Stormwater Surveys For Developers, Contractors, Cities and States

US EPA is proposing a survey in advance of rulemaking related to stormwater permits and permit requirements.

EPA plans to propose a rule to control stormwater from newly developed and redeveloped sites and to take final action no later than November 2012. In support of this rulemaking, EPA is proposing to require three different groups to complete questionnaires about current stormwater management practices:

• Owners, operators, developers, and contractors of newly and redeveloped sites;
• Owners and operators of municipal separate storm sewer systems; and
• States and territories.
  

The proposed survey will be open for public comment for 60 days following publication in the Federal Register.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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Polyaromatic Hydrocarbon (PAH) in Sealants - Stormwater Impact Studies

Collaborative studies by the City of Austin, TX, and the U. S. Geological Survey have identified coal-tar based sealcoat as a major and previously unrecognized source of polycyclic aromatic hydrocarbon (PAH) contamination. Several PAHs are suspected human carcinogens and are toxic to aquatic life.

Studies in Austin, Texas, showed that particles in runoff from coal-tar based sealcoated parking lots have concentrations of PAHs that are about 65 times higher than concentrations in particles washed off parking lots that have not been sealcoated. Biological studies, conducted by the City of Austin in the field and in the laboratory, indicate that PAH levels in sediment contaminated with abraded sealcoat are toxic to aquatic life and are degrading aquatic communities.

This research has led the City of Austin to ban the use of coal-tar sealants for roads, parking lots, driveways, and other paved areas.

Caltha LLP assists private and public sector clients in evaluating potential stormwater pollution sources and developing cost effective stormwater pollution prevention programs to minimize their environmental impacts.

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Non Stormwater Discharge - Illicit Discharge Prohibition – Basis in Clean Water Act

Most stormwater discharge permits included sections discussing the prohibition on non stormwater discharges. Municipal stormwater permits (MS4 permits) also refer to “illicit discharges”; illicit discharges are equivalent to non stormwater discharges. The municipality must develop programs to detect illicit discharges and to eliminate illicit discharges from entering their system.

Stormwater discharge permits address the discharge of stormwater; so why do stormwater permits also address non stormwater discharge? The answer is in the original “Clean Water Act” passed in 1972. One of the most controversial requirements of the Act was a prohibition on all discharges to the waters of the US unless it was covered under a National Pollution Discharge Elimination Systems (NPDES) permit (the NPDES program was also developed under the Act), or was otherwise specifically allowed. This prohibition was so controversial that Congress had to override a veto of President Richard Nixon to pass the Clean Water Act with this requirement.

Unlike other environmental acts, such as RCRA or Clean Air Act, the Clean Water Act does not recognize a “deminimis” discharge. Any discharge to the Waters of the US must be specifically permitted, no matter how small.

Therefore, the prohibition of “non stormwater discharge” simply reinforces a requirement stemming directly from the Clean Water Act. However, in order to allow certain low risk discharges, stormwater discharge permits will also typically list specific “allowable non stormwater discharges”, again to comply with the intent of the Act. Without being specifically allowed, these types of discharges would also be prohibited without an NPDES permit.

Caltha LLP assists facilities in addressing their requirements under State and Federal stormwater and wastewater rules. Click here to request further information on Stormwater and SWPPP Services.

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Stormwater Effluent Limits For Industrial - MS4; Are These Next?

US EPA has recently proposed effluent limits for stormwater discharges from larger construction sites. [Read more about Construction Stormwater Discharge Limits]. This has prompted many industrial and municipal stormwater permitees to speculate on whether or not similar effluent limits will be proposed under Multi-sector General Permits (MSGP) or MS4 permits.

The simple answer is that almost anything is possible.

However, the establishment of construction site effluent limits has some important differences that may not allow easy transfer of the same effluent limits to industrial or MS4 permits.

1. Effluent limits are based on a specific stormwater treatment method that is added to the stormwater treatment pond requirements for smaller sites. Without the requirement to install a pond, the additional treatment may not be economically-feasible. Unless specific structural BMPs, like ponds, are required for industrial or MS4 dischargers, it would be difficult to translate the construction site effluent limits. Because of the nature of industrial and MS4 discharges, requiring treatment ponds would be difficult.


2. In general, the variety of activities and stormwater handling practices associated with industrial and MS4 discharges will be significantly broader compared to construction sites. Therefore, again, translating the proposed effluent limits to industrial and MS4 dischargers would be difficult.

Given these factors, it may be difficult to demonstrate that similar Best Available Technology used to calculate effluent limits for construction site discharges could be equally applied to other types of discharges.

Caltha LLP provides expert technical support in permitting and compliance with State and Federal stormwater permits. To request a quote of services on-line, go to Caltha Stormwater Quote Page.

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New North Carolina (NCDENR) Stormwater Rules for Discharges to Sensitive Water

New Division of Water Quality stormwater rules became effective October 1, 2008 in North Carolina for coastal areas which drain to shellfishing areas or other high value water resources. The new rules regulate new development and redevelopment projects. The major areas for change are 1) coverage (non-residential), 2) low density thresholds, 3) design storm requirements, 4) wetlands and impervious surface calculations, and 5) vegetative buffer size.

In areas within one-half mile of shelling fishing areas, percent impervious cover must be <12%>MS4 stormwater discharge permits as they are reissued.

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Municipally-owned Industrial Facilities – Requirement for Separate Stormwater Permit

With the exception of power plants, airports, and uncontrolled sanitary landfills, stormwater discharges associated with specific industrial activities at facilities owned or operated by municipalities with populations of less than 100,000 had been temporarily exempted from the need to obtain coverage under an NPDES industrial storm water permit.

However, under the provisions of the NPDES Stormwater Program Phase II Final Rule, these industrial facilities now may require permit coverage. These permit requirements are separate, and are in addition to, the requirement for designated municipalities to obtain coverage for their storm water discharges under the general permit for stormwater discharges from regulated small Municipal Separate Storm Sewer Systems (MS4s) (i.e., Phase II or MS4 Permit).

Some municipalities may own or operate one or more industrial facilities that are likely to require permit coverage for their storm water discharges. Some examples include:

• Sand and Gravel Operations
• Landfills, Land Application Sites, and Open Dumps
• Recycling Facilities
• Steam Electric Generating Facilities
• Marinas
• Waste Collection and Hauling
• Motor Freight Transportation and Warehousing
• Municipal Airports
• Wastewater Treatment Works

As more small municipalities become subject to MS4 permits, they are reviewing operations to determine if additional permit coverage under an industrial stormwater permit is required. Regardless of the requirement for additional coverage under an industrial permit, these municipal operations need to be evaluated and addressed under the MS4 stormwater pollution prevention program.

Caltha LLP provides technical support to MS4 permitees and/or their municipal engineers nationwide to assess operations and determine permit applicability. Contact Caltha LLP for further information on assessing municipally-owned industrial operations to determine applicability.

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Incorporating Stormwater into TMDL – Recent EPA Guidance

Stormwater discharges can contribute to the impairments to lakes and rivers. Once a waterbody is listed as impaired (i.e., identified in State 304(d) list), States are required to develop a Total Maximum Daily Load analysis (“TDML study”) to determine the maximum load of the pollutant to the waterbody which will still result in the water body meeting it water quality standards. Nonpoint pollution sources, such as stormwater discharges, are one element of this analysis. The point sources, which are primarily NPDES permitted discharges of wastewater are the second element of this analysis.

Stormwater sources which are regulated under NPDES permits require special consideration. Although generally considered part of the nonpoint pollution source category, they are also subject to the requirements of an NPDES permit.

On November 17, 2008, US EPA made available a DRAFT guidance document “TMDLs to Stormwater Permits”. EPA developed this handbook to address challenges that are unique to TMDL development and implementation involving permitted stormwater discharges from municipal separate storm sewer systems (MS4s), industrial facilities, and construction activities. The 211-page handbook is intended for federal and state TMDL writers and NPDES stormwater permit writers responsible for addressing waterbodies impaired by discharges from stormwater sources.

The draft handbook provides:

• General regulatory information on stormwater NPDES permits and TMDLs
• Discussion of opportunities to coordinate TMDLs and stormwater permits
• Guidance on evaluating stormwater contributions to impairments
• Guidance on development of TMDLs with significant stormwater sources
• Guidance on implementing coordinated TDML and stormwater permit programs
  
  

The handbook also includes excerpts from regulatory programs from ten different States that relate to the coordination between TMDL and stormwater permitting programs.

The draft handbook was released for public review and comments. Interested parties can submit comments on the handbook until February 17, 2009.

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