Workshop H Sur Surface W ace Water Compliance Initiativ r - - PDF document

Workshop H

Sur Surface W ace Water Compliance Initiativ r Compliance Initiatives, s, Notice of Violation (NO Notice of Violation (NOV) and R ) and Resolution solution

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Thur Thursda sday, July 25, 20 , July 25, 2019 19 8:45 a.m. t 8:45 a.m. to 1 10:1 :15 a.m. 5 a.m.

Biographical Information

Hope Manning, Senior Project Manager/Multi-Media Leader Environmental Quality Management, Inc. 1800 Carillon Boulevard, Cincinnati, Ohio 45240 513-742-7238 hmanning@eqm.com Hope has over 16 years of technical and compliance management experience in the environmental field in both consulting and industry. 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, and auditing. Currently Hope leads the Multi-Media group at EQM which is comprised of individuals who have expertise in air, water, SPCC, and EPCRA reporting. She is also the primary environmental auditor for EQM. Prior to her joining EQM in 2015, Hope was the Corporate Environmental Compliance Manager at Darling Ingredients, Inc., and was responsible for environmental compliance to federal, state, and local requirements for

• ver 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. Scott Sheerin, Compliance Coordinator, Ohio EPA, Division of Surface Water, Central Office 50 W. Town Street, Ste 700, Columbus, OH 43216 614-728-2397 scott.sheerin@epa.ohio.gov Scott has worked for the Ohio EPA, Division of Surface Water since August 2015 as a compliance coordinator in Central Office. His main responsibilities include coordinating with district offices to ensure statewide consistency in the compliance program and coordinating with the USEPA on federal compliance and inspection initiatives. Prior to working for the Ohio EPA, Scott worked as a consultant for over 10 years. During this time, his primary work included assisting facilities with industrial storm water compliance, SPCC compliance, Phase I and Phase II Environmental Site Assessments, underground storage tank (UST) closures, leaking UST remediation, and UST permitting and testing management. Scott is a graduate of The Ohio State University with B. S. in Natural Resource

• Management. In addition, he has an A.A.S. in Natural Resources from Hocking

College.

Biographical Information

Bill Palmer, Compliance Manager Ohio EPA, Division of Surface Water, Central Office 50 W. Town Street, Ste 700, Columbus, OH 43216 614-644-2031 william.palmer@epa.ohio.gov Bill has 25 years of experience working at Ohio EPA and started his career in 1988 as a criminal investigator in the Special Investigations Unit. This involved investigating environmental crimes in all program areas. Bill left the Ohio EPA in 1998 and worked for two years at the Wyoming Department of Environmental Quality as the Emergency Response Coordinator. Bill’s primary responsibilities included developing and managing the state’s spill response program. Bill returned to Ohio and worked for five years in the private sector as a Territory Manager for Chemtron Corporation. Bill’s responsibilities included expanding their waste disposal and industrial cleaning services to central and southern Ohio. Bill returned to Ohio EPA in 2004 and was Manager of the Special Investigations Unit for 12 years. Bill joined the Division of Surface Water in 2016 as the Compliance Manager working out of Central Office. Bill oversees the Division of Surface Water compliance program and works closely with USEPA and all Ohio EPA district offices. Bill is a graduate of the University of Wyoming with a B. S. in Fisheries Management from The University of Wyoming.

Workshop H – July 25, 2019 1

Surface Water Compliance Initiatives in Cooperation with U.S. EPA and the Ohio NOV Process and Proactive Methods to Avoid Them

Workshop H – July 25, 2019 2

• Bill Palmer, Compliance Manager,

Ohio EPA – Division of Surface Water

• Scott Sheerin, Compliance Coordinator,

Ohio EPA – Division of Surface Water

• Hope Manning, Senior Project Manager,

Multi-Media Group Leader, EQM

Presenters

Workshop H – July 25, 2019 3

Presentation Content

• U.S. EPA strategic plan for reducing

noncompliance

• Ohio EPA’s incorporation of initiative
• NOV/ROV procedures
• How Ohio EPA and industry can work together
• Proactive approach to avoid compliance

issues

Workshop H – July 25, 2019 4

Topics

• U.S. EPA initiatives
• Significant Noncompliance
• National Compliance Initiative (NCI)
• Ohio Significant Noncompliance Project

Workshop H – July 25, 2019 5

Bill Palmer

Central Office Manager Division of Surface Water

Workshop H – July 25, 2019 6

U.S. EPA Initiative

U.S. EPA’s (2018‐2022) Strategic Plan identified a new priority to increase compliance with environmental laws. Maximize compliance over the next five years by focusing on areas with significant noncompliance (SNC) issues.

Workshop H – July 25, 2019 7

U.S. EPA Initiative

U.S. EPA selected the Clean Water Act (CWA), NPDES as the first program because states and U.S. EPA now have fairly complete compliance data for permitted facilities.

Workshop H – July 25, 2019 8

U.S. EPA Initiative

Reduce the national rate of NPDES Significant Non‐ Compliance (SNC) by 50% by Federal Fiscal Year (FFY) 2022 29.4% to 14.7% U.S. EPA developed an Agency Priority Goal to Reduce the SNC rate to 25.7% by September 30, 2019

Workshop H – July 25, 2019 9

What is Significant Noncompliance (SNC)?

• Failure to submit a discharge monitoring report
• Failure to meet a permit compliance schedule

milestone

• Violations of formal enforcement actions
• Significant permit effluent violations

Workshop H – July 25, 2019 10

What is Significant Noncompliance (SNC)?

Permit effluent limit violations

• Violations Exceeding Technical Review Criteria
• 40% exceedance for conventional pollutants

(e.g. BOD, TSS, ammonia, oil and grease)

• 20% exceedance for toxic pollutants

(e.g. copper, cyanide, chlorine)

Trigger — Two or more months in a six-month period

• Chronic violations: any monthly effluent limit by

any amount.

Trigger — Four or more months in a six-month period

Workshop H – July 25, 2019 11

U.S. EPA Initiative

• In context of this new strategic priority to

increase NPDES compliance, U.S. EPA will measure success based on the results

• btained – the rate of permittees not in SNC.
• Increase the percentage of NPDES permittees

not in SNC with their permit limits to 85% from a baseline of 71%.

This is an approach to measurement that states have consistently proposed to U.S. EPA.

Workshop H – July 25, 2019 12

U.S. EPA Initiative

Accordingly, U.S. EPA has engaged states in developing tools and approaches for increasing compliance rates in the NPDES program. The goal of increasing the compliance rate for this program can be achieved only with substantial, collaborative effort on the part of the states and U.S. EPA, working together. U.S. EPA recognizes the role of authorized states in the NPDES program as the primary implementers and as critical players in the success of this effort.

Workshop H – July 25, 2019 13

U.S. EPA Initiative

Transition from National Enforcement Initiative (NEI) to National Compliance Initiative (NCI). The name is being changed to convey the message that increased compliance is the goal and enforcement actions are not the only tool for achieving this goal.

Workshop H – July 25, 2019 14

U.S. EPA Initiative

In the transition to NCIs, U.S. EPA wants to engage more fully with the states and enhance the full range of compliance assurance tools.

Workshop H – July 25, 2019 15

U.S. EPA Initiative

U.S. EPA plans to meet quarterly with states to discuss:

• The SNC rate and direction of the rate

(is it going down?)

• The root cause of the SNC and strategies

to reduce the rate

• The most serious SNC violators and

how they will be addressed

Workshop H – July 25, 2019 16

Ohio SNC

State Permits in SNC Permit Universe % SNC Rate Effluent violations Schedule violations Non Receipt DMRs OHIO 569 3,245 17.5 146 109 314 Region 5 1110 8,023 13.8 368 155 584

Ohio has 40% of the permit universe in all of Region 5

(Region 5 consists of: Ohio, Indiana, Illinois, Michigan, Wisconsin, and Minnesota)

Workshop H – July 25, 2019 17

Ohio SNC

Effluent SNC 4.50% Non submittal SNC 9.68% Schedule SNC 3.36% Not in SNC 82.47% Permits in Ohio Universe

Workshop H – July 25, 2019 18

Ohio SNC

Effluent 25.66% Non submittal 55.18% Schedule 19.16% Ohio SNC

Workshop H – July 25, 2019 19

Ohio SNC

33% 53% 14%

Region 5 SNC

Effluent Non submittal Schedule

Effluent 33.15% Non submittal 52.61% Schedule 13.96% R5 SNC

Workshop H – July 25, 2019 20

Ohio SNC

Common reasons for noncompliance: 1) The operator doesn’t understand principles of wastewater treatment we can train the operator 2) The design is deficient we can figure out work arounds 3) The administration doesn’t support the

• perator needs

this is what enforcement is for…

Workshop H – July 25, 2019 21

Ohio SNC

Common attitudes of operators/owners: “I don’t give a _____ !” “It costs too much!” “We’ve tried everything!” It is possible to work with these attitudes. “well, maybe enforcement” “compliance is cheaper” “grasping at straws”

Workshop H – July 25, 2019 22

Ohio SNC

• What are the issues leading to SNC?

Big Picture Types of violations, facilities, locations Broad outreach

• Details

Site-specific data Individual outreach

Workshop H – July 25, 2019 23

Ohio SNC

Big Picture Review of SNC data What are the problems? Where are the problems? What is the most effective solution?

Workshop H – July 25, 2019 24

22 61 17 23 6 39 7 1 3 1 4 8 1 109 4 36 3 59 17 24 44 3

20 40 60 80 100 120 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Violations

Type Facility SNC April - October

Semi Public < 0.05 MGD Municipal 0.1 to 0.5 MGD

Mobile Home Park

Workshop H – July 25, 2019 25

Ohio SNC

Type “R” Semi Public < 0.05 MGD Who are they? 4-H/FFA camps Restaurants Marinas Schools Small Manufacturing Motels Bars/Taverns Churches Might require more “hand holding.”

Workshop H – July 25, 2019 26

Ohio SNC

Type “R” Semi Public < 0.05 MGD What are their issues?

Workshop H – July 25, 2019 27

145 89 74 53 38 31 27 8 1

20 40 60 80 100 120 140 160 NH3 TSS Chlorine

• E. Coli

Fecal CBOD5 T Phosp pH O&G

Violations

SNC April - October Issues: Ammonia 31% Issues: Ammonia 31% TSS 19% 50% Issues: Ammonia 31% TSS 19% Disinfection 35% 86%

Workshop H – July 25, 2019 28

Ohio SNC

Type “R” Semi Public < 0.05 MGD Where are they?

Workshop H – July 25, 2019 29

2 18 21 1 5 10 15 20 25 SEDO SWDO NWDO NEDO CDO

Violations

Semi Public < 0.05 MGD NH3-N violations by district

Workshop H – July 25, 2019 30

Questions?

Bill Palmer

Central Office Manager Division of Surface Water

william.palmer@epa.ohio.gov 614-644-2031

Workshop H – July 25, 2019 31

GOOD MORNING EVERYONE!!

Scott Sheerin

Compliance Coordinator, Ohio EPA Central Office ITEMS I WILL COVER…

• Notices of Violation Process - What to expect
• Proactive Compliance effort – Keys to Compliance (K2C) Sheets

Ask questions at any point!

NOTICES OF VIOLATION

What to Expect From

Issuance Resolution

Workshop H – July 25, 2019 33

Common Violations - Wastewater

• Failure to submit DMR – Due by the 20th of the month
• Non-Submittal Notice Letter
• Exceeding Permit Limits
• Preliminary Compliance Report (PCR) Letter
• Failure to meet permit schedule/compliance

milestones

• Failure to renew NPDES permit in a timely fashion

– No later than 180 days prior to expiration!

Workshop H – July 25, 2019 34

Common Violations – Storm Water

• No Storm Water Plan (SWP3)
• SWP3 not updated or correct
• Failure to implement Best Management

Practices (BMPs)

• Failure to conduct required sampling (if

applicable)

Workshop H – July 25, 2019 35

Notice of Violation (NOV) Process

• IF you receive an NOV:
• Respond in the required timeframe – Usually 30 days
• Work diligently toward resolving each violation
• Keep up open communication with district contact
• Expect continued follow up by district staff

until the NOV has been completely RESOLVED

• If you have questions – ASK!

Workshop H – July 25, 2019 36

Workshop H – July 25, 2019 37

Notice of Violation (NOV) Process

• No response to 1st NOV or forward

movement stops = 2nd NOV

• If there is ultimately no response to a 2nd

NOV, OR forward movement toward resolution stops = High Level Meeting!

• THIS COULD BE YOUR LAST CHANCE

PRIOR TO ENFORCMENT!

• Enforcement is our last option!

Workshop H – July 25, 2019 38

Notice of Violation (NOV) Process

Once all violations cited in the NOV have been resolved: Resolution of Violation (ROV) Letter

Workshop H – July 25, 2019 39

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

Workshop H – July 25, 2019 40

Workshop H – July 25, 2019 41

Workshop H – July 25, 2019 42

Final Thought

We want to help you maintain compliance!

To quote Jerry McGuire:

Workshop H – July 25, 2019 43

Questions?

Scott Sheerin

Compliance Coordinator Division of Surface Water

scott.sheerin@epa.ohio.gov 614-728-2397

Workshop H – July 25, 2019 44

How to avoid enforcement

• Wastewater
• Stormwater

Workshop H – July 25, 2019 45

How to avoid enforcement

• Read your permit
• Deconstruct
• Tasks (must, will, shall)
• Reporting
• Triggering event
• Color Code

Workshop H – July 25, 2019 46

How to avoid enforcement

• Do your permit requirements:
• Sample when needed
• Inspections
• Plans (generate or modify)

Workshop H – July 25, 2019 47

Sampling Requirements

• Wastewater
• Frequency
• Quarterly
• Annually,
• Geometric Mean??
• Grab versus

Composite

• Composite flow based
• r time based
• Where samples

should be?

• Stormwater
• Frequency
• Exemptions for sever

weather?

• Prior to comingling
• Check on if sheet flow

sampling is required

Workshop H – July 25, 2019 48

Sampling Requirements

• Once you have the data, now what?
• Review of data
• QA/QC data
• If exceedance, then what?
• Trending analysis

Workshop H – July 25, 2019 49

Inspections

• Wastewater
• Visual inspection
• Outfall and discharge?
• Equipment

Inspections?

• Stormwater
• Visual inspection
• Outfall and discharge?
• Discharge only?
• Drainage area?
• SWPPP Inspections?

Workshop H – July 25, 2019 50

Plans

• Wastewater
• Know when to update

Plans

• Slug Plans
• Physical Change?
• Drum moves
• Storage Location

Moved

• Procedural Change?
• New process

line?

• New exterior

storage area?

• Increase
• perations to

24/7?

• New chemical?
• Stormwater
• Within 6 months of a

physical or procedural change

• Physical Change?
• Drum moves
• Earth Work
• Storage Location

Moved

• Procedural Change?
• New process line?
• New exterior storage

area?

• Increase operations

to 24/7?

Workshop H – July 25, 2019 51

SWPP Plans

• Sections to review
• Narrative description of potential pollutant sources

and BMPs

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

Workshop H – July 25, 2019 52

SWPP Plans

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

not, what is?

Workshop H – July 25, 2019 53

Best Management Practices (BMPs)

Workshop H – July 25, 2019 54

BMP – Drain Sock Filter

Workshop H – July 25, 2019 55

BMP - Booms

Workshop H – July 25, 2019 56

BMP – Hay Bales

Workshop H – July 25, 2019 57

Green BMPs

Pervious Pavement Constructed Wetlands Tree Boxes

Workshop H – July 25, 2019 58

Reporting

• DMRs
• Fill out completely
• Make sure your DMR references your permit.
• Has correct analytes
• Has correct frequency
• Has daily and monthly averages
• Enter all data
• Fill out every line completely
• If you don’t have the data indicate this
• If there is no discharge indicate this.

Workshop H – July 25, 2019 59

Corrective Action Triggers

• Unauthorized release or discharge
• Violation of numeric effluent limit
• An inspection finds control measures not

properly operated & maintained

Workshop H – July 25, 2019 60

Corrective Actions

It’s ok to document problems

Routine Inspection Discover Problem Fix Problem Document Fix Back to Operation

Workshop H – July 25, 2019 61

Avoid Enforcement

• Say what you do & do what you say
• Document what you do right & what is

wrong

• Document your fixes to close the loop

Workshop H – July 25, 2019 62

Questions?