Biographical Information Jason R. Fyffe Environmental Supervisor, - - PDF document

Workshop E

Storm Water Permitting & Compliance … Becoming More Complex & Costly

Wednesday, July 25, 2018 2:45 p.m. to 4:15 p.m.

Biographical Information

Timothy W. Ling, P.E., Environmental Director, Plaskolite, LLC. P.O. Box 1497, Columbus, OH 43216-1497 (614) 294-3281 tim.ling@plaskolite.com

• Mr. Ling is the Corporate Environmental Manager for Plaskolite LLC., a Columbus-based

manufacturer of continuously processed acrylic sheet. Mr. Ling is responsible for Plaskolite’s environmental compliance at its 9 manufacturing facilities in North America. He has over 27 years of experience in environmental engineering, both as a consultant to businesses, and now as in-house environmental manager. He has spoken and written on a wide range of environmental topics.

• Mr. Ling graduated at the top of his class with a Bachelor of Science degree in Civil Engineering

from the Florida Institute of Technology (1989), and Master of Science degree in Civil Engineering from the University of Notre Dame (1991). He is a Registered Professional Engineer in the states of Ohio and Florida, and a Qualified Industrial Storm Water Practitioner (QISP) in the state of California.

Brenda VanCleave, P.E., CPESC, CFM, Water Resources Engineer Facilities Operations and Development, Energy Services & Sustainability The Ohio State University 107F Maintenance Building, 2000 Tuttle Park Place, Columbus, OH 43210 (614) 292-6826 vancleave.13@osu.edu

• Ms. VanCleave is the Water Resource Engineer for The Ohio State University, and is

responsible for the operations and maintenance of the water, sanitary, and storm sewer systems on the Columbus campus. Before coming to Ohio State, Ms. VanCleave was a stormwater consultant assisting municipalities in stormwater planning, design, and inspection. She is a Certified Profession in Erosion and Sediment Control (CPESC), and was the sediment and erosion control inspector for the large-scale Portsmouth Bypass project, which involved constructing 16 miles of highway on a new alignment that created 20 million cubic yards of

• excavation. She was also the MS4 coordinator and floodplain manager for the City of

Pickerington, Ohio.

• Ms. VanCleave holds a Bachelor of Science degree in Agricultural Engineering from The Ohio

State University (1997) and a Master of Science degree in Biosystems and Agricultural Engineering from the University of Kentucky (1999). In addition to being a CPESC, she is a Certified Floodplain Manager (CFM), and is a Register Professional Engineer in the state of Ohio.

Biographical Information

Jason R. Fyffe Environmental Supervisor, Storm Water Unit Division of Surface Water Ohio Environmental Protection Agency P.O. Box 1049, Columbus, OH 43216-1049 (614) 728-1793 Jason.Fyffe@epa.ohio.gov

Jason joined Ohio EPA’s Storm Water Program in December 2001. His primary duties consist

• f developing and administering rules and permits associated with the NPDES Storm Water
• Program. This includes the oversight of Ohio EPA’s NPDES general permits for Construction

Site Storm Water, Industrial Storm Water and Small MS4. Jason is a 2001 graduate of Shawnee State University with a Bachelor of Science in Environmental Engineering Technology.

Hope Manning Project Manager, Multi-Media Compliance Team Leader Environmental Quality Management, Inc. 1800 Carillon Blvd., Cincinnati, Ohio 45240 (513) 742-7238 hmanning@eqm.com

Hope joined EQM in August 2015 with over 13 years of technical and compliance management experience in the environmental field. She has been involved in a broad range of programs including air compliance and permitting, NESHAP Boiler GACT compliance, NPDES permitting and compliance, SPCC, and SWPP Plans generation, and EPCRA SARA Title III, Section 312 and 313 reporting. Prior to EQM, Hope was the Corporate Environmental Compliance Manager at Darling Ingredients, Inc., and was responsible for environmental compliance to federal, state, and local requirements for over 50 locations in over 15 states. These activities included assisting in minor and major permitting, regulatory compliance, regulatory interpretation, regulatory reporting, permit compliance and internal auditing. Prior to her time at Darling Ingredients, Inc., Hope was the Water Quality Specialist for The Seminole Tribe of Florida. She was responsible for the water quality program for all surface waters on the Seminole Tribe of Florida reservation lands. Because the Seminole Tribe of Florida is a federally recognized Indian Tribe, she dealt directly with USEPA Region 4 personnel on behalf of the Seminole program. Hope holds a Bachelor of Science Degree in Chemical Engineering from The University of Cincinnati.

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Timothy W. Ling, P.E. Brenda VanCleave, P.E., CPESC, CFM Environmental Director Water Resources Engineer Plaskolite, LLC. The Ohio State University Jason R. Fyffe Hope Manning Environmental Supervisor Project Manager/ Storm Water Unit Multi-Media Compliance Team Leader Division of Surface Water Environmental Quality Management, Inc. Ohio EPA

Storm Water Permitting & Compliance

Becoming More Complex & Costly

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Topics

Storm water permits for industries IGP compliance Ohio EPA perspectives CGP compliance The FUTURE…

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Storm Water NPDES Permits

Individual NPDES permit IGP = Industrial General Permit CGP = Construction General Permit

4

Why Storm Water Permit?

Initial construction (CGP) Operating facility (IGP) Renovations (CGP if ≥ 1 acre)

• Expansion, demolition
• “…[C]learing, grading,

excavating, grubbing and/or filling activities” FOCUS NOT A FOCUS

5

What Coverage Do I Need?

SIC code in list & exposure… Now what?

No Discharge, No Permit Needed Formal NOI No Exposure Certification

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What’s “No Discharge”?

Storm water doesn’t leave property Storm water that is discharged

• ffsite but not to a “WOTUS” (Ohio?)

Doesn’t go into an MS4

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Formal NOI

Submitted through STREAM

• OEPA still processing NOIs from

September 2017 Must identify all Outfalls

• Perfect time to re-evaluate your

drainage

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Re-Evaluate Drainage

Identify all drainage locations offsite

• Discrete point sources
• Sheet flow sources

This not only effects NOI but also SWPPP

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No Exposure Certification (NEC)

Eligible if:

• There are no industrial materials

& activities, or

• All industrial materials &

activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff.

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No Exposure Certification Checklist

• 1. Using, storing or cleaning industrial machinery or

equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to storm water

• 2. Materials or residuals on the ground or in storm water

inlets from spills/leaks

• 3. Materials or products from past industrial activity
• 4. Material handling equipment (except adequately

maintained vehicles)

• 5. Materials or products during loading/unloading or

transporting activities

• 6. Materials or products stored outdoors (except final

products intended for outside use [e.g., new cars] where exposure to storm water does not result in the discharge of pollutants)

Any “YES” answers to questions below would cause you to not be eligible for NEC!

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No Exposure Certification Checklist

• 7. Materials contained in open, deteriorated or leaking

storage drums, barrels, tanks, and similar containers

• 8. Materials or products handled/stored on roads or

railways owned or maintained by the discharger

• 9. Waste material (except waste in covered, non leaking

containers [e.g., dumpsters]) 10.Application or disposal of process wastewater (unless

• therwise permitted)

11.Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated (i.e., under an air quality control permit) and evident in the storm water outflow

Any “YES” answers to questions below would cause you to not be eligible for NEC!

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No Exposure Certification Checklist

 NEC removes all sampling, inspection, and plan requirements. But…

BE CAREFUL!

It can be a double whammy.

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IGP – How To Comply?

Major changes in recent IGP

• No annual comprehensive

inspection

• Sheet flow outfalls clarified for

monitoring

• Account for run-on & building

contributions

• Alternate benchmarks

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Storm Water Pollution Prevention Plans (SWPPP)

Must be updated within 180 days of renewal (November 28, 2017) Sections to review

• Narrative description of potential

pollutant sources and BMPs

• Site Location Map
• Employee contacts are up to date
• Corrective Actions

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SWPPP (continued)

Narrative Description

• Additional sheet flow outfalls
• Pollutants in this area?
• Are BMPS listed used? If so, are

they adequate? If not, what is?

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Best Management Practices (BMPs)

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BMP – Drain Sock Filter

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BMP - Booms

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BMP – Hay Bales

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Green BMPs

Pervious Pavement Constructed Wetlands Tree Boxes

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Make sure map is up to date

• Identify all outfalls (including

sheet flow)

• Location of all pollutant sources
• Monitoring locations (if not at
• utfalls)

SWPPP (continued)

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Corrective Action Triggers

Unauthorized release or discharge Violation of numeric effluent limit An inspection finds control measures not properly operated & maintained

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Corrective Actions

It’s ok to document problems

Routine Inspection Discover Problem Fix Problem Document Fix Back to Operation

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Storm Water IGP Compliance

Say what you do & do what you say Document what you do right & what is wrong Document your fixes to close the loop

Ohio EPA NPDES Storm Water Program

Construction Activities Industrial Activities Municipal Separate Storm Sewer Systems

NPDES MS4 Storm Water Program

11 Categories of Industrial Activity

i.

Facilities with Effluent Limitations for SW

ii.

Manufacturing

iii.

Mineral, Metal, Oil & Gas Mining or Drilling

iv.

Hazardous Waste Treatment, Storage or Disposal Facilities

v.

Industrial Waste Landfills

vi.

Recycling Facilities

vii.

Steam Electric Plants

viii.

Transportation Facilities with Vehicle Maintenance

ix.

Wastewater Treatment Plants (> 1 MGD)

x.

Construction Activity

xi.

Light Industrial Activity

Check below to determine if you need coverage: http://www.epa.ohio.gov/portals/35/permits/Indust rialStormWater_Final_GP_AppD_dec11.pdf

Industrial Storm Water

2,553, 62% 1,592, 38%

Facilities

MSGP NOE

• 6th generation
• Effective: June 1, 2017
• Expires: May 31, 2022

Conditional Exclusion for No Exposure

• Meet definition of No Exposure:

“All industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff”

• Submit No Exposure Form
• Re-Certify every 5 years

Dumpster Management

YES

• No lid or tarp
• Dumpster has hole
• Lids closed
• Containers in good condition

Routine Facility Inspection

YES

• Must inspect once per quarter
• Areas where industrial materials or activities are exposed

to storm water

• Storm water control measures
• Certain sectors have more frequent inspection frequencies
• Must be performed while facility is in operation
• Document findings and maintain onsite with SWPPP

Quarterly Visual Assessment

YES

• Grab sample of storm water discharge
• Collect within first 30 minutes of discharge
• Antecedent dry period of 72 hours (3 days) required
• Once per calendar quarter
• One snowmelt assessment
• Note color, odor clarity, floating solids, settled solids,

suspended solids, foam, oil sheen and other obvious indicators of pollution

• If you have substantially identical outfalls, can sample just
• ne but must rotate

Other Required Recordkeeping

YES

• Log of significant spills, leaks and other releases
• Employee training conducted or provided
• Maintenance records for control measures
• Must keep all records, inspection reports, monitoring data,
• etc. required by permit for 3 years after date that coverage

under the permit expires or is terminated

Benchmark Monitoring

YES

• Applicable to 19 of 29 Sectors
• Monitor for both primary industrial activity and any co-

located activity

• Sample each outfall, unless substantially identical
• Take 4 samples over the course of first 3 years
• At least 1 sample must represent each calendar quarter

(winter, spring, summer, fall)

• Is an indicator of BMP and SWPPP performance
• Exceeding a benchmark is a red flag, not a violation

Industrial Storm Water Guidance

• Industrial SWPPP Guidance
• Industrial SWPPP Template
• Industrial Sector Factsheets
• Sample Recordkeeping Templates
• Industrial Storm Water Monitoring and Sampling Guide
• eDMR Reporting

http://www.epa.ohio.gov/dsw/permits/GP_IndustrialStormWater

Construction Storm Water

500 1000 1500 2000 2500 3000 1990 1995 2000 2005 2010 2015 2020

Approved CGP NOIs

• 5th generation
• Effective: April 23, 2018
• Expires: April 22, 2023

Temporary Soil Stabilization

Type of disturbed area Time frame to apply erosion controls Within 50 feet of stream but not at final grade Stabilize within 2 days if area is dormant for over 14 days Disturbed areas dormant for

• ver 14 days but < 1 year

Stabilize within 7 days; stabilize lots > 7 days prior to transfer Disturbed areas idle for winter Prior to onset of winter weather

Inspection Requirements

• The project must be inspected by the permittee

– Within 24 hours of a rainfall event ≥ 0.5-inch; and – Once every 7 days

• Areas to inspect

– Walk the site perimeter and note areas where sediment is leaving the site – All BMPs to assure that they have been installed as the SWP3 specified, built correctly, and are functional and appropriate – Areas where construction vehicles access the site – Water resources on the site or which flow through the site

Maintenance Requirements

BMP Repair Timeframe Sediment barriers & erosion control 3 days Sediment ponds 10 days Modify SWP3 & replace failing BMPs 10 days Install BMPs in SWP3 that were not installed (or provide justification) 10 days

Notice of Termination Requirements

• NOT forms must be submitted to Ohio EPA within 45 days of

achieving final stabilization

• To terminate CGP coverage, a permittee must either:
• Achieve final stabilization on the site;
• Transfer CGP coverage for the entire site; or
• Post-Const. BMP maintenance plan in place

Construction Storm Water Guidance

• Ohio’s Rainwater and Land Development Manual
• SWP3 Checklist
• Construction Site Inspection Checklist

http://www.epa.ohio.gov/dsw/storm/index

Click on the Construction Activities Tab

General NPDES Applications

• Bulk Petroleum Fuel Storage Facilities
• Coal Surface Mining Activities
• Construction Site Storm Water - Big Darby

Creek Watershed

• Construction Site Storm Water -

Olentangy Watershed

• Construction Site Storm Water
• Geothermal System Discharges
• Hydrostatic Test Water
• Industrial Storm Water
• Marina Storm Water
• Non-contact Cooling Water
• Pesticide Application Discharges
• Petroleum Related Corrective Action
• Small MS4
• Small Sanitary Discharges (No BADCT)
• Small Sanitary Discharges
• Temporary Wastewater Discharges
• Water Treatment Plants

Co-permittee Permit Applications

• Construction and Small MS4 Co-permit

Other Applications

• General, Notice of Termination
• Transfer of Ownership
• Small MS4 Annual Report Form

No Exposure Applications

• No Exposure Certification for Storm Water

Permitting

STREAMS

Surface Water Tracking, Reporting, Electronic Application Management System Time saved is substantial for both the regulated community and Ohio EPA/DSW

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Why CGP Matters?

“Engineer’s or Contractor’s job” 2003 post-construction requirements

• Less land for development
• On-going maintenance
• In “perpetuity”?

Owner retains ultimate responsibility

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Ohio CGP References

OEPA CGP (OHC000005) ODNR Rainwater & Land Development Manual OEPA SWP3 Checklist for Construction Activities

http://www.epa.state.oh.us/portals/35/storm/CGP _SWP3_Checklist.pdf

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CGP SWP3

Part III.A – “The SWP3 shall be a comprehensive, stand-alone document, which is not complete unless it contains the information required by Part III.G” of the Permit

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CGP Site Controls

Site controls should meet the standards and specifications of the most current edition of Ohio’s Rainwater and Land Development manual and include the following minimum components…

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CGP Site Controls - Minimum

Non-structural Preservation Methods Erosion Control Practices Runoff Control Practices Sediment Control Practices Post-Construction Storm Water Management Requirements Surface Water Protection Other Controls

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Non-Structural Preservation Methods

Preserving Existing Vegetation & Vegetative Buffer Strips Phasing of Construction Operations Designation of Tree Preservation Areas

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Sediment vs. Erosion Controls

Sediment Controls Erosion Controls Check dam Seeding/Vegetation Ditch Check Mulch Sediment Basin Erosion Control Mats Sediment Trap Diversion Ditches Silt Fence Diversion Barriers Inlet Protection Slope Drains

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Sediment Ponds

Concentrated storm water runoff (storm sewer or ditch) Runoff from drainage areas which exceed the design capacity of silt fence & filter socks Runoff from common drainage areas > 10 acres disturbed land

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Sediment Ponds

Runoff from drainage areas that exceed the design capacity of inlet protection All inlets receiving runoff from drainage areas of 1 or more acres will require a sediment pond.

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Silt fence should follow contours Silt fence does not divert offsite flows *Show drainage areas to the BMP

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Structural practices implemented to protect all adjacent Surface Waters of the State (SWOTS)

• 50 ft undisturbed

natural buffer, if feasible

• No controls in

SWOTS

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Existing ditchline New drainage swale Site drainage needs treated prior to entering stream Good location for sediment basins Designated concrete washout Inlet protection Existing ditchline Sediment basin – divert site flows for treatment Stream protected with silt fence

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high point Convert sediment basins to bioretention

• dredge sediment
• use outlet structures high

water overflow

• use orifice in outlet structure

that was used for skimmer as bioretention underdrain Construction entrances required Silt fence exceeding max slope length Sediment basins:

• site area > 10 ac
• exceed silt fence
• exceed inlet

protection Divert clean water around site

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CGP Related Rules

Clean Water Act Ohio Water Pollution Control Act Special Areas (e.g. Big Darby) Local Government Requirements

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Waterway Permits

404 Ohio 401 WQC Isolated Wetland Floodplain Requirements BMPs should comply with these permits!

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Waterway Permits Requirements

Native species for restoration/mulch Do not use straw bales Grass filter strips established adjacent to all avoided/relocated and un-culverted waters of the state (e.g., wetlands & existing buffers)

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Existing vs. Final Grade

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DBRDRBAB

 Design Build  Re-Design  Re-Build  As-Built

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Lessons Learned

Consider All Stages

• Day 1
• Intermediate Phases
• Final Phase

Subsurface Conditions Terrain/Slopes/Hills

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Lessons Learned

SWPPP is DYNAMIC BMP Management

• Who’s Responsible?
• Identify Equipment Needed
• Identify Communication Train

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Lessons Learned

BMP Access (start to finish) Educate Crews/Leads Communication

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Perfection!

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The Future?

Legal jeopardy Citizen lawsuits (CA, WA) Storm water TMDL “Scary” trends

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Tip Of The Day …

OHIO’S STORM WATER GENERAL PERMIT IS …

A MENU OF COMPLIANCE ENFORCEMENT

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Legal Jeopardy

One GP affects ALL

• Sins of the few affect EVERYONE
• USEPA IGP affects OEPA IGP
• OEPA CGP stricter than USEPA

“Antidegradation” doctrine

• More & more
• “Process” violations?
• Enforcement & citizen lawsuits

68

2016 USEPA-Enviro Settlement

Affects USEPA IGP renewal in 2020 Corrective action = 3 tiers

• Average & single exceedance
• Tier 3 = source/treatment controls
• “California model”

USEPA to fund storm water study

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USEPA Study

Monitoring “improvements” Numeric retention (flow) standards “High-priority” industries Add BAT/BMP to specific sectors Discharges to impaired waters

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Citizen Lawsuits

Provided in CWA, Section 505

• 60-day NOI to Sue
• Citizen groups, law firms

Storm water lawsuits in CA

• 95 in 2015, 206 in 2017
• 28% manufacturing
• ~695 in 2020 (22% of IGP holders)
• $70,000 average settlement
• $250,000 - $5 million per site

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Storm Water TMDLs

TMDL is NEL, not benchmark IGP TMDLs (Long Beach Hbr., CA)

• Copper = 3.73 ug/l (from 33.2 ug/l)
• Lead = 8.52 ug/l (from 262 ug/l
• Zinc = 85.6 ug/l (from 260 ug/l)

TSS TMDL (CGP-Big Darby)

• 45 mg/l (vs. 100 mg/l benchmark)

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Storm Water TMDLs

CGP TMDLs are here (Big Darby Creek & Olentangy River) !!! Highly prescriptive

• Sediment basin design
• Storm water sampling
• Riparian setback
• Groundwater recharge

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A “Scary” Future…

BMPs Sample/Corrective Action/Treatment New, lower benchmarks [for ALL]? Benchmarks today…NELs/TMDLs tomorrow

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A “Scary” Future…

Storm water flow = New “pollutant”? “Direct hydrologic connection”

• Groundwater discharge into CWA
• Cases in HI, SC & KY

“Non-NPDES” storm water permits

• OHCG00001 – construction

activity from oil & gas linear transmission line & gathering line

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Final Thoughts

“Menu” with a bite… Storm water is getting SCARY… “Perpetual” non-compliance Citizen lawsuits in Ohio? Pro-active in IGP & CGP renewals!

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Burning Questions