Transcript storm water - Clean Water Clear Choice

SW 101
or
Learning to
Swim in the
NPDES Storm
Water Program
Brent Larsen
EPA Region 6
8th Annual Region 6 MS4 Operators
Conference
June 26, 2006
1
Purpose of SW101
Review the NPDES Phase I
Storm Water Program
Review the NPDES Phase II
Storm Water Program
Illustrate Phase I and Phase II
Integration
2
Terms to Know
NPDES - National Pollutant Discharge Elimination System
CGP – Construction General Permit
MS4 – Municipal Separate Storm Sewer System
SWMP – Storm Water Management Program
SWP3 or SWPPP – Storm Water Pollution Prevention Plan
BMP – Best Management Practice
NOI – Notice of Intent
NOT – Notice of Termination
TMDL – Total Maximum Daily Load
ESA – Endangered Species Act
NHPA – National Historic Preservation Act
SHPO/THPO – State or Tribal Historic Preservation Officer
3
WHY ARE WE HERE?
CLEAN
WATER!
4
5
6
7
American Fisheries Society Web Site www.fisheries.org
8
What is storm
water?
Runoff from natural precipitation, such
as rain events and snow melt and
other surface runoff and drainage
9
Is there a problem?
According to 2000 305b report, of the 32% of the nation’s
waters that were assessed, 40% were impaired:
 Rivers & Streams: 19% assessed, 39% impaired,
11% of impairment due to urban runoff/storm sewers

Lakes & Ponds: 43% assessed, 45% impaired, 18%
of impairment due to urban runoff/storm sewers

Estuarine: 36% assessed, 51% impaired, 32% of
impairment due to urban runoff/storm sewers

Shoreline miles >50% of are impaired due to urban
runoff/storm sewers
10
Why is Storm Water a
Problem?
Developed and disturbed land contributes to
problems
Quality
 Quantity

Other pollutants enter storm sewer systems
and pollute storm water
Illicit discharges
 Illicit connections

11
Storm Water Pollutants
Sediment
Nutrients
Bacteria
Oxygen Demand
Oil and Grease
Trace Metals
Toxic Chemicals
Chlorides
Thermal Impacts
12
Imperviousness and
Water Quality
Consequences of impervious land
coverage

Reduced infiltration of rainwater

Increased runoff volumes and velocity

Collects and concentrates pollutants

Increases ambient air and water
temperature
13
Imperviousness vs. Storm
Water Runoff
14
Changes in Hydrology
After Development
15
Regulatory Hierarchy
Clean Water Act
(Congress)
Code of Federal Regulations
(EPA)
NPDES Permits
(EPA, States)
Policy and Guidance
16
Federal Water Pollution Control
Act Amendments of 1972
Established NPDES, pretreatment, and
construction grants programs





Permits are a privilege – not a right
Effluent limits must be both technology- and water
quality-based
Maximum duration is 5 years
Provided for State programs
Established significant penalties for permit violations
17
Clean Water Act of 1977
Shifted focus from conventional
pollutants to toxic pollutants
Continued focus on industrial and
municipal wastewater
18
Water Quality Act of
1987
Specifies storm water permitting
requirements
Established nonpoint source grant
program
Increased penalties for noncompliance
19
NPDES Statutory
Framework
All “point” sources
“Discharging
pollutants”
Into “waters of the
U.S.”
Must obtain
an NPDES
permit from
EPA or an
authorized
State
20
NPDES Permit Program
21
A “Point” of Confusion:
Point Source vs. Nonpoint
Source
POINT source



Discharge from a discrete point into waters of the
U.S.
Travels through a conveyance system
Regulated under NPDES permit program
NONPOINT source


Runoff that is not a point source
Largely a voluntary program at the Federal level
22
Waters of the United
States
40 CFR §122.2
All waters currently used, used in the past, or
susceptible to use for interstate or foreign
commerce including all waters which are subject
to the ebb and flow of the tide…
Examples of “Waters of the US” include:
- rivers and streams
- sloughs
- lakes and ponds
- tributaries
- wetlands
- playa lakes
- territorial seas
- others...
23
Storm Water Regulatory
History
Storm Water Phase I Final Rule

November 16, 1990
Transportation Act of 1991
Response to the 9th Circuit Court
Decision: December 18, 1992
24
Storm Water Regulatory
History
Storm Water Phase II Final Rule


December 8, 1999
Addresses other sources to protect water quality
Developed over four years with assistance from a
Federal Advisory Committee
Over 500 public comments received on proposed
rule
Largely upheld by 9th Circuit and Supreme Court
25
How is Storm Water
Regulated Under the
NPDES Program?
Phased approach to regulation

Phase I: Regulated discharges from MS4s
and industrial activity

Phase II: Regulated discharges from small
MS4s and small construction
Issuance of permits to regulated
dischargers
26
What does Phase I
cover?
11 categories of Industrial Activity

Including construction disturbing at least 5 acres
Large and Medium Municipal Separate Storm
Sewer Systems (MS4s) serving a population
of at least 100,000
Other sources as designated
27
What does Phase II
cover?
Small construction disturbing at 1-5 acres
Regulated Small Municipal Separate Storm
Sewer Systems (MS4s)
Other sources as designated
28
Universe of NPDES
Facilities
Stormwater Phase II
(200,000)
thousands
600
500
CAFOs
(15,000)
400
Stormwater Phase I
(300,000)
300
Municipal and Industrial
Sources
(60,000)
200
100
0
1972
1977
1982
1987
1992
1997
2002
Storm water facilities represent 75% of NPDES universe! 29
Expected Benefits of SW
Program
Enhanced commercial, recreational and
subsistence fishing
Enhanced opportunities for swimming, boating
and noncontact recreation
Reduced flood damage
Drinking water benefits
Navigational benefits
Reduced illness from consuming contaminated
seafood and swimming in contaminated water
Enhanced aesthetic value
30
Types of NPDES Permits
Individual

1 application submitted --> 1 permit issued
General



1 permit issued --> many applications submitted
Issued on an area-wide (State, watershed, etc.) basis
Available when:


Same or similar operations
Discharge same wastes
31
Permit Issuance Process
Individual
General
Permit Application
Indentify Need and
Collect Data
Permit and Fact Sheet
Development
Permit and Fact Sheet
Development
Public Notice and
Public Comments
Public Notice and
Public Comments
Administrative Record
Administative Record
Final Permit
Final Permit
Notice of Intent
to be Covered
32
Permitting Approach:
Statutory Requirements
Industrial Permits

Achieve BAT/BCT and WQS
MS4 Permits
May be issued on a system-wide basis
 Effectively prohibit non-storm water
discharges
 Reduce pollutants to MEP

33
Permitting Framework
Emphasis on pollution prevention
MS4 storm water management plan
 Industrial and construction storm water pollution
prevention plans

Opportunity to develop priorities based on
case-specific factors
Allows system/jurisdiction wide permits
Recognizes industry specific characteristics
34
Who are the Permitting
Authorities for the Storm
Water Program?
45 States and one Territory serve as PAs for
the NPDES Storm Water Program
Non-delegated States where EPA is the PA
include: AK, ID, MA, NH, and NM
EPA still issues permits on Indian land and
for Federal facilities in some authorized
States and for some discharges in OK & TX
35
Enforcement
NPDES permits are federally enforceable
Violators subject to federal and state enforcement
actions and penalties
Compliance with a permit issued pursuant to
Section 402 deemed compliance with the Clean
Water Act
Expedited Settlement Offers (ESOs) being used by
EPA enforcement for certain discharges
36
Storm Water is just a
piece of the Water
Quality Puzzle
37
Water Quality Standards
(WQS)
Set by States, Territories, and Tribes.
Identify the uses for each waterbody e.g.,
drinking water supply, swimming, or fishing,
and the scientific criteria to support that use.
WQS provide goals for water quality
restoration and protection

http://www.epa.gov/ost/standards/
38
Effluent Guidelines
Provide national, minimum discharge
standards for over fifty major industries
Implemented through NPDES permits
http://www.epa.gov/ost/guide/
39
Sanitary Sewer Overflows
Discharges of raw sewage from municipal
sanitary sewer systems
Occur due to problems such as limited
capacity and infiltration
http://www.epa.gov/owm/sso.htm
40
Combined Sewer
Overflows
Combined Sewer Systems are not addressed
by SW program
CSS serve roughly 950 communities with
about 40 million people
CSOs contain not only storm water but also
untreated human and industrial waste, toxic
materials, and debris
http://www.epa.gov/owm/cso.htm
41
Total Maximum Daily
Load (TMDL) Program
A TMDL is a calculation of the maximum
amount of a pollutant that a waterbody can
receive and still meet water quality
standards, and an allocation of that amount
to the pollutant's sources.

http://www.epa.gov/owow/tmdl/
42
Nonpoint Source (NPS)
Management Program
NPS Program encourages voluntary
adoption of BMPs
Section 319 provides grant funds to
States, Territories and Indian Tribes
Coastal Nonpoint Pollution Control
Program addresses NPS problems in
coastal waters

http://www.epa.gov/owow/nps/
43
Where can I get more
information?
www.epa.gov/region6/sws
www.epa.gov/npdes/stormwater
44
Just take it one bite at a time!
You can order The Ye Olde 96er, a SIX POUND burger at Denny’s Beer Barrel Pub.
Source: Seattle News (Caption from picture, EPA neither endorses nor recommends and particular company or product)
45