Overview of Changes to OKR10

Carrie J. Evenson, Ph.D.

Environmental Programs Specialist IV Industrial Wastewater Enforcement Section Water Quality Division Department of Environmental Quality

Outline

   Permit Drafting Process Overview of Changes Application Process

Permit Drafting Process

   Reviewed EPA’s current CGP Developed draft of DEQ CGP Conducted Stakeholder Advisory Committee and DEQ Work Group meetings to discuss proposed changes between December 2011 and February 2012  Submitted final draft to EPA for review on March 20, 2012

Permit Drafting Process

 Received and addressed comments from EPA on June 22, 2012      Opened public comment period on June 29, 2012 Closed public comment period on July 31, 2012 Addressed public comments Issued CGP on August 13, 2012 Effective September 13, 2012

Stakeholder Advisory Committee

          Aaron Milligan – SW Manager, Norman Craig Thurmond – Builder, Thurmond Consulting INC.

Jason Vogel – Professor, OSU Geoff Canty – Consultant, formerly with EST INC. Richard McKown – Developer, Green Earth Land Design LLC Kevin Burgess – Biologist, USFWS Richard Smith - Manager, INCOG Steven Barnett – Contractor, K & R Builders INC.

Michele Dolan – Stormwater Coordinator, ODOT Mike Means – Executive Vice President, Oklahoma State Home Builders Association

Permit Location

 OKR10 can be found here: http://www.deq.state.ok.us/wqdnew/stormwater/OKR10Pe rmit_2012_final%20Review_August.pdf

Areas of Change

       Definition changes Impaired, outstanding, & sensitive waters requirements Endangered species provisions Stormwater discharges from asphalt and concrete batch plants Stormwater pollution prevention plans Buffer requirements Form changes

Definition Changes

Definition Changes

 Defined new terms:  Temporary stabilization  To provide temporary cover:  During establishment & growth of vegetation, and/or  In areas where earth-disturbing activities will occur again  Final stabilization  To provide permanent cover and qualify for permit termination

Definition Changes

 “Owner/Operator” replaced with “Operator”  Clarified use of term  “Owner” = individual who owns structure or land  Doesn’t necessarily imply operational control of construction activities  Established “primary operator” and “secondary operator”  Primarily for use with larger common plans of development with multiple parties meeting definition of “operator”

Definition of an Operator

 Primary operator  Elected to obtain permit coverage for all discharges at a construction site  Responsibilities  Ensuring sufficient overall controls at site  Developing and maintaining SWP3  Identifying all secondary operators and areas where they are active  Ensuring secondary operators are aware of SWP3 requirements and BMPs applicability to their activities

Definition of an Operator

 Secondary operator  May obtain separate permit coverage and develop SWP3 for their areas of activity  Responsibilities:  Must be familiar with and abide by primary operator’s permit and SWP3  Must notify primary operator prior to beginning earth disturbing activities  Must avoid damaging or interfering with BMP effectiveness

Impaired, Outstanding, & Sensitive Waters

2005 2012

Outstanding or Sensitive Waters Requirements

 For sites discharging to Outstanding Resource Water (ORW) or Aquatic Resource of Concern (ARC)  Indicate on NOI and/or address in SWP3  Inspection frequency  Changed from once every 14 days to once every 7 days and within 24 hours of ≥ 0.5 inch storm event  Stabilization requirements  Initiated immediately following day earth-disturbing activities have temporarily or permanently ceased  Completed within 7 days

Outstanding or Sensitive Waters Requirements

 For sites discharging to Outstanding Resource Water (ORW) or Aquatic Resource of Concern (ARC)  100 ft buffer zone required  Alternately, use Addendum I “Buffer Guidance” for equivalent controls  Temporary or permanent sediment basin required for areas that serve an area with ≥5 acres disturbed  Corrective actions required

Impaired Waters Requirements

 Defined new term:  Impaired water or water quality impaired water  Identified by State or EPA pursuant to Section 303(d) or the Clean Water Act as not meeting applicable State water quality standards  Includes  Waters with approved or established TMDLs, and  Waters for which a TMDL has not yet been established or approved

Impaired Waters Requirements

 For sites within one mile of streams impaired for sediment:  Indicate on Notice of Intent  Inspection frequency  Changed from once every 14 days to once every 7 days and within 24 hours of ≥ 0.5 inch storm event  Stabilization requirements  Initiated immediately following day earth-disturbing activities have temporarily or permanently ceased  Completed within 7 days

Endangered Species Provisions

Endangered Species Provisions

 Eligibility criteria  Not located within corridors of Aquatic Resources of Concern (ARC)  Located within a corridor of an ARC but SWP3 describes area and specifies measures to be employed to protect species or habitat  Contact DEQ, not USFWS, when applicants don’t meet the criteria

http://www.wildlifedepartment.com/wildlifemgmt/endangered/burying_beetle.htm

Concrete and Asphalt Batch Plants

Concrete and Asphalt Batch Plants

 Support activity criteria  Directly related to construction site with OKR10 permit coverage  Is NOT a commercial operation serving multiple unrelated construction projects  BMPs for support activity are identified in construction site’s SWP3  Is NOT located within watershed of ORW

Concrete and Asphalt Batch Plants

 Monitoring and reporting requirements from OKR05 added to OKR10 (see Addendum G)  Must meet same requirements as plants with OKR05 coverage including:  Conducting quarterly visual monitoring  Completing at least annual site inspections  Submitting Annual Comprehensive Site Compliance Evaluation reports (ACSCERs)

Concrete and Asphalt Batch Plants

 ACSCERs  Annual review of the plant as well as SWP3  Completed using findings from annual comprehensive site inspection  Submitted to DEQ by March 1 st of each year  Reported using DEQ Form 605-006  http://www.deq.state.ok.us/WQDnew/forms/form_605 006_okr05_ascer_2011-08-05.pdf

Concrete and Asphalt Batch Plants

 For asphalt batch plants only:  Numeric effluent limitation monitoring (NELM) applies  Must sample stormwater discharge at least once per year for following parameters:

Concrete and Asphalt Batch Plants

 For asphalt batch plants only:  NELM continued:  Analyses to be conducted by DEQ certified laboratory  NELM results to be submitted to DEQ on Discharge Monitoring Reports (DMR) annually by March 1st  DMR form can be found at: http;//www.deq.state.ok.us/WQDnew/stormwater/dmr.pdf

 For construction projects lasting less than one year  Collect at least one NELM sample   Conduct quarterly visual monitoring Submit ACSCER

SWP3 Requirements

SWP3 Requirements

 Added “practice of engineering” reference: “Use of a licensed professional engineer (PE) for SWP3 preparation is not required by the permit. However, if any part of the SWP3 involves the practice of engineering, then those engineering practices and designs are required to be prepared by a licensed professional engineer.”

SWP3 Requirements

 Modified content of SWP3 to be consistent with EPA’s construction stormwater general permit  Added “Corrective Action” provision  Complete corrective action within 7 days from the time of discovery  Document corrective action in SWP3 within 7 days of completion

SWP3 Requirements

  Must address monitoring requirements for support activities  Must address all non-numeric effluent limitation guidelines  Erosion and sediment control  Stabilization  Pollution prevention Straw/hay bale barriers no longer allowed as erosion or sediment control

Buffer Requirements

Buffer Requirements

 Two (2) buffer requirements (see Addendum I)  Discharging into receiving water located on or immediately adjacent to your site  Provide 50 feet of natural buffer as measured from the top of the bank to disturbed portions of the site  Discharging to the watershed of ARC and/or ORW  Provide 100 feet of vegetated buffer between area disturbed and all perennial or intermittent streams; or 50 feet of vegetated buffer between area disturbed and all ephemeral streams or drainages.

Buffer Requirements

 Types of Streams  Perennial  Flow year-round  Intermittent  Flow periodically/seasonally when there is enough water from various sources  Ephemeral  Exist for short periods of time, usually during a rainy period  May have defined channels even when they are dry

Buffer Requirements

 Three compliance alternatives  Alternative 1: Provide and maintain a 50/100-foot natural buffer  Alternative 2: Provide and maintain >50/100-foot buffer and install additional erosion and sediment controls  Alternative 3: Implement equivalent erosion and sediment controls to achieve the same sediment load reduction as provided by a 50/100 foot natural buffer if natural buffer of any size is infeasible

Buffer Requirements

 Natural buffers and equivalent sediment controls don’t apply when:  Water crossings, limited water access, and stream restoration authorized under a Clean Water Act (CWA) Section 404 permit exist  No natural buffer exists due to preexisting development disturbances (e.g., structures, impervious surfaces)

Form Changes

Notice of Intent (NOI) Changes

 New fees:  Referenced in Oklahoma Administrative Code 252:606 Appendix D  Application fee = $100  Submit once with NOI  Permit fee = $330 + Consumer Price Index adjustment  Currently $340.56

 Prorated for first year

Notice of Intent (NOI) Changes

 Added “Purpose of Project”  To describe project and allow DEQ to determine if permit is required  Example: Stone Briar Farms

Notice of Intent (NOI) Changes

 Added new check box

Notice of Intent (NOI) Changes

 Added new certification statements

Application Process

Application Process

 For sites permitted with DEQ as of September 12,

2012:

 If complete, submit Notice of Termination and pay annual permit fee  If still under construction, submit Notice of Intent (NOI) no later than December 13, 2012  Permit and application fees were invoiced in October  Pay that invoice  Do NOT submit additional application fee with NOI

Application Process

 For sites where operator changes:  Submit NOI form from new permit indicating “Modification” at least 2 days before assuming operational control  Include application fee with NOI  Only submit SWP3 if the project is located:  Within Outstanding Resource Waters  Within a Federal and State ARC  Within a larger site which is disturbing land of 40 or more acres.

Application Process

 For new construction sites/developments permitted

after September 12, 2012:

 Submit NOI form from new permit at least 30 days prior to start of earth disturbing activities   Include application fee with NOI Only submit SWP3 if the project is located:  Within Outstanding Resource Waters  Within a Federal and State ARC  Within a larger site which is disturbing land of 40 or more acres.

Application Process

 For all:  Mail to: DEQ/Environmental Complaints and Local Services (ECLS) Storm Water Unit P.O. Box 1677 Oklahoma City, OK 73101-1677 FAX (405) 702-6226  Make checks payable to “Oklahoma Department of Environmental Quality”

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