construction permitting and 2011 effluent limitations
TRANSCRIPT
Construction Permitting and 2011
Effluent Limitations
Presentation To:
76th Annual KSPE Convention
April 27, 2011
Today’s Outline
• Requirements of the 2009 Re-issuance of the
Construction General Permit
• 12/1/2009 Federal Construction ELGs and
New Source Performance Standards - Status
• Existing Construction Requirements in Phase
1 and Phase 2 Municipal Separate Storm
Sewer Systems (MS4s)
• Federal Standards to be proposed for Post
Construction
Antidegradation Requirements – General Permits
• 401 KAR 10:030 Section 1(3)(b)2a
• May require:
– Additional analyses
– Additional control measures
– Or other conditions
• Describe in Fact Sheet how general permit
complies with the antidegradation requirements
• Notify public of activities granted coverage under a
general permit using Cabinet Webpage
Antidegradation Requirements – General Permits
• Additional Control Measures
– Buffer Zones
– Minimize disturbance and duration of disturbance
– Control measures manage storm events up to
and including a 2-year, 24-hour event
ELIGIBILITY CHANGES
• Existing exclusions
– Exceptional Waters
– Outstanding National Resource Waters
– Outstanding State Resource Waters
– Subject to an existing individual KPDES permit or
application
– Subject to a promulgated storm water effluent guideline or
standard
– Determined to be or may reasonably be expected to be
contributing to a violation of a water quality standard or to
the impairment of a 303(d) listed water
ELIGIBILITY CHANGES
• Revised exclusions
– Cold Water Aquatic Habitats (CAH)
– Exceptional Waters
– Outstanding National Resource Waters
– Outstanding State Resource Waters
– Sediment Impaired Waters with an approved
TMDL
– Has an individual permit with a BMP Plan
requirement
PERMIT REQUIREMENTS
Stormwater Pollution Prevention Plan (SWPPP)
Minimize Size and Duration of Disturbance
Stabilization
Buffer Zones
SWPP Plans
• Permittee develop & implement prior to commencement of construction activities
• Include erosion prevention measures, sediment control measures & site management practices to prevent discharge of pollutants and minimize impacts
• Measures and practices selected shall be based on site-specific conditions
• Installed and maintain to effectively minimize discharges from storm events up to and including a 2-year, 24-hour event
SWPP Plan Elements
• Site Description
• Site Map(s)
• Description of other industrial activities
• Documentation of Stormwater Controls
• Maintenance of Stormwater Controls
• Non-Stormwater Discharge Management
• Inspections – Permittee Conducted
• Maintaining an Updated Plan
• Signature, Plan Review & Making Plans Available
SWPP Plan – Maintenance of Stormwater Controls
• Controls are to maintained in an effective operating
condition
• USEPA recommends sediment control devices be
maintained at no more 1/3 capacity
• Maintenance shall be conducted if practicable before
the next storm event for controls or management
practices that are failing or require maintenance
SWPP Plan – Permittee Inspections
• Regular inspections – Once every 7 days
– Once every 14 days and within 24 hours of any storm event of 0.5 inches or greater
• Inspectors – Knowledgeable & skilled in assessing site conditions &
effectiveness of measures & management practices
– Training in stormwater construction management • KEPSC, CEPSC, CPSWQ, TNEPSC, CESSWI
• Or other similar training
– Prepare & retain reports on all inspections
Stabilization Requirements
• Final Stabilization
– Permanently ceased initiate within 14 days of
date of cessation
– Suspended for 180 days or more initiate as soon
as practical but no later than 14 days after the
180th day of suspended activity
• Temporary Stabilization
– Within 14 days of the date of temporary cessation
Buffer Zone
• Buffer Zone required between edge of water
body and any disturbance
– High Quality & Impaired (Non-construction
related) maintain a 25 foot buffer zone
– Impaired (Sediment, no TMDL) maintain a 50 foot
buffer zone
– If cannot be maintained adequately protective
alternative practices may be employed
– SWPPP shall explain any alternate practice &
how it is adequately protective
Buffer Zone
• Edge of Receiving Water is defined as bankfull
elevation of a water of the Commonwealth
Federal ELG Timeline
• On 12/01/09, EPA promulgated effluent guidelines and new
source performance standards for discharges from
construction sites. Final Rule Effective 2/1/2010
• New rule requires construction sites to implement erosion
and sediment controls and pollution prevention measures.
• Phase-in requirement for sites to sample stormwater
discharges and comply with a numeric limit of 280 NTUs.
– Beginning 08/01/11, sites disturbing 20+ acres
– Beginning 02/02/14, sites disturbing 10+ acres
• Three industry groups filed court challenges to the effluent
guidelines
• The cases were consolidated into the U.S. 7th Circuit Court
of Appeals in Chicago
Federal ELG Timeline (Cont.)
EPA has discovered that the data used to derive the numeric
turbidity limit were misinterpreted.
– Proper interpretation of this data will likely result in a different numeric
limitation than was promulgated.
• On 9/20/10, the 7th Circuit issued an order holding the case
in abeyance pending EPA’s reconsideration of the limit.
• Effective 01/04/11, the numeric limit and associated
monitoring requirements are stayed.
• EPA intends to issue a draft revised numeric limit as soon as
possible (anticipated early summer 2011).
• Also see
http://water.epa.gov/scitech/wastetech/guide/construction/
Construction Site Stormwater Runoff
Within MS4 Control
Permittee shall implement and enforce an
ordinance or other regulatory mechanism
that addresses stormwater runoff from
active construction sites that disturb one
acre or more, and active construction sites
less than one acre in size that are part of a
larger common plan of development or
sale, located within the MS4 upon
issuance of this permit.
Construction Site Stormwater Runoff
Within MS4 Control
The ordinance or other regulatory
mechanism shall include, at a minimum:
– Requirements for construction site operators to implement
appropriate erosion and sediment control best management
practices (BMPs) that, at a minimum, shall be as protective as
Kentucky’s General Permit for Stormwater Construction sites
(KYR10 permit).
– Requirements for construction site operators to control waste
such as discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that
may cause adverse impacts to water quality.
Construction Site Stormwater Runoff
Within MS4 Control • Permittee shall develop, implement, and enforce a program to reduce
pollutants in stormwater runoff from active construction sites. The program to be implemented shall include, at a minimum:
– A permitting process with plan review to affirm compliance with local
ordinances, inspection, and enforcement capability for all projects subject to this program.
– Procedures for periodic inspections of all known permitted construction sites during construction to verify proper installation and maintenance of required erosion and sediment controls. A recommended level of effort for periodic inspections should be all active sites monthly and all new sites within two (2) weeks after initiation of land disturbance. Enforcement shall be conducted as appropriate based on the inspection results.
– Development and implementation of an enforcement strategy that includes escalating enforcement remedies to respond to issues of non-compliance.
Current Requirements for MS4 Communities in
Kentucky for Post Construction in New
Development and Re-Development
Post-Construction Stormwater Management in New
Development and Redevelopment
Current MS4 programs shall implement and
enforce an ordinance or other regulatory
mechanism that addresses post-construction
stormwater runoff from active construction sites
that disturb at least one acre, and projects less
than one acre that are part of a larger common
plan of development or sale, located within the
MS4.
Post-Construction Stormwater Management in New
Development and Redevelopment
• The permittee shall develop a locally derived water-quality treatment standard that requires new development projects to implement controls to manage runoff through water-quality control structures.
• The standard shall be based, at a minimum, on an analysis of precipitation records to determine the equivalent surface depth of runoff (e.g. 0.75 inches) produced from an 80th percentile precipitation event.
Post-Construction Stormwater Management in
New Development and Redevelopment
The proposed local standard will require, in
combination or alone, management
measures that are designed, built, and
maintained to treat, filter, flocculate, infiltrate,
screen, evapo-transpire, harvest and reuse
stormwater runoff, or otherwise manage the
stormwater runoff quality.
Post-Construction Stormwater Management in New
Development and Redevelopment
Within twelve (12) months of the effective date of
the permit current MS4 programs shall review
and evaluate municipal policies related to
building codes, or other local regulations, with a
goal of identifying regulatory and policy
impediments to the installation of green
infrastructure, such as green roofs, porous
pavements, water harvesting devices, grassed
swales instead of curb and gutter, rain barrels
and cisterns; downspout disconnection, etc.
Post-Construction Stormwater Management in New
Development and Redevelopment
• The 80% calculation is essentially looking at the typical rainfall events for a year, and determining what rainfall depth is equal to the 80th percentile of all events – meaning that if you capture/treat with BMP all rainfall events less than or equal to that depth, you will have captured 80% of the total rainfall for the year.
• To do this, it is necessary to determine the rainfall events that occur annually, this can be done by defining a typical year, or by analyzing discrete historical rainfall data. These annual rainfall events are then plotted as a cumulative distribution function as shown below. This chart will easily illustrate the depth of storm event that corresponds to each percentile of the annual storms.
Post-Construction Stormwater Management in New
Development and Redevelopment
The off-site mitigation option entails infiltration/evapotranspiration/reuse measures that may be implemented at another location in the same sewershed/watershed as the original project, approved by the permittee. The permittee shall identify priority areas within the sewershed or watershed in which mitigation projects can be completed
Post-Construction Stormwater Management in New
Development and Redevelopment
The payment-in-lieu option allows the owner/operator of a construction site that disturbs one acre or a project that is less than one acre but is part of a larger common plan of development or sale to choose to make a payment to the permittee, in lieu of implementing post-construction BMPs. The permittee will apply these funds to a public stormwater project. (Usually at a 2:1 or 3:1 ratio)
Post-Construction Stormwater Management in New
Development and Redevelopment
For either of these options to be available,
the permittee must ensure the proper legal
authority, create an inventory of
appropriate mitigation projects, and
develop appropriate institutional standards
and management systems to value,
evaluate and track transactions.
Dates to remember: Kentucky
Ky Construction GP:
Effective Date:
Expiration Date:
MS 4 Permits:
LFUCG
Effective Date:
Expiration Date:
Small MS4 GP
Effective Date:
Expiration Date:
Louisville MSD
PN Date:
Issuance:
August 1, 2009
July 31, 2014
July 31, 2009
August 14, 2009
March 1, 2010
February 28, 2015
August 2010
In final review
Rulemaking for Stormwater Controls Coming…From
EPA
• 10/30/09 - EPA announced in a FR notice its intention to propose a rule
to control stormwater from, at a minimum, newly developed and
redeveloped sites.
• Primary impetus – protect waterbodies from stormwater impact of
urbanization.
• EPA collected data through an Information Collection Request made to
the following groups to inform the rulemaking effort:
– Owners/operators/developers/contractors of developed sites
– Owners or operators of MS4s
– States and territories
• September 2011 – EPA intends to propose a draft rule for public
review/comment.
• November 2012 – EPA expects to take final action.
EPA Stormwater Rulemaking Considerations: Performance
Standards for Discharges from New Development
• Requirements for site design and/or controls to ensure the
on-site retention of the excess stormwater discharge volume
produced from development.
– Infiltration/evapotranspiration/harvesting
stormwater
• Exceptions/alternative compliance options to account for site
constraints and water rights.
• Credits for land use strategies with water quality benefits
such as brownfield development, multi use development,
transit oriented development .
• Flexibility to account for existing state post construction
standards.
Stormwater Rulemaking Considerations:
Performance Standards (cont.)
• Performance standards for discharges from
redeveloped areas
– Same standard as new development
– additional credits and exceptions/alternative
compliance options
– Flexibility to account for existing state post
construction standards
• Exploring alternative compliance options for
roads and additional site constraints
• May to apply outside MS4
Jory Becker, P.E.
Environmental Engineering Branch Manager
Surface Waters Permit Branch
Division of Water
Phone: 502 564-3410, ext. 4850
E-Mail: [email protected]
Contact Information