International Low Impact Development Conference 2016
1. International Low Impact
Development Conference 2016
Industrial Stormwater Discharge – Covers
More than You Might Think!
Tuesday, August 30, 2016
David P. Horowitz, P.E., CSP, Project Manager
Slideshare: dphorowitz
Twitter: @dphorowitz
Youtube: dphorowitz
3. Acronyms
■ BMP – Best Management Practice
■ ICP – Integrated Contingency Plan
■ LID – Low Impact Development
■ MSGP – Multi-Sector General Permit
■ NOI – Notice of Intent
■ NOE – No Exposure Certification
■ NOT – Notice of Termination
■ NPDES – National Pollutant Discharge Elimination System
■ SPCC – Spill Prevention Controls & Countermeasures
■ SWMP – Storm Water Management Plan
■ SWPPP (SWP3) – Storm Water Pollution Prevention Plan
■ TMDL – Total Daily Maximum Load
4. Regulatory Background
■ Point Source Pollution
– Water Quality Act of 1965
– Federal Water Pollution Control Act Amendments of 1972
– Clean Water Act of 1977
■ Non-Point Source Pollution
– Water Quality Act of 1987
– Phase 1 (1990)
» Medium and Large MS4s
» Industrial Stormwater Dischargers
» Construction Sites of 5+ acres
– Phase II (1999)
» Small MS4s
» Construction Sites of 1+ acres
5. Regulatory Background
■ Industrial Stormwater Dischargers
– 1995 Multi-Sector General Permit
– 2000 Multi-Sector General Permit
» Renewed
– 2008 Multi-Sector General Permit
» Renewed three years after expiration
– 2015 Multi-Sector General Permit
» Renewed two years after expiration
7. Delegated States
■ Most states are delegated to oversee
program
– 46 are delegated
– States issue permits
■ Four states are not delegated
– Massachusetts
– New Hampshire
– Idaho
– New Mexico
– EPA issues permits
8. New England States
State
General Permit - Effective
Date
General Permit - Expiration
Date
Comment
Massachusetts June 4, 2015 June 4, 2020 Federal Permit
New Hampshire June 4, 2015 June 4, 2020 Federal Permit
Maine April 26, 2011
April 25, 2016
(September 2016 Draft)
State Permit
Connecticut October 1, 2011
September 30, 2018
(Extended from 2016)
State Permit
Rhode Island August 15, 2013 August 14, 2018 State Permit
Vermont August 4, 2011
August 4, 2016
(Administratively continued)
State Permit
9. NPDES - Industrial
■ Permitting Options?
– Multi-Sector General Permit (MSGP)
– Federal or state
– Meant to be easy
– No Exposure Certification (NOE)
– Still need to file!
– Individual Wastewater Discharge Permit
– Don’t want these for stormwater
10. Sectors & SIC
■ What is an SIC code?
– “A Standard Industrial Classification code or SIC code is a four-
digit code describing the activities taking place at a facility.
Facilities conducting multiple operations may have multiple SIC
codes, one describing each activity.”
■ What is a Primary SIC code?
– A primary SIC code describes the activity that generates the
highest net revenue at a facility.
11. Multi-Sector General Permit (MSGP)
Applicability
■ Sectors organized by SIC Codes
– Sector A: Timber Products
– Sector E: Glass, Clay, Cement, Concrete
and Gypsum Products
– Sector M: Automobile Salvage Yards
– Sector L: Landfills (Active & Closed)
– Sector N: Scrap and Waste Recycling
– Sector P: Land Transportation and
Warehousing
– Sector S: Airports
– Sector T: Wastewater Treatment Plants
(>1 MGD)
12. Stormwater Changes
■ 2015 MSGP
– Added NAICS code cross-reference
– North American Industrial Classification System
– Added specificity for effluent limits
– Electronic filing required
– Improved public accessibility
» Post plan
» Provide plan elements in NOI
13. General
■ No Exposure Certification (NOE)
– Activities are designed to prevent exposure to rain, snow, snowmelt
and/or runoff
– Material handling equipment or activities
– Material handling activities
» Storage, loading and unloading, transportation, or conveyance
– raw material, intermediate product, final product or waste
product
» Final products intended for outdoor use are not required to be
stored indoors or in a storm-resistant shelter.
14. Multi-Sector General Permit (MSGP)
Implementation
■ SWPPP Contents
■ Discharges to Water Quality Impaired Waters
■ Endangered Species & Historic Places Evaluation
■ Quarterly Visual Inspections
■ Annual Reporting
■ Benchmark/Numeric Effluent Monitoring
■ Electronic Reporting To EPA
– Sample Results (<30 days)
– Inspection Reports (<45 days)
■ Employee Annual Training
15. 2000, 2008 & 2016 MSGP Comparison
Let’s look at the data!
18. Data Review
2016 MSGP 2008 MSGP 2000 MSGP
715 475 984
2016 NOE 2008 NOE 2000 NOE
225 485 229
940 960 1213
19. Data Review
■ Shift to/away from No Exposure
■ Less Sites Covered
■ Site closures?
■ Re-evaluation of regulated discharges?
■ “Delegated” impact – “Out of sight, out of mind”?
2016 MSGP 2008 MSGP 2000 MSGP
715 475 984
2016 NOE 2008 NOE 2000 NOE
225 485 229
940 960 1213
20. Sector-Specific Analytical -
Metals
■ Metals
– Cadmium, Copper, Lead, Nickel, Silver, Zinc
– Provide ‘additional protection for endangered species’
– Hardness Dependent
– Determine hardness of receiving water
– Scaled
– 25 mg/L increments
■ Three Options
– Individual grab
– Group grab sampling
– 3rd
Party Data
I wanted to first introduce a list of some of the acronyms that many of us will be using throughout the day….you can use this as a reference – since we often take for granted that everyone speaks ‘our’ language of Swip and NiPDES!
Well – these are states that are NOT delegated in the SW program
EPA issues the SW general permits for construction activities &gt; 1 acre and for many industrial sites under the MSGP.
The MS4 program was issued jointly by EPA and DEP – thus creating separate state and federal permits – providing equal regulatory and enforcement authority for both.
Well – these are states that are NOT delegated in the SW program
EPA issues the SW general permits for construction activities &gt; 1 acre and for many industrial sites under the MSGP.
The MS4 program was issued jointly by EPA and DEP – thus creating separate state and federal permits – providing equal regulatory and enforcement authority for both.
Permitting options….
MSGP
No esposure
NPDES permit
First – for MSGP……
The second “Option” I mentioned was the No Exposure Certification – where you certify that activities at your site are no exposed to stormwater….There are specific conditions you must meet to be eligible.
See FORM - 11 items you must fufill.
The purpose of annual training is to re-familiarize APG personnel with situations and practices which have the potential to cause storm water contamination.
The purpose is also to review operation practices or best management practices to ensure that harmful materials or contaminants are not being disposed of in a manner that would allow exposure to storm water.
The purpose of annual training is to re-familiarize APG personnel with situations and practices which have the potential to cause storm water contamination.
The purpose is also to review operation practices or best management practices to ensure that harmful materials or contaminants are not being disposed of in a manner that would allow exposure to storm water.
The purpose of annual training is to re-familiarize APG personnel with situations and practices which have the potential to cause storm water contamination.
The purpose is also to review operation practices or best management practices to ensure that harmful materials or contaminants are not being disposed of in a manner that would allow exposure to storm water.