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RULE 6 COMPLIANCE:AN OVERVIEW OF INDIANA’S
INDUSTRIAL STORMWATER RULENathaniel Cullen
Project Manger, EHS Compliance [email protected]
www.keramida.com
May 21, 2019Indiana Chamber of CommerceEnvironmental Permitting and Reporting Conference
Agenda
Background and Applicability Compliance
NOI No Exposure Certification SWPPP Sampling Reporting Best Management Practices
Multi-Sector General Permit
Acronyms
BMP – Best Management Practice DMR – Discharge Monitoring Report EPA – Environmental Protection Agency
IDEM – Indiana Department of Environmental Management MSGP – Multi-Sector General Permit NOE – No Exposure Certification
NOI – Notice of Intent NOT – Notice of Termination NPDES – National Pollutant Discharge Elimination System
SWPPP – Stormwater Pollution Prevention Plan
Background & Applicability
Background
Industrial activities are often exposed to stormwater Runoff may discharge pollutants directly into
nearby water bodies or indirectly via storm sewers No person may discharge any pollutant or cause,
permit, or allow a discharge of any pollutant from a point source into waters of the United States unless authorized under the National Pollutant Discharge Elimination System (NPDES)
NPDES Permits
NPDES permits impose: Restrictions on what can be discharged Limits on how much can be discharged Monitoring and reporting requirements
Two permit types: General Individual
Individual vs. General Permits
Site Specific Versus Industry Specific An individual permit reflects site-specific conditions of a single
discharger A general permit covers multiple dischargers with similar
operations and types of discharges Issuance
Dischargers are issued individual permits directly General permits are issued for sectors rather than specific entities
Timeline It may take 6 or more months before coverage under an
individual permit is granted Coverage under a general permit is usually given soon after
notice is received
Indiana’s Rule 6
IDEM regulates SW discharges exposed to industrial activity under “Rule 6 National Pollutant Discharge Elimination System General Permit for Stormwater Runoff Associated with Industrial Activity”
Full text in 327 IAC 15-6
Applicability
Your facility is subject to the Rule 6 requirements if: Run-off from rain/snow/ice comes into contact with
manufacturing activities or materials storage areas And that run-off leaves the facility
Applies to 32 specific source categories – see 327 IAC 15-6 for the full list of SIC codes regulated by Rule 6
Some facilities are specifically excluded from the Rule 6 General Permit Program and must apply for an Individual NPDES Stormwater Permit
Compliance is the responsibility of the operator rather than the owner
Compliance
Evaluate
Plan
Manage
Report
NOI(initial or renewal)or No Exposure
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Evaluate
Plan
Manage
Report
NOI(initial or renewal)or No Exposure
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Evaluate
What are the SW impacts from your site? What processes will come into contact with SW
runoff? Outdoor processes or storage? Who is responsible for these processes/areas? What pollutants could be in my SW discharge? Where are my SW outfalls? Which bodies of water do my SW outfalls
discharge to?
Evaluate
Plan
Manage
Report
General Permits vs. No Exposure
Initial NOI Compliance
SWPPP BMPs Reporting
Renewal NOI
Initial Certification Compliance
Plan/design for no exposure Maintain no exposure Report exposure events
Renewal Certification
Rule 6 General Permit Conditional No Exposure
Example 1: Last Resort Towing Co.
Ex. 1: Last Resort Towing Co.
Outdoor industrial activities: Outdoor diesel AST for vehicle fueling Outdoor drum storage Equipment boneyard
Ex. 1: Last Resort Towing Co.
Diesel AST for Vehicle
Fueling
Ex. 1: Last Resort Towing Co.
Drum Storage
Area
https://pxhere.com/en/photo/647886
Ex. 1: Last Resort Towing Co.
Equipment Boneyard
https://www.flickr.com/photos/daveseven/6103221649
Ex. 1: Last Resort Towing Co.
On your walk back to
the office you see this…
https://millerswatershed.org/watershed-issues/oil-runoff-into-storm-drain/
Ex. 1: Last Resort Towing Co.
Do they qualify for the no exposure exclusion? Let’s take a look at the checklist
Ex. 1: Last Resort Towing Co.
Do they qualify for the no exposure exclusion? Let’s take a look at the checklist
No! So, what’s next?
Formal Evaluation
Submit information about your facility and your SW discharge to IDEM
Evaluate
Plan
Manage
Report
First step in obtaining a Rule 6 permit Description of processes at your facility Location of SW outfalls and receiving waters Proof of publication in a newspaper Certification by a “responsible individual” Must be submitted to IDEM at least 90 days prior to
beginning industrial operations at your facility IDEM processes and sends a Notice of
Sufficiency (NOS)
Notice of Intent (NOI)
Example 2: Very Good Tool Co.
Ex.2: Very Good Tool Co.
Manufactures small tools and parts for automobiles
Outdoor industrial activities: Scrap metal storage Finished products storage Refuse dumpster
https://commons.wikimedia.org/wiki/File:Hand_tools.jpg
Ex.2: Very Good Tool Co.
Scrap Metal Storage
Ex.2: Very Good Tool Co.
General Refuse
Dumpster
Ex.2: Very Good Tool Co.
Finished Auto Parts
Storage
http://www.unistorgroup.com/ourdoor_pallet.php
Ex.2: Very Good Tool Co.
Do they qualify for the no exposure exclusion? Let’s take a look at the checklist
Ex.2: Very Good Tool Co.
Do they qualify for the no exposure exclusion? Let’s take a look at the checklist
Yes! So, what’s next?
No Exposure Certification
IDEM Form: Rule 6 Notice of Termination/Exclusion Letter (State Form 54087)
EPA Form 3510-11
Evaluate
Plan
Manage
Report
Submit both forms to IDEM only (not EPA)
Exempt from Rule 6 requirements if no industrial activities or materials are exposed to stormwater
Exception: non-leaking drums and tanks, adequately maintained vehicles, and final products that do not oxidize, leak, etc.
Certify and submit a No Exposure Certification form to the IDEM
See EPA Guidance Manual on “No Exposure” It is usually more difficult to receive a No Exposure
Certification than coverage under the general permit
Conditional No Exposure
Evaluate
Plan
Manage
Report
NOI(initial or renewal)
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Evaluate
Plan
Manage
Report
NOI(initial or renewal)
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Stormwater Pollution Prevention Plan Must develop, implement, and maintain a plan that:
Identifies potential sources of pollution Describes practices to reduce pollutant exposure to SW Assures compliance with the general permit Identifies a SW Pollution Prevention team
Plan must meet the requirements onthe SWPPP Checklist (IDEM form)
SWPPPEvaluate
Plan
Manage
Report
Various maps and graphics: soil types, drainage/runoff, outfalls, receiving waters
Description of the planned management practices, controls, and preventative maintenance tasks
Analytical results of discharge monitoring (updated annually)
Procedures for quarterly inspections of control measures and outfalls
SWPPP ContentEvaluate
Plan
Manage
Report
Must be reviewed/updated At least annually Whenever there is a change at the facility that could
affect the discharge of pollutants in SW
Document changes to the SWPPP Updated SWPPP must be kept onsite Annual SWPPP training for all affected employees
SWPPP UpdatesEvaluate
Plan
Manage
Report
3 page form Submitted to IDEM after finalizing your SWPPP
Within 365 days of an NOI (initial or renewal) Within 30 days of completion
Must be signed by a “Qualified Professional” and a “Responsible Individual”
SWPPP ChecklistEvaluate
Plan
Manage
Report
Evaluate
Plan
Manage
Report
NOI(initial or renewal)
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Evaluate
Plan
Manage
Report
NOI(initial or renewal)
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
BMPs
The heart of your SW management BMPs must address all sources of stormwater
contamination Outdoor storage Loading/unloading Waste storage Parking area runoff Bare soil erosion Air emissions and rooftop stacks Equipment laydown areas/boneyards
Evaluate
Plan
Manage
Report
Loading/Unloading
AST Secondary
Containment
Loading/Unloading
Above-Ground Storage
Tank (AST) Barriers
Loading/Unloading
Covered Loading
Bays
Storage
Covered Storage Areas
Storage
Covered Dumpsters
Storage
Covered Dumpsters
Storage
Covered Drum
Storage
Runoff
Drain Filter
Runoff
Catch Basins
http://www.nyc.gov/html/dep/html/flooding/catch_basin_images.shtml
Runoff
Oil Removal
Runoff
Storm Water Inlet
Protection
Runoff
Diversion
Runoff
Drain Plug
Runoff
Drain Mat
Runoff
Drain Mat
Runoff
Gate Valve Shut-offs at
Outfalls
Erosion Control
Silt Fence
Erosion Control
Green Structures
Erosion Control
Wetland Treatment
Area
Evaluate
Plan
Manage
Report
NOI(initial or renewal)
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Evaluate
Plan
Manage
Report
NOI(initial or renewal)
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Sampling
Conduct annually or more frequently as required What is a qualifying storm event?
Sample within the first 30 minutes of discharge Measurable amount of rainfall must be greater than
0.1" At least 72 hours after the previous measurable storm
event Minimum of 3 months between sampling events
Possible (but not likely) to have zero qualifying storm events in a reporting period
Discharge Monitoring Report (DMR)
Parameters Eight standard Additional tests can be required
Field Records Place, time and date of discharge Weather data Sampler(s) Laboratory methods, report and Chain-of-Custody
Due within 30 days of analysis
Annual Report
The report must document changes to: The original NOI The facility and its operations or industrial activities
List past and current sampling data for comparison Describe changes to BMPs or corrective actions
implemented in response to sampling data Due no later than 365 days after initial NOI
submittal or previous annual report
Evaluate
Plan
Manage
Report
NOI(initial or renewal)
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Evaluate
Plan
Manage
Report
NOI(initial or renewal)
SWPPP Development
SWPPP Implementation
Sampling, DMR, and
Annual Report
Renewal NOI required every 5 years Renewal NOI due to IDEM at least 90 days before
existing permit expires Same form as initial NOI (updated with new info) Rule 6 permits and exclusions are non-transferable
if owner/operator changes
Permit RenewalEvaluate
Plan
Manage
Report
Notice of Termination
Required to terminate permit coverage A NOT must be submitted for a facility if:
Change of ownership or operation Ceased discharges associated with industrial activity Now discharges to combined sewer system Stormwater no longer impacts water of the state Change to no exposure status
Evaluate
Plan
Manage
Report
Multi-Sector General Permit
A Different Approach
Indiana will be adopting an approach substantially similar to the Multi-Sector General Permit (MSGP) used by US EPA
The transition from Rule 6 to an MSGP program is anticipated to occur in 2020
Program will still be administered by the IDEM EPA directly administers MSGP in 4 only states
EPA’s Multi-Sector General Permit (MSGP)
Requirements include, but are not limited to: Selection and installation of control measures (including BMPs) Compliance with applicable effluent limitations guidelines and
water quality standards Routine inspections and quarterly visual assessments Implementation of corrective action items in the event of permit
non-compliance Preparation and implementation of a stormwater pollution
prevention plan (SWPPP) Monitoring, reporting and recordkeeping Additional sector-specific requirements
Current MSGP effective until June 4, 2020
MSGP Sectors
Discharges in 29 Industrial Sectors Covered by MSGP, including… Sector M: Automobile Salvage Yards Sector N: Scrap Recycling Facilities Sector P: Land Transportation and Warehousing Sector W: Furniture and Fixtures Sector Y: Rubber, Miscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries Sector AA: Fabricated Metal Products
EPA may also extend coverage to other discharges, as it deems appropriate, under Section AD
Trends, Benchmarks & Limits
Sampling data establishes trend for specific facility
New results evaluated in light of past data
Can vary widely between similar facilities
Compiles discharge data by sector
Sets uniform effluent limits & benchmarks for sectors Limits are binding Benchmarks are goals Some sectors have only
benchmarks
Rule 6 MSGP
Discharge Monitoring
Samples are collected annually for laboratory analysis
Analytes are more numerous and generic
Analytes for quarterly benchmarking and annual limit samples are fewer and industry targeted
Quarterly visual inspection of outfalls Sample collected within 30
minutes of discharge Characteristics such as
color, odor, and sheen must be documented
Rule 6 MSGP
Reporting
Annual Report Changes to the NOI or facility
operations Sample results table BMP review Corrective actions
Annual Discharge Monitoring Report Report results of sample
analysis Use State Form 53590
Annual Report Numeric Effluent Limitations
Monitoring/Exceedance Reports
Benchmark Monitoring Report NOI Updates SWPPP Update Additional reporting
triggered in some circumstances
Rule 6 MSGP
