Regulatory Overview

Presented By: Wayne T. Craney, P.E.Engineering Manager

Industrial Wastewater Enforcement SectionWater Quality Division

Department of Environmental Quality

Regulatory History ODEQ Delegation Types of Permits in Oklahoma OKR10 History Future Regulatory Issues

Outline

Clean Water Act Passed in 1972 Focus on point source discharges

Pipes, drains, other easily identified points of discharge

Established the National Pollutant Discharge Elimination System (NPDES)

Amended in 1987 Addressed more diffuse sources of pollution, such as

stormwater discharges

Regulatory History

Stormwater Regulations Phase I

Promulgated in 1990 Required the following to be permitted:

Medium and large municipal separate storm sewer systems (MS4s) – generally with populations ≥100,000

Construction activities disturbing ≥5 acres Industrial activities

Regulatory History

Stormwater Regulations Phase II

Established December 8, 1999 Required the following to be permitted:

Small and medium MS4s and those within urbanized area

Construction activities disturbing ≥1 acre or part of a larger common plan of development

Regulatory History

Delegation of NPDES Programs to ODEQ November 19, 1996

Permitting and enforcement of municipal and industrial wastewater

September 9, 1997 Stormwater discharges associated with

construction and industrial sites Industrial pretreatment

Regulatory History

DEQ has regulatory authority over the following stormwater discharges: From MS4s From industrial activities From construction activities Through the requirements of individual permits or OKG11 (concrete batch plants)

Stormwater Programs

MS4s

Phase I (2 permittees) Individual permits

City of Oklahoma City City of Tulsa

Phase II (43 permittees) General permit

34 Cities 5 Counties 4 Non-Traditional Entities (e.g. Tinker AFB, OU)

ODOT will be permitted when OKR04 is reauthorized

Oklahoma’s MS4 Permits

Individual Permits Oklahoma City first issued September 1, 1995 Tulsa first issued April 1, 1997 Both are co-permittees with ODOT and OTA

Pollution Prevention Approach Stormwater Management Program (SWMP)

Developed by MS4 Spells out how MS4 will address/manage

stormwater discharges

Oklahoma’s Phase I MS4 Permits

General Permit, OKR04 Effective February 8, 2005 Pollution prevention approach

Uses Stormwater Management Plan (SWMP) Must address six minimum control measures

Select BMPs Identify “Measurable Goals” Evaluate effectiveness Update SWMP

Oklahoma’s Phase II MS4 Permits

Industrial Stormwater

Only applies to certain industrial activities Defined by the Standard Industrial

Classification (SIC) code Listed in Table 1-2 of permit by sector Only those industrial activities with SIC code in

Table 1-2 need to have permit coverage Can cross-reference SIC code with NAICS code

Oklahoma’s Multi-Sector General Permit, OKR05

Requirements: Stormwater pollution prevention plan (SWP3) Best management practices (BMPs) Quarterly visual monitoring Regular site inspections

No Exposure Criteria requirements No permit required if facility meets these

requirements Essentially all possible pollution sources are kept

under cover and not exposed to precipitation

Oklahoma’s Multi-Sector General Permit, OKR05

Construction Stormwater

Applies where EPA is permitting authority i.e. Indian Lands

First CGP issued in 1992 Current CGP issued on February 16, 2012 Effective for 5-year period Includes new requirements to implement

Effluent Limitation Guidelines and New Source Performance Standards for Construction and Development point sources – aka C&D Rule

EPA’s Construction Stormwater General Permit

(CGP)

Requires construction site operators to meet restrictions on erosion and sediment control, pollution prevention, and stabilization

Included a numeric turbidity limit for certain larger construction sites Turbidity Limit = 280 NTU Stayed by EPA on January 4, 2011 Not required to be incorporated in current

construction stormwater general permits by EPA or delegated states

C&D Rule

Is Oklahoma’s version of EPA’s CGP Effective for 5-year period Includes non-numeric effluent limitation

guidelines from C&D Rule

Oklahoma’s Construction Stormwater General Permit,

OKR10

Applies to construction activities that disturb an acre or greater or are part of a common plan of development that disturbs an acre or greater

Requirements SWP3 Regular site inspections BMPs Buffers

Oklahoma’s Construction Stormwater General Permit,

OKR10

Current permit development process Reviewed EPA’s current CGP Developed draft of DEQ CGP Conducted Stakeholder Advisory Committee

and DEQ Work Group meetings to discuss proposed changes

Issued CGP on August 13, 2012 Effective September 13, 2012

Oklahoma’s Construction Stormwater General Permit,

OKR10

Each MS4 has its own construction stormwater permitting requirements Required as part of MS4 program Can be more stringent than state requirements Some require permits for sites disturbing less

than one acre Be sure to check with local authorities to

ensure you have the appropriate permits and are meeting all local stormwater regulations

Local Construction Permits

Stormwater is the second largest category of complaints.

Compliance with CWA provisions is the goal. The responsiveness of the RP determines if

enforcement is necessary. If enforcement is necessary, it will be taken. Enforcement will require an administrative

penalty.

Stormwater Enforcement

Inspections (14 day compliance period) Notice of Violation (NOV) Expedited Consent Order (ECO) Consent Order (CO)

with Penalty/Supplemental Environmental Project (SEP)

Administrative Compliance Order (ACO) with Penalty/SEP

Enforcement Orders

FY 2010 33 NOVs issued, 9 Orders issued $72,800 in penalties/SEPs were collected

FY 2011 14 NOVs issued, 7 Orders issued $34,500 in penalties/SEPs were collected

FY 2012 13 NOVs issued, 4 Orders issued $30,750 in penalties/SEPs were collected

Enforcement Data

EPA Stormwater Rulemaking Rule to be proposed by June 10, 2013 Most apply to MS4s Of general note:

Exploring options for establishing specific requirements for transportation facilities; and

Evaluating additional provisions specific to the Chesapeake Bay watershed Not applicable in Oklahoma

Future Regulatory Issues

EPA Stormwater Rulemaking Of note for construction industry:

Develop performance standards from newly developed and redeveloped sites to better address stormwater management as projects are built

Would require the implementation of post-construction best management practices to retain the runoff from a certain size storm event onsite

Future Regulatory Issues

EPA Stormwater Rulemaking Of note for MS4s:

Explore options for expanding the protections of the MS4 program;

Evaluate options for establishing and implementing a municipal program to reduce discharges from existing development (aka “Retrofit”);

Evaluate establishing a single set of minimum measures requirements for regulated MS4s.

Future Regulatory Issues

Construction Effluent Limitation Guidelines Numeric Turbidity Limit

Currently under review by EPA Additional treatment performance data from

construction and development sites being sought Will propose limit in future May require construction site operators to sample

and analyze stormwater discharges

Future Regulatory Issues

Permitting Mark Derichsweiler – (405) 702- 8188 Karen Milford – (405) 702- 8191

Permit Administration Matt Pace - (405) 702- 6209 Amber McIntyre - (405) 702- 6167 Matt Johnson- (405) 702- 6182

Compliance/Enforcement Wayne T. Craney - (405) 702- 8139 Bob Giger (North) - (405) 702- 8112 Michele Loudenback (West)– (405) 702 - 8116 Joe Willingham (South) - (405) 702- 8129

DEQ Stormwater Contacts

Questions, Comments, Discussion