wyoming water & energy law npdes permitting issues kara brighton hageman & brighton, p.c....
TRANSCRIPT
WYOMING WATER & ENERGY LAW
NPDES Permitting Issues
Kara Brighton
Hageman & Brighton, P.C.
Cheyenne, WY
Today’s Presentation
Introduction
Large Construction General Permit (LCGP) Storm Water Pollution Prevention Plan (SWPPP)
Notable Changes to the LCGP
CWA Permits for Pesticide Application Background
Permitting Information
Conclusion
Introduction
Clean Water Act
Discharge of any pollutant from a point source
into surface water of the United States
WYPDES Program
Wyoming Pollutant Discharge Elimination System
Storm Water Discharges - Construction
Non-Storm Water Discharges - Pesticides
Introduction
“General Permit”
A Single Permit Issued to Cover a Large Number
of Similar Discharges within an Area
WDEQ Reviews WYPDES Permit Applications
Determines if an individual permit is required
Large Construction General Permit
Wyoming Water Quality Rules & Regulations Chapter 2 Minimization or Elimination in Storm Water Runoff
Including Sediment
Land Disturbance of Five or More Acres Does Not Have to be Contiguous Smaller Construction part of Larger Development
LCGP Continues Until Site is “Finally Stabilized” Re-vegetated to 70% of Natural Cover
Storm Water Pollution Prevention Plan
LCGP Requires a SWPPP Must be submitted with Notice of Intent (NOI) to
WDEQ 30 Days Before Construction Begins NOI - Describes the construction project
SWPPP Describes Potential Pollution Sources Best Management Practices (BMPs)
Notable Changes to LCGP
LCGP was renewed March 15, 2011 5 Year Permit - Expires March 15, 2016
Revised Definitions “Finally Stabilized” - Vegetation Must be Adaptable
“Operator” - Expanded Entities that have the ability to modify project plans
“Reportable Quantity” - Reporting of Spills to WDEQ
Notable Changes to LCGP
SWPPP must be Consistent with TMDL Total Maximum Daily Load
Sediment, Suspended Solids, or Turbidity
NOI Requirements Expanded “Common Plans of Development or Sale”
Must Identify Potential Storm Water Discharges to
Waters with an Approved TMDL or on 303(d) List
Potential Discharges to Class 1 Waters
Notable Changes to LCGP
Effluent Limitations - New Federal Regulations Erosion & Sediment Control Minimum Standards
Removal of Sediment Transported Offsite
Protection of Storm Drain Inlets
Offsite Tracking of Sediment to Paved Areas
Stabilization of Disturbed Areas for Stalled Activity
Notable Changes to LCGP
SWPPP Requirements Expanded
Joint SWPPPs Minimum Standards
Changes Made within 30 Days of Inspection
Uniform Format - SWPPP Template
Site Map Requirements
BMP Minimum Standards
Maintenance of Inspection Records
CWA Permits for Pesticide Application
FIFRA / CWA
Federal Insecticide, Fungicide & Rodenticide Act
Litigation National Cotton Council v. EPA - Sixth Circuit
Chemical Pesticides Regulated Under NPDES
Program
January, 2009: Vacated EPA Rule February, 2010: U.S. Supreme Court Denied Cert EPA Requested Two Year Delay
CWA Permits for Pesticide Application
Effective Date: April 9, 2011
Extension: October 30, 2011
Wyoming Issued: March 14, 2012
Expire December 31, 2015
Regulatory Burden Affects 5.6 Million Applications Annually 365,000 Applicators
Major Pesticide Discharge General Permit
General Permit Authorizes Discharges of Pesticides TO, OVER, IN Water of surface waters of state associated with:
Mosquitoes and Other Flying Pests
Aquatic Weed and Algae Control
Aquatic Nuisance Animal Control
Forest Canopy Pest Control
Discharges to Class 1 Waters
Treatment Thresholds
Mosquitos and Other Flying Insect Pests 640 Acres of Treatment Area
Weeds and Algae 80 Acres of Treatment Area 20 Linear Miles at Water’s Edge
Forest Canopy 6400 Acres of Forest Canopy
Opt-In
Permit Categories
None Minor
Pesticide Applications that do NOT Exceed Thresholds OR
Major Pesticide Applications that DO Exceed
Thresholds Any Pesticide Application near Class 1
Streams of State
Minor Permit
No Fees No Notice of Intent No Annual Reporting Requirements “Honor System” Permit Only Need to Show if Complaint Filed
and DEQ Investigates
Minor Permits
Permit Conditions Narrative rather than Numeric Based on Best Management Practices Reference FIFRA Label Instructions Equipment: Maintenance, Calibration and
Cleaning Required Monitoring Record Keeping Adverse Incident Documentation &
Reporting
Major Permit
Filing Fee = $100 per year Notice of Intent Authorization Annual Report due February 28th
Covers Previous Calendar Year Pesticide Pollution Prevention Plan
Notice of Intent
When to File Contact Information Location of Records Treatment Area Locations Type of Pesticide Use Pattern Map Other Information Certification
Annual report
Form Available from DEQ later this Year Application Information
Weather Conditions Calibration/Repair Documentation Adverse Incidents
Pesticide Pollution Prevention Plan
Deadlines Know or Should Know: Prior to First
Discharge Did not Know or Should Not have Known:
Prior to Exceeding Threshold Emergency: No Later than 90 Days 2012: By December 31, 2012
Signature Must Identify Responsible Individual Must be Updated Once per Year
P4 Requirements
Protocols Spill and Adverse Incident Response
Procedures Application Equipment Lowest Effective Amount of Pesticide
Treatment Areas Use Patters and Application Dates Names of Product and Amount Used Environmental Conditions
P4 Requirements (cont)
Document Unusual Effects to Non-Targets
Document Equipment Calibration, Cleaning and Repairs
Prior to First Application Identify Target Species Identify Factors Contributing to the Problem Establish Densities of Target
P4 Requirements (cont)
Implement Efficient Means to Minimize Discharges from Pesticides No Action Prevention Mechanical or Physical Methods Biological Control Agent Used Pesticide Use
P4 Requirements (cont)
If Pesticide Selected: Conduct Surveillance Assess Environmental Conditions Evaluate using Pesticides against the Most
Susceptible Development Stage of Target Pest
Questions
Kara Brighton
Hageman & Brighton, P.C.
222 E. 21st Street
Cheyenne, WY 82001
307-635-4888
www.hblawoffice.com