it’s not all about people.

FAQs About Benchmarks

Q: What happens when I get into “Tier 3” because I can’t get a concentration below a benchmark?

A: It depends.

Photo from http://kaelepulupond.org/

What if this site is next door, running onto your facility?

What if you haven’t done anything about this?

Photo from http://www.co.contra-costa.ca.us/

Metals Benchmarks Update

Triennial Review revised NC metals standards

New standards include dissolved metals and revise hardness assumption (no longer 50 mg/l)

DWR implements method to translate dissolved to total concentrations for NPDES permitting

Stormwater Program adopted consistent approach for metal benchmarks

Permits issued since January 2014 include new benchmarks; other permits are being revised upon renewal

New Freshwater Metal Benchmarks

Cr III new

Previous

What Happens in Tier 3?

Facility monitoring data exceeded benchmark any four times and must notify Regional Office

DEMLR wants an understanding of what permittee has already done to investigate sources, alleviate sources, considered feasibility of implementing, etc.

RO will visit and help assess RO will respond with further direction.

Until then, permittee continues monthly monitoring.

Addressing Exceedances

Working with Permittee

CONSTRUCTION ACTIVITY AT INDUSTRIAL FACILITIES

NPDES Stormwater Program

Photo by DWR

Construction Stormwater

When is it needed? Construction will disturb an acre or more Project needs E&SC Plan approval by local or state

program Do you need to submit a Notice of Intent (NOI)?

No, automatic coverage upon E&SC approval Can I skip getting an NCG01 if I already have a

different NPDES stormwater permit for my industrial activity? No, both permits apply. That’s IN ADDITION to the E&SC Plan requirements.

NCG01 covers discharges from construction only.

http://portal.ncdenr.org/web/lr/construction-stormwater

QUESTIONS?

http://portal.ncdenr.org/web/lr/stormwater

Stormwater Permitting Program

Telephone: (919) 707-9220