Regulatory Overview - the Oklahoma Department of Environmental
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Transcript Regulatory Overview - the Oklahoma Department of Environmental
Regulatory Overview
Presented By: Wayne T. Craney, P.E.
Engineering Manager
Industrial Wastewater Enforcement Section
Water Quality Division
Department of Environmental Quality
Outline
Regulatory History
ODEQ Delegation
Types of Permits in Oklahoma
OKR10 History
Future Regulatory Issues
Regulatory History
Clean Water Act
Passed in 1972
Focus on point source discharges
Pipes, drains, other easily identified points of discharge
Established the National Pollutant Discharge Elimination
System (NPDES)
Amended in 1987
Addressed more diffuse sources of pollution, such as
stormwater discharges
Regulatory History
Stormwater Regulations
Phase I
Promulgated in 1990
Required the following to be permitted:
Medium and large municipal separate storm sewer systems
(MS4s) – generally with populations ≥100,000
Construction activities disturbing ≥5 acres
Industrial activities
Regulatory History
Stormwater Regulations
Phase II
Established December 8, 1999
Required the following to be permitted:
Small and medium MS4s and those within urbanized area
Construction activities disturbing ≥1 acre or part of a larger
common plan of development
Regulatory History
Delegation of NPDES Programs to ODEQ
November 19, 1996
Permitting and enforcement of municipal and industrial
wastewater
September 9, 1997
Stormwater discharges associated with construction and
industrial sites
Industrial pretreatment
Stormwater Programs
DEQ has regulatory authority over the following
stormwater discharges:
From MS4s
From industrial activities
From construction activities
Through the requirements of individual
permits or OKG11 (concrete batch plants)
MS4s
Oklahoma’s MS4 Permits
Phase I (2 permittees)
Individual permits
City of Oklahoma City
City of Tulsa
Phase II (43 permittees)
General permit
34 Cities
5 Counties
4 Non-Traditional Entities (e.g. Tinker AFB, OU)
ODOT will be permitted when OKR04 is reauthorized
Oklahoma’s Phase I MS4 Permits
Individual Permits
Oklahoma City first issued September 1, 1995
Tulsa first issued April 1, 1997
Both are co-permittees with ODOT and OTA
Pollution Prevention Approach
Stormwater Management Program (SWMP)
Developed by MS4
Spells out how MS4 will address/manage stormwater
discharges
Oklahoma’s Phase II MS4 Permits
General Permit, OKR04
Effective February 8, 2005
Pollution prevention approach
Uses Stormwater Management Plan (SWMP)
Must address six minimum control measures
Select BMPs
Identify “Measurable Goals”
Evaluate effectiveness
Update SWMP
Industrial Stormwater
Oklahoma’s Multi-Sector General
Permit, OKR05
Only applies to certain industrial activities
Defined by the Standard Industrial Classification (SIC)
code
Listed in Table 1-2 of permit by sector
Only those industrial activities with SIC code in Table 1-2
need to have permit coverage
Can cross-reference SIC code with NAICS code
Oklahoma’s Multi-Sector General
Permit, OKR05
Requirements:
Stormwater pollution prevention plan (SWP3)
Best management practices (BMPs)
Quarterly visual monitoring
Regular site inspections
No Exposure Criteria requirements
No permit required if facility meets these requirements
Essentially all possible pollution sources are kept under
cover and not exposed to precipitation
Construction Stormwater
EPA’s Construction Stormwater
General Permit (CGP)
Applies where EPA is permitting authority
i.e. Indian Lands
First CGP issued in 1992
Current CGP issued on February 16, 2012
Effective for 5-year period
Includes new requirements to implement Effluent
Limitation Guidelines and New Source Performance
Standards for Construction and Development point
sources – aka C&D Rule
C&D Rule
Requires construction site operators to meet
restrictions on erosion and sediment control,
pollution prevention, and stabilization
Included a numeric turbidity limit for certain larger
construction sites
Turbidity Limit = 280 NTU
Stayed by EPA on January 4, 2011
Not required to be incorporated in current construction
stormwater general permits by EPA or delegated states
Oklahoma’s Construction
Stormwater General Permit, OKR10
Is Oklahoma’s version of EPA’s CGP
Effective for 5-year period
Includes non-numeric effluent limitation guidelines
from C&D Rule
Oklahoma’s Construction
Stormwater General Permit, OKR10
Applies to construction activities that disturb an acre or
greater or are part of a common plan of development
that disturbs an acre or greater
Requirements
SWP3
Regular site inspections
BMPs
Buffers
Oklahoma’s Construction
Stormwater General Permit, OKR10
Current permit development process
Reviewed EPA’s current CGP
Developed draft of DEQ CGP
Conducted Stakeholder Advisory Committee and DEQ
Work Group meetings to discuss proposed changes
Issued CGP on August 13, 2012
Effective September 13, 2012
Local Construction Permits
Each MS4 has its own construction stormwater
permitting requirements
Required as part of MS4 program
Can be more stringent than state requirements
Some require permits for sites disturbing less than one acre
Be sure to check with local authorities to ensure you
have the appropriate permits and are meeting all local
stormwater regulations
Stormwater Enforcement
Stormwater is the second largest category of
complaints.
Compliance with CWA provisions is the goal.
The responsiveness of the RP determines if
enforcement is necessary.
If enforcement is necessary, it will be taken.
Enforcement will require an administrative penalty.
Enforcement Orders
Inspections (14 day compliance period)
Notice of Violation (NOV)
Expedited Consent Order (ECO)
Consent Order (CO)
with Penalty/Supplemental Environmental Project
(SEP)
Administrative Compliance Order (ACO)
with Penalty/SEP
Enforcement Data
FY 2010
33 NOVs issued, 9 Orders issued
$72,800 in penalties/SEPs were collected
FY 2011
14 NOVs issued, 7 Orders issued
$34,500 in penalties/SEPs were collected
FY 2012
13 NOVs issued, 4 Orders issued
$30,750 in penalties/SEPs were collected
Future Regulatory Issues
EPA Stormwater Rulemaking
Rule to be proposed by June 10, 2013
Most apply to MS4s
Of general note:
Exploring options for establishing specific requirements for
transportation facilities; and
Evaluating additional provisions specific to the Chesapeake
Bay watershed
Not applicable in Oklahoma
Future Regulatory Issues
EPA Stormwater Rulemaking
Of note for construction industry:
Develop performance standards from newly developed
and redeveloped sites to better address stormwater
management as projects are built
Would require the implementation of post-construction
best management practices to retain the runoff from a
certain size storm event onsite
Future Regulatory Issues
EPA Stormwater Rulemaking
Of note for MS4s:
Explore options for expanding the protections of the MS4
program;
Evaluate options for establishing and implementing a
municipal program to reduce discharges from existing
development (aka “Retrofit”);
Evaluate establishing a single set of minimum measures
requirements for regulated MS4s.
Future Regulatory Issues
Construction Effluent Limitation Guidelines
Numeric Turbidity Limit
Currently under review by EPA
Additional treatment performance data from construction
and development sites being sought
Will propose limit in future
May require construction site operators to sample and
analyze stormwater discharges
DEQ Stormwater Contacts
Permitting
Mark Derichsweiler – (405) 702- 8188
Karen Milford – (405) 702- 8191
Permit Administration
Matt Pace - (405) 702- 6209
Amber McIntyre - (405) 702- 6167
Matt Johnson- (405) 702- 6182
Compliance/Enforcement
Wayne T. Craney - (405) 702- 8139
Bob Giger (North) - (405) 702- 8112
Michele Loudenback (West)– (405) 702 - 8116
Joe Willingham (South) - (405) 702- 8129
Questions, Comments, Discussion