[PDF] - Workshop C NPDES Permitting Practical & NPDES P rmitting PDF Document

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Workshop C

NPDES P NPDES Permitting … Practical & rmitting … Practical & Cost-Ef Cost-Effectiv ective Tips f Tips for NPDES r NPDES Permitting & Compliance and the rmitting & Compliance and the Sur Surface W ace Water T r Tracking, R acking, Repor porting ing & Electronic Application & Electronic Application Management Syst Management System (STREAMS) em (STREAMS)

Wednesda dnesday, July 19, 20 July 19, 2017 1 p.m. t 1 p.m. to 2:30 p.m. 2:30 p.m.

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Biographical Information William H. Haak, Founder, Haak Law LLC, 12595 Bentbrook Dr., Cleveland, OH 44026 216.772.3532 whh@haaklawllc.com William H. Haak is the Founder of Haak Law LLC (www.haaklawllc.com) – an environmental, health & safety legal and consulting firm based in Cleveland, Ohio. He has more than 15 years of experience in

ccupational safety law and worker safety, and over 20 years of experience in environmental law

(including extensive experience in air pollution control law and multi-media environmental compliance).

Mr. Haak practices nationally in the United States and consults globally on all matters related to the

EHS field (plus security and crisis management).

Mr. Haak graduated from The University of Akron (Business Finance) and Case Western Reserve

University School of Law (J.D. with an emphasis on litigation and trial practice). Following law school, he worked as an Assistant Attorney General in the State of Ohio Attorney General’s Environmental Enforcement Section. As counsel to Ohio EPA, Mr. Haak’s practice was focused primarily on civil and administrative air pollution control cases. During his time with the Attorney General’s Office, Mr. Haak resolved civil environmental enforcement actions resulting in civil penalties totaling approximately $4 million. Prior to forming Haak Law LLC, Mr. Haak was Senior EH&S Counsel for General Electric. He supported GE’s Appliances and Lighting Businesses, and was engaged in complex air permitting issues for other GE businesses nationwide. Mr. Haak has also been Associate General Counsel – EH&S for Hexion Specialty Chemicals in Columbus, Ohio, and Senior Regulatory Law Counsel for Owens Corning in Toledo, Ohio. He served overseas in the former Soviet Union (Ukraine) as an Environmental Enforcement Specialist with the American Bar Association’s Central & East European Law Initiative ("ABA/CEELI"). Haak is a frequent lecturer to attorneys, engineers, and environmental professionals on topics concerning federal and state air pollution law. In addition, he has taught as an adjunct faculty member at the University of Central Florida in Orlando and Columbus State in Columbus, Ohio. Since 2005, Haak has taught classes focusing on Air Pollution Law and Occupational Safety and Health Law at The University of Toledo College of Law as an Adjunct Professor. Whitney Works, eDMR/STREAMS Administrator, Division of Surface Water Ohio EPA, PO Box 1049, Columbus, OH 43216-1049 614-644-2135 Whitney.Works@epa.ohio.gov Whitney joined the Information Management Section of the Division of Surface Water in Autumn of

2016. Whitney serves as a liaison between program staff, software developers and the regulated

community to streamline Agency online services. Whitney provides technical assistance for the electronic discharge monitoring report (eDMR) online data submittal system and STREAMS (Surface Water Tracking, Reporting, and Electronic Application Management System). Whitney’s nonprofit background brings experience in refining business processes, customer relations, and database management. Cole Miller, NPDES Environmental Specialist, Ohio EPA, PO Box 1049, Columbus, OH 43216-1049 614-728-3846 cole.miller@epa.ohio.gov Cole graduated from the Ohio State University with a B.S. in Chemical Engineering. He started working for Ohio EPA in 2007 in the Division of Hazardous Waste Management. He became an inspector for the Division of Surface Water Central District Office in August 2010 and transferred to Central Office to focus on NPDES permit writing in March 2017. As an inspector, his primary duties included inspecting facilities with NPDES permits and investigating complaints received from the public

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Whitney Works eDMR/STREAMS Administrator Ohio EPA, Division of Surface Water

July 19, 2017

STREAMS

Surface Water Tracking, Reporting, Electronic Application Management System

An overview

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Goals for Presentation

Familiarity with eBusiness Center
How to set up an eBiz account
Retrieve a PIN
NOI overview, delegation and submittal
ePay
Not to memorize, but know me‐ “guide to resources”
hot cards, business card, helpful links

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STREAMS fully deployed Summer 2016
NPDES apps & renewal forms, NOI, NOT, transfers, mods
eReports (ex. annual sludge report, noncompliance, etc.)
Pre‐populated facility info from database
Data validation prior to submittal to ensure accuracy and completion
Electronic signature submittal with PIN
ePayment Service
Pay all fees immediately (or later) w/credit card or electronic check

All accessible with one eBusiness Center account

DSW Electronic Business Services (eBiz/EBS)

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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
No Exposure Applications
No Exposure Certification for Storm

Water Permitting

STREAMS

Surface Water Tracking, Reporting, Electronic Application Management System

Substantial time saved for both the regulated community and Ohio EPA/DSW

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Individual NPDES Applications

Form 1 – General Information (EPA 3510‐1)
Form 2A – Publicly Owned Treatment Works (EPA 3510‐2B)
Form 2B – Concentrated Animal Feeding Operations (EPA 3510‐2B)
Form 2C ‐ Manufacturing, Commercial, Mining & Silvicultural

Operations (EPA 3510‐2C)

Form 2D – Discharge Process Water (EPA 3510‐2D)
Form 2E – Do Not Discharge Process Water (EPA 3510‐2E)
Form 2F – Storm Water Industrial Activity (EPA 3510‐2F)
Form 2S – Sewage Sludge (Biosolids) Treatment (EPA 4497)
Application for Modification (EPA 4233)
Application for Transfer (EPA 4234)
Antidegradation Addendum

Pretreatment Applications

Indirect Discharge Application (EPA 4223)
Indirect Permit Transfer Application (EPA 4116)

Individual Permit Applications

new & renewal

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NPDES Non‐compliance Report
NPDES Sanitary Sewer Overflow Annual Report
NPDES Compliance Schedule Update Report
NPDES Municipal Separate Storm Sewer System Annual Report (MS4

Report)

NPDES Pretreatment Annual Report
NPDES Pretreatment Industrial Users Periodic Compliance Monitoring

Report

NPDES Pretreatment Generic Baseline Monitoring Report For

Categorical Standards

NPDES Biomonitoring Report Form Acute & Chronic Toxicity Test
NPDES Priority Pollutant Report
Annual Sewage Sludge Report

NPDES eREPORTS

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https://ebiz.epa.ohio.gov

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New eBusiness Center PIN

partnership with LexisNexis

Reduces PIN retrieval to minutes from 7‐10 days.
Online identity verification
Safe & secure authentication
Allows 3 attempts to use the online verification
Hard copy PIN process initiated by system if identity verification fails
If identity is verified, PIN appears on screen
Viewable while logged in
Can be used immediately across all services
PIN can be deactivated by account holder
New PIN can be obtained if compromised

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To obtain a PIN: Log in, Click MY ACCOUNT, Get New PIN

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Identity has been verified
PIN now available
Click MY Account , View PIN.

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Log in, click My Account, Activate PIN

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Creating a New NOI

Click Create New Permit Application

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40‐character limit

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Delegating an Application

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guidance available for submitting a delegated application

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Click Renew Permit

Renewing a Permit

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Guidance

http://epa.ohio.gov/dsw/ebs

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eBiz allows online permit application payments as soon as the

application is submitted…. or later by logging into your account and clicking the “Pay Ohio EPA fees” service.

Quick, easy, and secure
Pay instantly via credit card or electronic check
Decreases Agency review time by eliminating the fiscal workflow
f reconciling hard copy forms & checks.

ePayment Service

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ePayment Service Options

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CTRL+ F5 (clears browser cache)
Plan ahead and start early
Work from your permit list
Use the Guidance documents
Save application/report, Exit, Verify that is in dashboard,

take note of document ID #

Please contact with technical team with courtesy 

Helpful Hints

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eDMR/STREAMS/EBS Technical Support

Whitney Works eDMR/STREAMS Administrator Division of Surface Water 50 W Town St, Ste 700 Whitney.Works@epa.ohio.gov (614) 644‐2135

BUSINESS HOURS: Monday‐ Friday: 7:00 am– 5:00 pm eBusiness Center (PINS & Passwords): (877) 372‐2499

Jamie Roberts Data Systems Analyst Division of Surface Water 50 W Town St, Ste 700 James.Roberts@epa.ohio.gov (614) 644‐2054

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NPDES Permitting

Cole Miller NPDES Permit Writer Ohio EPA, Division of Surface Water July 19, 2017

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Outline

Programs
NPDES Program Updates
Inspections

– What to Expect – Notice of Violations / Resolutions

NPDES permit development

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What Does Surface Water Oversee?

National Pollutant Discharge Elimination System

(NPDES)

– Point sources

Sewage Plants
Industrial Facilities (Non‐Contact Cooling Water)
Other discharge of pollutants reaching state waters

– Storm water

Industrial based on Standard Industrial Classification (SIC)

Sectors such as scrap yards.

Construction sites which disturb more than 1 acre

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Surface Water Regulation 101 (cont.)

Permits‐to‐Install (PTI)

– Mainline sewer lines – Pump stations – Treatment plants or modifications to treatment plants

Indirect Discharges (industrial wastewater which

is directed to centralized sewers)

– Some POTWs have approved pretreatment programs that Ohio EPA regulates. – Other indirect dischargers are regulated directly by Ohio EPA.

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Surface Water Regulation 101 (cont.)

Wetland and stream modifications

– 401 Program – Army Core of Engineer regulates filling of wetlands/streams (404 Program)

Complaint investigations related to surface waters
Others:

– Biosolids – 208 – Regional planning – 319 – Nonpoint Source – CAFOs – Water Quality monitoring

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Program Updates

OAC Chapter 3745‐33 Ohio NPDES Permits Proposed

rule

– Treatment additive approval

Federal dental amalgam pretreatment rule

– Dental offices submit dental amalgam status – Install treatment technology in 3 years

Multi‐Sector General Permit Renewed

– Removes Comprehensive Site Inspections – Adds incentives for Encouraging Environmental Excellence awarded facilities

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Permit Application Submittals

Ohio EPA goal is to renew permits by expiration date.
Timely application submittal – 180 days prior to

expiration date. Needs: – Complete application – Submitted by responsible official – Flow and 2C data complete? – Correct SIC codes FEGs identified? – Calculations and diagrams complete? – Antidegradation?

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CWA § 316(b) – Intake Structures

Impingement
Entrainment
Facilities affected

– Existing Facilities

Withdraw > 2 MGD
At least 25% is used for cooling purposes
Permits expiring after July 14, 2018, need to submit full

application requirements.

– New facilities

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Impingement and Entrainment

Flow Direction Impinged = Stuck on screen Entrained = through screen and onto cooling process

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Inspection Process

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How Are Inspections Selected?

USEPA grant commitments
Minimum of once every 2 years for large permitted facilities
Minimum of once every 5 years for small facilities
Non-compliance will lead to more frequent inspections
Complaint investigations
Special inspection initiatives (dry cleaners, salvage yards,

storm water controls at construction sites) Inspections can be scheduled in advance or unannounced per division policy. Most complaint-driven inspections are unannounced.

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Before the inspection, have a plan

Who will talk to the inspector.
Have a camera that works. The inspector may take

pictures – you can request copies, too.

Know how you will describe your operations, wastes,

discharges, etc. to the inspector.

Know where environmental compliance records are kept.

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When the inspector arrives

Know why the inspection is being done.
Get inspector’s business card.
Tell the inspector about safety requirements of your

plant.

Answer the inspector’s questions. Don’t be
confrontational. Don’t guess or make things up. If you

don’t have an answer, say so.

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Surface Water Inspections

What do we look for?

– Assess compliance with terms and conditions of NPDES permit, indirect discharge permit, PTI, and Ohio law

– Changes or proposed changes in waste streams

More volume?
Change in chemistry?

– Treatment system modifications

Sampling?

– Rarely.

Problems?

– Please Communicate!

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Facility Walk Through

Expect a process‐based survey

– Material use, water use, and wastewater generation. – Conveyance systems – Treatment system – Ancillary operations such as sludge management.

Permit records
Sampling procedures
Stormwater management

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Exit Meeting

Compliance or violations found.
Measures to correct violations.
Areas requiring further information.
Compliance assistance information and

pollution prevention opportunities.

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After the Inspection

The company will receive a:

Compliance Letter

Means the company is meeting the requirements reviewed

during the inspection.

This does not mean compliance with all Ohio EPA

regulations, just the inspector’s division.

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After the Inspection

Or the company will receive:

Notice of Violation (NOV) Letter – A separate inspection letter may be issued as well

Description of violations.
What company needs to do to correct violations.
A timeframe to respond to the violations. Typically 30 days

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Common NPDES Violations

Failure to obtain permit
Failure to submit DMR or provide periodic sample

results

Exceeding Permit Limits
Failure to provide notification for exceeding permit

limits

Failure to ensure proper sampling (preservation, type,

method, records)

Failure to operate/maintain/calibrate wastewater

treatment equipment

Missing compliance milestones

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NOV Response

DO contact the inspector if:

You have questions about the NOV.
The facts in the NOV are wrong.
You don’t understand what you need to do to correct

violations.

You have questions on the enforcement process or need

more time to respond.

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NEW Notice of Resolution Process

An adequate response to the violations is

received by the District.

– Work diligently toward resolving each violation

GOOD Communication is key. Expect

continued follow up by District Staff until the NOV has been RESOLVED.

Once all of the violations cited in the NOV

have been resolved, you will receive a Resolution of Violation (ROV) Letter!

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Enforcement Escalation

No response to 1st NOV = 2nd NOV
The 2nd NOV will escalate up to Supervisor

and/or Manager to contact the facility.

If there is no response to a 2nd NOV, the

facility will be contacted by the District’s Upper Management.

We prefer to work towards compliance

instead of referring for enforcement.

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Things You Can Do…

Good communication is key. Contact us with

any questions or concerns.

If an NOV is issued, respond within the

required time frame

Start resolving violations immediately
Be Proactive not Reactive.
Communicate….Communicate….Communicate

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Compliance Assistance Resources

Customer Support Center:

http://ohioepa.custhelp.com/app/home

Office of Compliance Assistance and Pollution Prevention

(OCAPP) at (800) 329‐7518 or http://www.epa.ohio.gov/ocapp

Local district office: http://www.epa.ohio.gov/districts.aspx

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Permit Development

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NPDES Individual Permit Development

1. Receive Application
2. Completeness Review
3. Develop TBELs
4. Develop WQBELs
5. Develop Monitoring

and Reporting Requirements

6. Develop Special

Conditions

7. Incorporate Standard

Conditions

8. Prepare Fact Sheet
9. 14‐day Preview Period
10. Public Notice
11. Respond to Public and

EPA Comments

12. Issue Final Permit

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Application Form 2C

Part V‐A: All applicants

at all outfalls.

Part V‐B: All applicants

at all outfalls.

Part V‐C: Primary

industries at any outfall with process wastewater.

Part V‐D: If present in

discharge.

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Develop TBELs

Technology based effluent limits
EPA has developed effluent guidelines for 58

industrial sectors.

Current list of sectors with effluent guidelines can be

found at:

http://water.epa.gov/scitech/wastetech/guide/indus

try.cfm

40 CFR 401‐499.
FEGs must be met without the benefit of dilution,

and are often included at internal stations.

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Which FEG category applies?

Which category would you expect canmaking to fall under?

A. Aluminum forming
B. Coil coating
C. Metal finishing
D. Nonferrous metals manufacturing

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Answer: B. Coil Coating

40 CFR 465: Coil Coating Subpart A: Steel Basis Subpart B: Galvanized Basis Subpart C: Aluminum Basis Subpart D: Canmaking

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Which level of control applies?

BPT = Best Practicable Control Technology

Currently Available.

BCT = Best Conventional Pollutant Control

Technology.

BAT = Best Available Technology Economically

Achievable.

NSPS = New Source Performance Standards.
PSNS and PSES are for Indirect Dischargers.

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Develop WQBELs

Determine WQS
Characterize effluent and receiving water
Calculate parameters with mass balance
Apply Reasonable Potential

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Develop WQBELs ‐ WQS

WQS: Designated Uses

Aquatic Life
Water Supply
Recreation
Numeric and Narrative

Criteria

Antidegradation

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Effluent and Receiving Water Characterization

Mass balance

– Flow rates – Background water quality – Projected Effluent Quality (PEQs)

Downstream hardness for some metal WQS

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PEQ Example ‐ Barium

Projected effluent quality (PEQ) – Estimated

level of a pollutant in an effluent

Two methods of calculation but the target is:

– Method A

PEQ_max = Max_Result * f
PEQ_Ave = (Max_Result * f) * 0.73

– Method B

95th percentile of the dataset
95th percentile of the monthly averages

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PEQ Multipliers

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PEQ Example ‐ Barium

Case 1 Case 2 # of samples 2 12 Max Result (ug/L) 158 175 F Factor 3.8 1.6 PEQ Max (ug/L) 600 280 PEQ Ave (ug/L) 438 204 WQS_Ave (ug/L) 420 420 % of WQS 104% 49% Permit Result Limits No limits, monitoring likely

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Develop Monitoring and Reporting Requirements

Monitoring Conditions

‐ Location, frequency, sample collection

http://epa.ohio.gov/portals/35/guidance/per

mit2.pdf

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Develop Special Conditions

Special Studies

– Mixing zone, toxicity reduction evaluation (TRE), metal translators

Best management practices
Compliance schedules

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Standard Conditions

Part III

– Definitions – Non‐compliance notification

Part II Examples

– Outfall signage – Operator requirements – Notification to public water supply operators

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Fact Sheet

U.S. EPA requirement for issuance of majors
Must include:

– General Facility Information – Administrative Requirement – Summary of Permit Rationale – Detail of Permit Rationale

15 to >100 pages

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14 Day Preview Period

Historically, all parties reviewed a draft permit

during the public notice period.

Now, a 14‐day permittee review period of the

draft permit is being offered prior to public notice as a “preview”.

All communications during this review are

included in the public record.

Responses are prepared for any comments

received.

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Public Notice and Beyond

30 Day Public Notice Period
Plus 15 days to publish
Notice Given to:

– Applicant – US EPA – Interested Parties – Newspaper of Largest Circulation – Weekly Review – Ohio EPA Web

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Administrative Actions after Issuance

Permit Appeals
Modification
Permit Transfer

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NPDES Permitting & Compliance

The View From Outside Counsel...

Session C

July 19, 2017

William H. Haak

Haak Law LLC

HAAK LAW LLC