MDEMDEGeneral Discharge General Discharge

Permit 12-SWPermit 12-SW

for Stormwater Discharges Associated for Stormwater Discharges Associated with Industrial Activitieswith Industrial Activities

Overview• Background• 12-SW Permit Outline• Applicability• No Exposure Exclusion• Chesapeake Bay Restoration Requirements• Notice of Intent• Control Measures & Effluent Limits• Stormwater Pollution Prevention Plan• Submission Deadlines and Fees• Resources

Background

The Clean Water Act (CWA) establishes a comprehensive program “to restore andmaintain the chemical, physical, and biological integrity of the Nation’s waters.”

To achieve these goals, the CWA requires U.S. Environmental Protection Agency (EPA) to authorize discharges through issuance of National Pollution Discharge Elimination System (NPDES) permits.

Background

The Water Quality Act of 1987 directed the EPA to develop a phased approach to regulate stormwater discharges under the NPDES program.

In 1990 the EPA published a final regulation on the first phase of this program, establishing permit application requirements for stormwater discharges associated with industrial activity.

Background

As a delegated state, Maryland is authorized to issue NPDES permits.

In order to meet the requirements of the CWA, the Maryland Department of the Environment (MDE) issued the first state permit for stormwater discharges associated with industrial activities in 1992.

Background

In general, permits expire every five years and are reissued.

General Permit 02-SW expired November 30, 2007, but was administratively extended.

General Permit 12-SW replaces 02-SW and became effective January 1, 2014 and expires December 31, 2018.

Background

MDE estimates 900 facilities that are addressed by the 12-SW permit, with an average acreage of 6.1 acre per facility, representing 16.7 millions of gallons per day of precipitation.

This precipitation is either infiltrated into the ground, evaporates, is taken up by plants, or results in runoff.

Background

The stormwater runoff associated with industrial facilities channels pollution as well as increases sediment loads.

Disturbed sediments are associated with phosphorus; a nutrient the Stateis concerned with, that readily binds to soils. Precipitation also carries nitrogen as a result of atmospheric mixing with air pollution.

12-SW Permit Outline

Part I – Applicability

Part II – Authorization

Part III – Stormwater Management Requirements (includes restoration of impervious surfaces, control measures and effluent limits and stormwater pollution prevention plan)

Part IV – Corrective Actions

Part V – Inspections, Monitoring, and Reporting

Part VI – Standard Permit Conditions

12-SW Permit Outline

Appendix A – Industry Sectors

Appendix B – Quarterly Visual Monitoring

Appendix C – Calculating Hardness in Receiving Water for Hardness Dependent Metals

Appendix D – Sector-Specific Requirements for Industrial Activity

Appendix E – Definitions and Acronyms

Appendix F – Nutrient Reduction Progress Report

ApplicabilityTo be eligible for stormwater discharge under 12-SW you must be a facility operating in the state of Maryland, and one of the following:

1)have been covered under previous permit 02-SW2)have a stormwater discharge associated with industrial activity, as defined in Appendix E, from a primary industrial activity included in Appendix A3)be notified by MDE that you are eligible for coverage under Sector AD: Non-Classified Facilities, as defined in Appendix A, or

Applicability4)be notified by MDE that you are eligible for coverage as described in Part I.E.4., which states, “Stormwater discharges under a separate individual or general permit (except MS4) may also obtain limited coverage under this permit specific to Part III.A, ‘Chesapeake Bay Restoration Requirements’ in lieu of the Department modifying or issuing a separate permit that would otherwise implement requirements equivalent to those in Part.III.A.”

ApplicabilityStormwater Discharges Associated with Industrial Activity as defined in Appendix E, is

“the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under Part 122.”

ApplicabilityStormwater Discharges Associated with Industrial Activity, as defined in Appendix E includes, but is not limited to stormwater discharges from the following:-industrial plant yard-immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility;-material handling sites;-sites used for the application or disposal of process waste waters; -refuse sites;

Applicability- sites used for the storage and maintenance of

material handling equipment; - sites used for residual treatment, storage, or

disposal; - shipping and receiving areas; - manufacturing buildings; - storage areas (including tank farms) for raw

materials, and intermediate and final products; and- areas where industrial activity has taken place in

the past and significant materials remain and are exposed to stormwater.

ApplicabilityStormwater Discharges Associated with Industrial Activity, as defined in Appendix E (continued)

•“material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product.”

ApplicabilityStormwater Discharges Associated with Industrial Activity, as defined in Appendix E (continued)

•“excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas.”

Appendix A – Industry SectorsSector A – Timber ProductsSector B – Paper and Allied ProductsSector C – Chemicals and Allied ProductsSector D – Asphalt Paving & Roofing Materials & LubricantsSector E – Glass, Clay, Cement, Concrete, & Gypsum ProductsSector F – Primary MetalsSector G – Metal Mining (Ore Mining and Dressing)Sector H – Coal Mines and Coal Mining-Related FacilitiesSector I – Oil and Gas Extracting and RefiningSector J – Mineral Mining and DressingSector K – Hazardous Waste Treatment, Storage, and Disposal FacilitiesSector L – Landfills & Land Application SitesSector M – Automobile Salvage YardsSector N – Scrap Recycling FacilitiesSector O – Steam Electric Generating FacilitiesSector P – Land Transportation and Warehousing

Appendix A – Industry SectorsSector Q – Water TransportationSector R – Ship and Boat Building and Repairing YardsSector S – Air Transportation FacilitiesSector T – Treatment WorksSector U – Food and Kindred ProductsSector V – Textile Mills, Apparel, and other Fabric Product Manufacturing; Leather and Leather ProductsSector W – Furniture and FixturesSector X – Printing and PublishingSector Y – Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing IndustriesSector Z – Leather Tanning and FinishingSector AA – Fabricated Metal ProductsSector AB – Transportation Equipment, Industrial or Commercial Machinery Sector AC – Electronic, Electrical, Photographic, and Optical GoodsSector AD – Non-Classified Facilities

No Exposure Exclusion

To qualify for this exclusion, you must verify that there is no potential for the stormwater discharged from your facility to waters of the State to be exposed to pollutants in accordance with MDE criteria.

You must then obtain written certification that you meet the requirements of No Exposure from

•a Professional Engineer, •a Certified Professional in Storm Water Quality (CPSWQ), •a Registered Architect, or •a Landscape Architect

No Exposure ExclusionA No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion.

The exclusion from NPDES permitting is available on a facility-wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, the facility is not eligible for the no exposure exclusion.

MDE has a guidance document and the required form available on their website.

Chesapeake Bay Restoration

Required if your facility meets ALL of the following:• within the Chesapeake Bay Watershed;• is 5 acres or greater in size;• any portion of your facility is located within a Phase I or Phase II

municipal separate storm sewer system (MS4) jurisdiction; and • is not owned by or leased from an entity that is permitted as an MS4.

Additional requirements to• Calculate total and untreated impervious surface area• Select, design, install and implement restoration of 20% of the

untreated impervious surface area at your facility or equivalent control measures for the reduction of nutrients.

Chesapeake Bay Restoration

Restoration / control measures must be designed and implemented using any combination of the following three methods.

•Practices found in the Design Manual or other Proprietary Practices approved by the Department (i.e structural BMPs like green roofs and containment ponds )

•Practices found in the Accounting Guidance (i.e. street sweeping and septic system upgrades)

•Other equivalent control measures. (Measures that achieve reduction of 5.4 lbs total nitrogen per year shall be considered equivalent to restoration of one acre of impervious surface area.)

Chesapeake Bay Restoration

Develop plan for implementing restoration / control measures and document in SWPPP, including timeline for completion.

If it is infeasible to implement any or all of these practices at your facility, you may satisfy the restoration requirement by working through your local jurisdiction to implement project(s) offsite.

Chesapeake Bay Restoration

For facilities registered for coverage under 02-SW, the control measures must be implemented within five years of the permit effective date.

For all other permittees, the control measures must be implemented within four years from the date the NOI is filed.

Notice of Intent

Required if you meet the conditions of the permit and do not qualify for the No Exposure Exclusion and includes

• General contact and site information• Impervious surface calculations, if applicable• Determination if discharging to an impaired

stream• Number of ASTs and storage capacity• SWPPP contact• Certification

Control Measures & Effluent Limits

For all facilities not meeting the requirements for the No Exposure Exception, you must select, design, install, and implement control measures (including best management practices) to meet the non-numeric effluent limits in accordance with good engineering practices and manufacturer’s specifications.

Must be documented in your SWPPP

Control Measures & Effluent LimitsNon-Numeric Technology-Based Effluent Limits

•Minimize Exposure of Industrial Activities to Precip.•Good Housekeeping•Maintenance•Spill Prevention and Response Procedures•Erosion and Sediment Controls•Management of Runoff •Salt Storage Piles or Piles Containing Salt •Sector Specific Non-Numeric Effluent Limits (Appendix D)•Employee Training•Non-Stormwater Discharges •Waste, Garbage and Floatable Debris•Dust Generation and Vehicle Tracking of Industrial Materials

Control Measures & Effluent LimitsWater Quality-Based Effluent Limitations

•Your discharge must be controlled as necessary to meet applicable water quality standards. The Department expects that compliance with the other conditions in the permit will control discharges as necessary to meet applicable water quality standards.

•There shall be no discharge that causes visible oil sheen, and no discharge of floating solids or persistent foam in other than trace amounts.

SWPPP

The SWPPP is intended to document the selection, design, and installation of control measures.

The SWPPP does not contain effluent limitations, which are contained in Part III.A, and Part III.B of the permit, and, for some Industry Sectors, Appendix D of the permit.

The SWPPP must be submitted with your NOI to the MDE for review and approval

SWPPP

The SWPPP must include the following:

•Stormwater pollution prevention team (see Part III.C.1);

•Site description (see Part III.C.2);

•Summary of potential pollutant sources (see Part III.C.3);

•Description of control measures (see Part III.C.4);

•Schedules and procedures (see Part III.C.5); and

•Signature requirements (see Part III.C.6)

Deadlines and FeesNo Exposure Form and Certification Letter•Submit to the MDE no later than June 30, 2014•No Fee is associated with this action

Existing Dischargers previously authorized for coverage under 02-SW, that are NOT subject to Chesapeake Bay Restoration Requirements •Submit NOI, SWPPP, and Fee to the MDE no later than June 30, 2014

Existing Dischargers previously authorized for coverage under 02-SW, that ARE subject to Chesapeake Bay Restoration Requirements •Submit NOI, SWPPP, and Fee to the MDE no later than December 31, 2014

Deadlines and Fees

New Dischargers or New Sources •Submit NOI, SWPPP, and Fee to the MDE a minimum of 60 days prior to commencing discharge activities

Transfer of ownership and/or operation of a facility whose discharge is authorized under this permit •Submit Permit Transfer Request to the MDE a minimum of 30 days prior to the transfer

Fees (not required for No Exposure Exclusion)•$120 with NOI and SWPPP submittal and then by July 1st annually, or•$550 with NOI and SWPPP good through December 31, 2018

ResourcesMDE Website

No Exposure Guidance Document12-SW Fact SheetSWPPP Template

EPA WebsiteEPA Industrial Stormwater Guidance

Environmental Consultant / Engineer

Paul Hlavinka, MDE

Triumvirate Environmental

www.triumvirate.com

Jessica Medicus, CHMM

(410) 636-3700 office

(240) 712-0046 cell

jmedicus@triumvirate.com

THANK YOU!THANK YOU!