november 16, 2017 · 11/17/2017 2 construction stormwater 4 the 2012 cgp expired on feb. 16, 2017...

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Mike MitchellU.S. EPA, Region 4

Stormwater UpdateNovember 16, 2017

Presentation Outline2

Stormwater Permitting Update

eReporting Update

Long-Term Stormwater Planning

Green Infrastructure Program Update

Emerging Issue – Residual Designation Authority

Region 4 Activities

Construction Stormwater

Industrial Stormwater

MS4s – MS4 General Permit Remand Rule

Stormwater Permitting Update3

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Construction Stormwater4

The 2012 CGP expired on Feb. 16, 2017 and the new 2017 CGPwent into effect the same day

2017 CGP is similar to 2012 CGP: includes effluent limitations inthe form of requirements for erosion and sediment controls, andpollution prevention controls, and requirements for self-inspections,corrective actions, staff training, and a SWPPP

Other notable changes: Requires cover or appropriate temporary stabilization for all inactive

stockpiles Requires waste containers to have lids or cover when not in use

Requires controls to minimize exposure of building materials containingPCBs to precipitation and stormwater

Requires more stringent stabilization deadlines for sites that disturbmore than 5 acres at any one time

Construction Stormwater5

The National Association of Homebuilders (NAHB)petitioned for review of the 2017 CGP in February,followed by the Chesapeake Bay Foundation (CBF) inMay Petitions consolidated in the DC Circuit

Resources update: New flow-chart for determining permit coverage

Updated SWPPP template

Updated inspection and corrective action report templates

Industrial Stormwater6

Current 2015 MSGP went into effect on June 4, 2015

A group of environmental NGOs petitioned for review the MSGP in June2015 Petitions consolidated in the Second Circuit

Settlement agreement reached in July 2016

As part of settlement agreement, EPA is funding a study by the NationalResearch Council (NRC) to inform potential changes in the next MSGP Suggest improvements to the current MSGP benchmarking monitoring

requirements

Evaluate the feasibility of numeric retention standards (such as volumetric controlstandards for a percent storm size or standards based on percentage ofimperviousness)

Identify the highest priority industrial facilities/subsectors for consideration ofadditional discharge monitoring

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MS4 General Permit Remand Rule

Background

Ninth Circuit (EDC v. EPA, 2003) found deficiencies in the Phase IIstormwater regulations regarding the procedures to be used for providingcoverage to small MS4s under general permits

The court vacated the relevant portions of the Phase II regulations, andremanded to EPA to fix the deficiencies:

1. Lack of permitting authority review:

“In order to receive the protection of a general permit, the operator of asmall MS4 needs to do nothing more than decide for itself what reduction indischarges would be the maximum practical reduction.”

“No one will review that operator's decision to make sure that it wasreasonable, or even good faith.”

2. Lack of public participation in permit process:


Key Aspects of Final Remand Rule

Allows permitting authorities to choose between 2 alternative general permit types

1. Comprehensive General Permit, or

2. Two-Step General Permit

Can choose whichever type of permit works best for its needs, and can changeapproaches in subsequent permit terms

This is a procedural rule - no changes are made to the substantive federalrequirements for small MS4s


Key Aspects of Final Remand Rule

All permits must be written with terms and conditions that are“clear, specific, and measurable” Which may be expressed as narrative, numeric, or other types of requirements

Requirement applies to permit terms and conditions established for 6 minimumcontrol measures, evaluation and reporting requirements, and water quality-based requirements

EPA has published a series of documents with examples of different types ofprovisions from existing permits that are clear, specific, and measurable

Compliance with final rule expected by issuance of next smallMS4 general permit, if general permits are used

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Clear Requirements Requirements are expressed in a manner that establishes

certainty as to what specific actions the permittee isexpected to take to meet the MS4 permit standard

Avoid permit requirements with caveat language, such as “iffeasible”, “if practicable”, “to the maximum extentpracticable”, and “as necessary”

Use mandatory words such as “must”, and avoid non-mandatory words such as “should” or “the permittee isencouraged to …”


Specific Requirements

Requirements that are clearly defined or identified, and include a level ofdetail that explains the level of effort needed to comply with the MS4permit standard

Permitting authority has discretion as to the level of specificity in the permit Verbatim adoption of minimum control measure requirements would not be

considered specific

Specificity may change in subsequent permits

Increased specificity does not necessarily mean that the permit is morestringent A permit can be specific and still leave flexibility to the MS4 to determine

exactly how it will fulfill permit requirements


Measurable Requirements Requirements incorporate a quantifiable or definite compliance objective that can be assessed in a

straightforward manner

What this means is that the requirement answers a few questions:

What needs to happen?

Who needs to do it?

How much do they need to do?

When do they need to get it done?

Where it is to be done?

Typically, an objective parameter is needed to define the necessary level of effort, result expected,performance standard, or similar measurement – but does not mean that the requirement needs tobe expressed as a numeric effluent limit (the following are examples of measureable goals)

Conduct inspections of active construction sites once per week until final stabilization is met

Clean 25 % of the catch basins in your service area every year

The first 1 inch of precipitation must be retained on site


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https://www.epa.gov/npdes/municipal-sources-resources


eReporting Update14

eReporting Rule

OECA published eReporting rule in October 2015

Purpose is to replace NPDES paper-based reporting with electronic reporting directlyfrom permittees or from the permitting authority, such as Discharge Monitoring Reports,information from permit applications for individual permits and NOIs for general permits,and annual reports

This data will be incorporated into EPA’s national NPDES data system (NPDES-ICIS)

eReporting Rule includes data elements for both Phase I and II MS4s

State and EPA permitting authorities have until December 2020 to start electronicallysubmitting required MS4 data elements

The Phase II MS4 data elements were based on the pre-MS4 Remand Rule regulations

Now that the MS4 Remand Rule has been promulgated, the corresponding Phase II MS4data elements no longer reflect the current regulations

States cannot rely on the current set of Phase II MS4 data elements to comply with botheReporting Rule and Remand Rule requirements

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Other Updates on eReporting16

EPA is forming an EPA-State MS4 Technical Workgroupto assist in defining the applicable MS4 “dataelements” Currently soliciting interested state participants Will be used to collect feedback on the draft changes to the

eReporting data elements to reflect the new MS4 remandrule

EPA is exploring how to make its NPDES eReporting Tool(NeT) for the CGP and MSGP available to states Interested states should contact Amanda Pruzinsky at

[email protected]

Long-Term Stormwater Planning17

Connection to Integrated Planning

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Integrated Planning - a voluntary opportunity for municipalitiesto propose to meet CWA requirements sequencing wastewater and stormwater projects in a way that allows the highest

priority environmental projects to come first, and

potentially using innovative solutions, such as green infrastructure

• regulatory standardsor

• requirements

It is not ameans tochange

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Scope of an Integrated Plan

http://civilengineerspk.com/wp-content/uploads/2014/03/001.jpg

May include National Pollutant Discharge Elimination System (NPDES) permitrequirements for:

Wastewater treatment plants MS4s

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A proactive strategy to addressflooding and stormwater pollutionby synchronizing stormwaterprojects with the community’slong-term vision and plans.

Efficiently synchronize stormwatermanagement with capital improvementplans, comprehensive plans and masterplans

Use green infrastructure to treatstormwater as a resource to waterlandscaping and recharge drinking watersupplies

Explore asset management programs,sustainable financing and other strategiesthat build capacity to support reliableinfrastructure

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What Is A Long-Term Stormwater Plan

Save money by aligning stormwaterupgrades with other infrastructure anddevelopment projects

Reduce flooding and pollution with reliableinfrastructure in order to attract and sustainbusinesses to the community

Build an attractive community for residentsto eat, live, work, play, fish and canoe intheir own backyard

Provide certainty and predictability todevelopers and opens up new opportunitiesfor financing

What are the benefits of a Long-TermStormwater Plan?

Reliable

infrastructure

Cost savings

Flood risk

reduction

Neighborhood

amenities

New

Businesses

Recreational

opportunities

Improved

resiliency

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Provide an online stormwater planning toolkit to help communities develop long-termstormwater plans. Help communities identify federal resources and tools that can helpthem develop their plans.

Provide Technical Assistance to Communities – work with 5 communities to test tool anddevelop plans.

Outline key elements and process for developing long-term stormwater plans socommunities invest in development that aligns with their community identity,sustainability and resiliency to reduce costs.

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“Guide”

“Toolkit”

“Technical Assistance”

A Three-Pronged Approach

Developed based on sustained engagement with key partners including states,communities, business/industry groups, academia and nongovernmentalorganizations.

Community-Based Solutions for Stormwater Management:A Guide for Voluntary Long-Term Planning (Draft)

Set Goals DriversStormwater

Systems

CommunityInvolvement

Alternatives ProposalsMeasuring

Success

The draft guide is available online toencourage continued dialogue and

feedback.

① Assess Where You are Now

② Analyze Opportunities ③ Move Toward Implementation

It includes 3 steps:

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Steps & Elements of the Guide Correspond to theElements of the Integrated Planning Framework

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Draft Long-term Stormwater Planning Guide Integrated Planning Framework

Step 1 - AssessWhere You AreNow

Element 1 – Identify the goals Element 1 – Description of water quality, human health,and regulatory issues

Element 2 – Describe water quality and human health issues to beaddressed in the plan

Element 3 – Describe existing stormwater systems and theirperformance

Element 2 – Description of existing wastewater andstormwater systems and current performance

Step 2 -AnalyzeOpportunities

Element 4 – Stakeholder communication and involvement Element 3 – Stakeholder communication andinvolvement

Element 5 – Identify, evaluate and select stormwater managementalternatives based on identified goals and objectives

Element 4 – Identifying, evaluating, and selectingalternatives and proposing implementation schedules

Step 3 - MoveTowardImplementation

Element 6 – Document a process for proposing investments andimplementation schedules

Element 7 – Document a process for evaluating theperformance/success of the plan’s projects.

Element 5 – Measuring success - evaluation ofmonitoring data, pilot studies

What's Next? Build It ...Communicate It ...Refine it

Element 6 – Improvements to the Plan (adaptivemanagement)

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Initial Mockup of Toolkit

The Stormwater Toolkit walks the user through the steps to develop a long-term stormwater plan. The stepscorrespond to those outlined in the Guide.

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Burlington, IA

Chester, PA

Hattiesburg, MS

Rochester, NH

EPA is collaborating with five communities to help develop long term plans.

Santa Fe, NM

Building Capacity in Communities26

The five communities were interested in pursuing similar goals for their long term stormwater plan.

Develop Asset Management Program

Manage Flooding

Sustainably Finance a Stormwater Program

Create and Implement Stormwater Development Standards and educate developers

Integrate Stormwater into Downtown Redevelopment areas and other Economic Development Plan

Pursue Stormwater Opportunities in Transportation Projects

Improve Water Quality and Manage Water Holistically

Increase Collaboration Throughout the Local Watershed

Increase the resiliency to urban heat and water demand

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Example Community Goals

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Green Infrastructure ProgramUpdate

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2017 Green Infrastructure Webcast Series

Quarterly webcasts cover a variety ofgreen infrastructure topics. Visit our websiteto view archived webcasts and register forupcoming webcasts:

https://www.epa.gov/greeninfrastructure

EPA STAR Grants: Moving GreenInfrastructure Forward (March)

2016 Campus RainWorks Winners (May)

Exploring the Link Between GreenInfrastructure and Air Quality (August)

Teach, Learn, Grow: The Value of GreenInfrastructure in Schools (October)

Growing New Jobs With Green Infrastructure(November)

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2017 Campus RainWorks Challenge

EPA’s sixth annual Campus RainWorksChallenge is a collegiate designcompetition that seeks to: Engage with the next generation of

stormwater management professionals

Foster a multi-disciplinary dialogue aboutthe challenges associated with stormwatermanagement, and potential solutions.

Explore real-world scenarios for theapplication of cutting edge greeninfrastructure practices

Showcase the environmental, economic,and social benefits of green infrastructure

Learn more at:

https://www.epa.gov/green-infrastructure/campus-rainworks-challenge-0

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Tomorrow’s problem solvers

Today’s scholars

Register for the 2017Campus RainWorks Challenge!

September 1-30

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Emerging Issue: Residual DesignationAuthority (RDA)

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Challenges to Use of RDA32

Several lawsuits and a petition calling on EPA todesignate currently unregulated stormwater dischargesas needing NPDES permits, called Residual DesignationAuthority (RDA), are underway.

Actions involve MS4s and other entities (commercial,industrial, institutional, high density residential)

Litigation has potential to establish importantboundaries on when EPA must designate and whatfactors are relevant in making the decision.

Current Litigation33

In the Ninth Circuit and District Court in California, a challenge to EPA’sdenial of a petition to designate commercial, industrial, and institutional(CII) stormwater discharges in two sub watersheds in the LA area. UPDATE:

In the Fourth Circuit and District Court of Maryland, a challenge to EPA’sdenial of a petition to designate CII discharges in a subwatershed inBaltimore City and Baltimore County

In the First Circuit Court of Appeals (New England), a challenge to DistrictCourt rulings in Rhode Island and Massachusetts that held that a decision toapprove a state’s TMDL does not constitute an designation determinationfor stormwater sources identified as possible sources.

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Pending RDA Petitions or Designations34

A petition to designate Los Alamos County and LosAlamos National Laboratory in New Mexico

A petition to designate municipalities in the Inland Baysarea in Delaware

Designation of government entities on Guam

Designation of the City of Moscow, ID and University ofIdaho

Region 4 Activities35

MS4 Permitting Priorities

Technical Assistance

MS4 Training and Outreach

THANK YOU!QUESTIONS?

Mike [email protected]

Websites: Green Infrastructure

www.epa.gov/greeninfrastructure MS4s

www.epa.gov/npdes/stormwater-discharges-municipal-sources Construction Stormwater

www.epa.gov/npdes/stormwater-discharges-construction-activities Industrial Stormwater

www.epa.gov/npdes/stormwater-discharges-industrial-activities

november 16, 2017 · 11/17/2017 2 construction stormwater 4 the 2012 cgp expired on feb. 16, 2017...

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