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SW 101 or

Learning to Swim in the

NPDES Storm Water Program

Brent Larsen

EPA Region 6

8th Annual Region 6 MS4 Operators Conference

June 26, 2006

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Purpose of SW101

Review the NPDES Phase I Storm Water Program

Review the NPDES Phase II Storm Water Program

Illustrate Phase I and Phase II Integration

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Terms to Know

NPDES - National Pollutant Discharge Elimination System CGP – Construction General PermitMS4 – Municipal Separate Storm Sewer SystemSWMP – Storm Water Management ProgramSWP3 or SWPPP – Storm Water Pollution Prevention PlanBMP – Best Management PracticeNOI – Notice of IntentNOT – Notice of TerminationTMDL – Total Maximum Daily LoadESA – Endangered Species ActNHPA – National Historic Preservation ActSHPO/THPO – State or Tribal Historic Preservation Officer

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WHY ARE WE HERE?

CLEAN WATER!

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8American Fisheries Society Web Site www.fisheries.org

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What is storm water?

Runoff from natural precipitation, such as rain events and snow melt and other surface runoff and drainage

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Is there a problem?

According to 2000 305b report, of the 32% of the nation’s waters that were assessed, 40% were impaired: Rivers & Streams: 19% assessed, 39% impaired,

11% of impairment due to urban runoff/storm sewers Lakes & Ponds: 43% assessed, 45% impaired, 18%

of impairment due to urban runoff/storm sewers Estuarine: 36% assessed, 51% impaired, 32% of

impairment due to urban runoff/storm sewers Shoreline miles >50% of are impaired due to urban

runoff/storm sewers

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Why is Storm Water a Problem?

Developed and disturbed land contributes to problemsQualityQuantity

Other pollutants enter storm sewer systems and pollute storm water Illicit discharges Illicit connections

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Storm Water Pollutants

SedimentNutrientsBacteriaOxygen DemandOil and GreaseTrace MetalsToxic ChemicalsChloridesThermal Impacts

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Imperviousness and Water Quality

Consequences of impervious land coverageReduced infiltration of rainwater Increased runoff volumes and velocityCollects and concentrates pollutants Increases ambient air and water

temperature

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Imperviousness vs. Storm Water Runoff

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Changes in Hydrology After Development

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Regulatory Hierarchy

Policy and Guidance

NPDES Perm its(E P A , S ta tes )

Code of Federal Regulations(E P A )

Clean W ater Act(C on g ress )

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Established NPDES, pretreatment, and construction grants programs Permits are a privilege – not a right Effluent limits must be both technology- and water

quality-based Maximum duration is 5 years Provided for State programs Established significant penalties for permit violations

Federal Water Pollution Control Act Amendments of 1972

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Clean Water Act of 1977

Shifted focus from conventional

pollutants to toxic pollutants

Continued focus on industrial and

municipal wastewater

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Water Quality Act of 1987

Specifies storm water permitting requirements

Established nonpoint source grant program

Increased penalties for noncompliance

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NPDES Statutory Framework

All “point” sources

“Discharging pollutants”

Into “waters of the U.S.”

Must obtain an NPDES permit from EPA or an authorized State

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NPDES Permit ProgramNPDES Permit Program

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A “Point” of Confusion:Point Source vs. Nonpoint

SourcePOINT source Discharge from a discrete point into waters of the

U.S. Travels through a conveyance system Regulated under NPDES permit program

NONPOINT source Runoff that is not a point source Largely a voluntary program at the Federal level

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Waters of the United States40 CFR §122.2

All waters currently used, used in the past, or susceptible to use for interstate or foreign commerce including all waters which are subject to the ebb and flow of the tide…

Examples of “Waters of the US” include:

- rivers and streamsrivers and streams

- lakes and pondslakes and ponds

- tributariestributaries

- wetlandswetlands

- sloughssloughs

- playa lakesplaya lakes

- territorial seasterritorial seas

- others...others...

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Storm Water Regulatory History

Storm Water Phase I Final RuleNovember 16, 1990

Transportation Act of 1991

Response to the 9th Circuit Court

Decision: December 18, 1992

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Storm Water Regulatory History

Storm Water Phase II Final Rule December 8, 1999 Addresses other sources to protect water quality

Developed over four years with assistance from a Federal Advisory Committee

Over 500 public comments received on proposed rule

Largely upheld by 9th Circuit and Supreme Court

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How is Storm Water Regulated Under the NPDES

Program?Phased approach to regulationPhase I: Regulated discharges from MS4s

and industrial activityPhase II: Regulated discharges from small

MS4s and small construction

Issuance of permits to regulated dischargers

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What does Phase I cover?

11 categories of Industrial Activity Including construction disturbing at least 5 acres

Large and Medium Municipal Separate Storm Sewer Systems (MS4s) serving a population of at least 100,000

Other sources as designated

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What does Phase II cover?

Small construction disturbing at 1-5 acres

Regulated Small Municipal Separate Storm Sewer Systems (MS4s)

Other sources as designated

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Universe of NPDES Facilities

Municipal and Industrial Sources(60,000)

Stormwater Phase II(200,000)

CAFOs(15,000)

Stormwater Phase I(300,000)

1972 1977 1982 1987 1992 1997 2002

0

100

200

300

400

500

600

thousands

Storm water facilities represent 75% of NPDES universe!

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Expected Benefits of SW Program

Enhanced commercial, recreational and subsistence fishing

Enhanced opportunities for swimming, boating and noncontact recreation

Reduced flood damage

Drinking water benefits

Navigational benefits

Reduced illness from consuming contaminated seafood and swimming in contaminated water

Enhanced aesthetic value

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Types of NPDES PermitsIndividual 1 application submitted --> 1 permit issued

General 1 permit issued --> many applications submitted Issued on an area-wide (State, watershed, etc.) basis Available when:

Same or similar operations Discharge same wastes

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Permit Issuance Process

F in a l P erm it

A d m in is ta tive R ecord

P u b lic N o tice an dP u b lic C om m en ts

P erm it an d F ac t S h ee tD eve lop m en t

P erm it A p p lica tion

N otice o f In ten tto b e C overed

F in a l P erm it

A d m in is tra tive R ecord

P u b lic N o tice an dP u b lic C om m en ts

P erm it an d F ac t S h ee tD eve lop m en t

In d en tify N eed an dC o llec t D a ta

IndividuaIndividuall

GeneraGenerall

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Permitting Approach:Statutory RequirementsIndustrial PermitsAchieve BAT/BCT and WQS

MS4 PermitsMay be issued on a system-wide basisEffectively prohibit non-storm water

dischargesReduce pollutants to MEP

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Permitting FrameworkEmphasis on pollution preventionMS4 storm water management plan Industrial and construction storm water pollution

prevention plans

Opportunity to develop priorities based on case-specific factors

Allows system/jurisdiction wide permits

Recognizes industry specific characteristics

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Who are the Permitting Authorities for the Storm Water

Program?

45 States and one Territory serve as PAs for the NPDES Storm Water Program

Non-delegated States where EPA is the PA include: AK, ID, MA, NH, and NM

EPA still issues permits on Indian land and for Federal facilities in some authorized States and for some discharges in OK & TX

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NPDES permits are federally enforceable

Violators subject to federal and state enforcement actions and penalties

Compliance with a permit issued pursuant to Section 402 deemed compliance with the Clean Water ActExpedited Settlement Offers (ESOs) being used by EPA enforcement for certain discharges

Enforcement

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Storm Water is just a piece of the Water Quality

Puzzle

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Water Quality Standards (WQS)

Set by States, Territories, and Tribes.

Identify the uses for each waterbody e.g., drinking water supply, swimming, or fishing, and the scientific criteria to support that use.

WQS provide goals for water quality restoration and protection

http://www.epa.gov/ost/standards/

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Effluent Guidelines

Provide national, minimum discharge standards for over fifty major industries

Implemented through NPDES permits

http://www.epa.gov/ost/guide/

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Sanitary Sewer Overflows

Discharges of raw sewage from municipal sanitary sewer systems

Occur due to problems such as limited capacity and infiltration

http://www.epa.gov/owm/sso.htm

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Combined Sewer Overflows

Combined Sewer Systems are not addressed by SW program

CSS serve roughly 950 communities with about 40 million people

CSOs contain not only storm water but also untreated human and industrial waste, toxic materials, and debris

http://www.epa.gov/owm/cso.htm

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Total Maximum Daily Load (TMDL) Program

A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources.

http://www.epa.gov/owow/tmdl/

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Nonpoint Source (NPS) Management Program

NPS Program encourages voluntary adoption of BMPsSection 319 provides grant funds to States, Territories and Indian TribesCoastal Nonpoint Pollution Control Program addresses NPS problems in coastal watershttp://www.epa.gov/owow/nps/

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Where can I get more information?

www.epa.gov/region6/sws

www.epa.gov/npdes/stormwater

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You can order The Ye Olde 96er, a SIX POUND burger at Denny’s Beer Barrel Pub. Source: Seattle News (Caption from picture, EPA neither endorses nor recommends and particular company or product)

Just take it one bite at a time!