Transcript EPA’s Storm Water Program Training Course

SW101
The NPDES Industrial
Storm Water Program
What Does the Industrial
Program Cover?
 “Storm Water Discharges Associated with
Industrial Activity”
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Storm Water - includes storm water runoff,
snow melt runoff, surface runoff and drainage
Discharge - a point source discharge from any
conveyance to a municipal separate storm
sewer system (MS4) or Waters of the U.S.
Storm Water Discharge Associated
with Industrial Activity
 Definition found at 40 CFR
122.26(b)(14)(i)-(xi)
 11 categories of industrial activities
 Related to manufacturing, processing, or
materials storage areas
 Includes Federal, State, and municipally-
owned and operated facilities
Regulated Industrial Activities
 Facilities Subject
to Standards (i)
 Heavy
Manufacturing (ii)
 Mining/Oil and
Gas (iii)
 Hazardous Waste
Facilities (iv)
 Landfills (v)
 Recycling
Facilities (vi)
 Steam Electric
Power Plants (vii)
 Transportation
Industries (viii)
 Sewage Treatment
Plants (ix)
Regulated Industrial Activities:
Construction
 Found under Category (x)
 Land Disturbance of five or more acres
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Clearing, grading or excavation
 Activities part of a larger common plan
of development
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Multiple activities within a contiguous area
Includes activities taking place on different
schedules
Regulated Industrial Activities:
Light Manufacturing
 Found in Category xi
 Identified by SIC code
 Was the original “No Exposure”
category that got challenged
What is the “No Exposure” Provision?
 Original no exposure exemption
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Only available to Category (xi) facilities with
no exposure
No certification required
 9th Circuit Court Decision
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Remanded for further rulemaking
 Final Phase II Rule
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No exposure provision
– Applies to all Categories, except construction
– Requires certification of no exposure
How Does the No Exposure
Certification Work?
 EPA’s No Exposure Form asks a series
of Yes/No questions to help determine if
no exposure exists
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May submit only if answer “no” to all
Applies in States where EPA is the
permitting authority
 NPDES-authorized States will adopt
own form after updating State rules
How Do I Determine If an Industrial
Facility Needs a Storm Water Permit?
 Does the facility have a storm water
discharge to Waters of the U.S. or an
MS4?
 Is the industrial activity described in
the regulations?
 Does the facility qualify for a
conditional exemption?
ISTEA Exempted Municipally
Operated Industrial Sources
 Intermodal Surface Transportation Efficiency Act
of 1991
 Delayed permitting for industrial activities
operated by municipalities with populations less
than 100,000
 Phase II set the deadline to obtain permit
coverage to be no later than 3 years and 90 days
from publication of the rule – March 2003
What Industrial Permit Options
are Currently Available?
 Individual Permit
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Depends on the state in which a facility is
located
 General Permit
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EPA permitted states:
– Multi-Sector General Permit (MSGP)
– Submit a Notice of Intent (NOI) for coverage
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Authorized NPDES states:
– Applicable general permit
EPA’s Multi-Sector General Permit
(MSGP)
 Developed using industry-specific data from
previous permit application process
 Consolidated industry data into 29 industry
sectors with tailored requirements
 Focuses on development and implementation of
storm water pollution prevention plans
 Should get reissued late summer 2006
What Facilities are Eligible for
Coverage Under the MSGP?
 Facilities with a storm water discharge
associated with industrial activity
(Categories i-ix, xi)
 Eligibility restrictions regarding adverse
impact on Endangered Species or Historic
Places
Contents of the MSGP
 Notification requirements
 Special conditions and requirements
 Storm Water Pollution Prevention Plan
(SWPPP)
 Numeric effluent limitations
 Monitoring and reporting
 Specific requirements for industrial
activities
Endangered Species Act
and the MSGP
 Permittees must certify on the NOI
that no impacts to endangered
species are likely or have previous
ESA authorization for adverse
effects
 Addendum of MSGP
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ESA certification instructions
County-by-county list of species
National Historic Preservation Act and
the MSGP
 Must certify:
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That discharges do not affect property that is
listed, or eligible for listing, under the NHPA; or
That facility can obtain, and maintain
compliance with, a written agreement with the
State or Tribal Historic Preservation Officer
 Addendum contains guidance
Storm Water Pollution Prevention
Plans (SWPPPs)
 Common requirements
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Planning and organization
Site evaluation
BMP identification
Implementation
Evaluation and monitoring
 Sector-specific requirements
 Remains onsite at facility
MSGP Monitoring Requirements
 Three types of monitoring
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Visual examinations
Analytical (chemical) monitoring
Compliance monitoring
 Basic Regulatory Requirements
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40 CFR Part 136 methods
Representative storm event
Visual Monitoring
 Quarterly examination of discharges
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Color
Odor
Solids
Foam
Sheen
 No analytical tests
 Results submitted only if requested
Analytical “Benchmark” Monitoring
 Required only for certain industry
sectors/sub-sectors
 Quarterly sampling required in years
two and four of the permit
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MAY CHANGE IN 2006 PERMIT
 Required to submit results
 Not “limitations”
Compliance Monitoring
 Required annually for facilities subject to
numeric effluent limitations
 Grab samples within the first hour of
discharge
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Prior to mixing with other discharges
 Required to submit results
Alternate Certification
 Exempts facilities from analytical
monitoring requirements
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If no sources of a pollutant are exposed to
storm water
Pollutant-by-pollutant and outfall-by-outfall
basis
Not available for compliance monitoring
 Certification retained onsite and submitted
to the permitting authority
Representative Discharge Provision
 Applicable to analytical and visual
monitoring requirements
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Compliance monitoring not eligible
 Discharge from one outfall may
represent discharge from other outfalls
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Consideration of several factors
Quantitative data applies to other outfalls
 Required to document in SWPPP
Sampling Waivers
 Adverse Weather Conditions/
Inaccessibility/Climatic
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Allows substitute samples
No prior approval required
 Unstaffed and Inactive Sites
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Analytical Monitoring Waiver
Visual Examination Waiver
No prior approval required
 No Representative Storm Event
How Does a Facility Apply for Coverage
Under the MSGP?
 SWPPP in place prior to NOI submittal
 Complete ESA and NHPA screening
 Complete and submit NOI form
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Facility information and certifications
MS4 notification
Deadlines
 Use a Notice of Termination (NOT) to
discontinue coverage