presented by: barton g. jones, p.e. strand associates, inc. 4433 professional parkway
DESCRIPTION
“Future Stormwater Permitting Will Change The Focus Of Stormwater Management Programs…WILL YOU BE READY ?”. Central Ohio Stormwater Expo Columbus, Ohio February 28, 2012. Presented by: Barton G. Jones, P.E. Strand Associates, Inc. 4433 Professional Parkway Columbus, Ohio 43125 - PowerPoint PPT PresentationTRANSCRIPT
“Future Stormwater Permitting Will Change The Focus Of Stormwater Management Programs…WILL YOU BE READY ?”
Presented by: Barton G. Jones, P.E.Strand Associates, Inc.
4433 Professional ParkwayColumbus, Ohio 43125
Email: [email protected]: 614.835.0460
Central Ohio Stormwater ExpoColumbus, OhioFebruary 28, 2012
Overview of Presentation
• Significant CWA Milestones Affecting Today’s Discussion• Water Quality Stressors And Pollutant Sources • Future Tensions Affecting Stormwater Management• USEPA Acknowledges MS4/TMDL/NPDES Shortfalls• USEPA’s Reaction Regarding Future Stormwater Control • Resultant Impacts To, And Potential Next Steps For, MS4s• Appeals Court Ruling Respecting Stormwater Management
Significant CWA Milestones(A Brief History Of Time)
CWA
Exis
ting
Use
s11
/28/
75Effe
ctiv
e“In
The
Beg
inni
ng”
10/1
8/72
Stor
mw
ater
Pe
rmitt
ing
12/2
2/87
CSO
Con
trol
Po
licy
4/19
/94
CSO
FC
A G
uida
nce
2/9
7
USE
PA U
AA
Sym
posi
um
6/0
2
Toda
y’s
Dis
cuss
ion
2/28
/201
2
WQ
S R
egul
atio
ns
11/8
/83
TMD
Ls
Req
uire
d10
/22/
92
“Int
erim
” Ec
onom
ic
Gui
danc
e fo
r WQ
S3/
95
USE
PA T
MD
L R
ules
7/00
TMD
L R
ule
Effe
ctiv
e 4/0
3
Water Quality Stressors Have Shifted Over Time*
* USEPA Office of Science & Technology, Sept. 2010
Stressors Then(Circa 1972~2005)
Stressors Now(Circa 2005~2012)
(1) Conventional and Industrial Pollutants
(1) Nutrients
(2) Pathogens (2) Excess Sedimentation
(3) Degradation Of Riparian Zone(4) Pathogens
Pollutant Sources Have Also Shifted*
* USEPA Office of Science & Technology, Sept. 2010
Sources Then(Circa 1972~2005)
Sources Now(Circa 2005~2012)
(1) Wastewater Point Sources (Municipal and Industrial)
(1) Agriculture (Row Crops and Livestock)
(2) Unsewered Areas (2) Stormwater (MS4 and NPS)(3) Wet Weather Municipal WWTP Effluent, SSOs, CSOs
Why Has Nutrient Impairment Gained Importance ?
• Drinking Water NO3-N Violations Have Doubled Since 2005
• Gulf Of Mexico Hypoxia Zone
• Chesapeake Bay Impairment
NO3-N Drinking Water Concern
Relative Nutrient Source Contributions*
* USEPA Office of Science & Technology, Sept. 2010
Gulf Of Mexico
Crops43%
Livestock37%
Wwtp+Storm 12%
Natural8%
PHOSPHORUS
Crops61%
Livestock5%
Wwtp+Storm9%
Atmosphere21%
Natural4%
NITROGEN
Relative Nutrient Source Contributions*
* USEPA Office of Science & Technology, Sept. 2010
Chesapeake Bay
Crops19%
Livestock26%
Municipal Wastewater21%
Stormwater31%
Natural3%
PHOSPHORUS
Crops17%
Livestock26%
Municipal Wastewater25%
Stormwater11%
Atmosphere21%
NITROGEN
Most Water Quality Pollutants Are Now Delivered By Wet Weather
Rural/Exurban - NPS Urban/Suburban – MS4
Additional Tensions Affecting Future Stormwater Management Programs*• 80% Of U.S. Population Reside on 10% of Land• Population To Increase ~ 135 Million Over Next 40 years• 50% Of Urban Areas Will Be Redeveloped by 2030• 30% Of Future Housing Stock Not Yet Built
* USEPA Office of Science & Technology, Sept. 2010
USEPA Admits Improvement Needed And Will Increase Control Via CWA Authority
Regulated Community Should Expect To See Additional Controls In All NPDES Permits During Subsequent Renewals
Elements Historically Under Utilized
Because, A Lack Of
MS4 Permits Urban Stormwater Controls For Flow, Nutrients And Pathogen Reduction
TMDL Program Limits On All Discharges To Impaired Waters
Technology-Based Numeric Nutrient Criteria in NPDES Permits
Wastewater Treatment Facility Discharge Limits For Nutrients
…So, What’s USEPA’s Reaction ?(A Briefer History Of Time)
CWA
Exis
ting
Use
s11
/28/
75
Effe
ctiv
e“In
The
Beg
inni
ng”
10/1
8/7
2
Stor
mw
ater
Pe
rmitt
ing
12/2
2/87
CSO
Con
trol
Po
licy
4/19
/94
CSO
FC
A G
uida
nce
2/9
7
USE
PA U
AA
Sym
posi
um
6/0
2
Toda
y’s
Dis
cuss
ion
2/28
/201
2
WQ
S R
egul
atio
ns
11/8
/83
TMD
Ls
Req
uire
d10
/22/
92
“Int
erim
” Ec
onom
ic
Gui
danc
e fo
r WQ
S3/
95
USE
PA T
MD
L R
ules
7/00
TMD
L R
ule
Effe
ctiv
e
4/0
3
USE
PA M
EMO
11/1
2/1
0
The “Memo”November 12, 2010 USEPA Memorandum Entitled “Establishing TMDL Waste Load Allocations (WLAs) For Stormwater Sources and NPDES Permit Requirements Based On Those WLAs”
• Providing Numeric WQBELs in NPDES Permits For Stormwater Discharges Into Impaired Waters
• Disaggregating Stormwater Sources In A WLA
• Using Surrogates For Pollutant Parameters When Establishing Targets For TMDL Loading Capacity
• Designating Additional Stormwater Sources To Regulate
New Regulatory Framework Publication Of Draft Stormwater Rule Has Been Postponed Multiple
Times From October 2011. New Schedule Expected In March 2012 With Draft Rule Anticipated To Be Released This Fall
Expected To Address The 4 Broad Categories Identified In USEPA’s November 12, 2010 Memo; Plus No Distinction Between Phase 1 and 2 Communities; And No Combined Sewer System Exclusion…”Devil In The Details”
By Court Order, Final Stormwater Rule To Be Published In November 2012. Now Expected To Slip With Court’s Approval.
USEPA/USCOE (With Court Approval) Attempting To Expand Definition of “TNW” Which Is The Legal Threshold For CWA Protection
What Does This Mean For Stormwater Management Programs ?
1. Paradigm Shift From The Technology-Based 6 Minimum Control Measures (MCMs) Implemented To The Maximum Extent Practical (MEP) To Water Quality-Based Performance Standards, Such As:
End of Pipe Discharge Limits Mandated Use of Green Infrastructure Flow Control (Pre-development Hydrology) Impervious Area Budgets
2. Beginning With MS4 Permit Renewals
} Pollutant Surrogates
What Does This Mean For Stormwater Management Programs ?3. Stormwater Management Costs Are Expected To Escalate Each Permit Cycle ($<$$<$$$...<$n)
4. Significant Revisions To Stormwater Management Programs And Ordinances Will Be Necessary To Meet New Regulations
5. Consider Creating A Stormwater Utility To Pay For New Stormwater Management Responsibilities
6. Consider Developing And Implementing A Wet Weather Water Quality Monitoring Plan To Document Baseline Conditions Now And Compliance With Water Quality Standards In Future
What Does This Mean For Stormwater Management Programs ?7. For Impaired Waters, Consider Development of 3rd Party TMDLs Or Peer Review TMDLs Developed By OEPA Or OEPA’s Contractor(s)
8. Consider Need To Install Green Infrastructure Now, Particularly As Pilot Projects, To Document Efficiency And O & M Costs Which Will Support Alternatives Analyses Using Business Case Evaluation Techniques
9. Consider Performing Stormwater Infrastructure Inventory And Condition Assessments Now In Order To Develop And Implement A Stormwater Asset Management Program
Appellate Court Ruling May Further Impact Stormwater Management
March 10, 2011; U.S. Court of Appeals For The 9th Circuit Ruling: Affirmed by Court on July 13, 2011
Court Agreed That MS4s Are Responsible For All Pollutants Discharged From The System, Even Those That Originate Outside the MS4
Court Agreed That MS4s Are Bound By Pollution Limits In Their MS4 Permits And TMDLs
The Stormwater Management Psychological DichotomyFrom The Regulators Perspective…
To Dream The Impossible Dream*To Fight The Unbeatable FoeTo Bear With Unbearable SorrowTo Run Where The Brave Dare Not Go “Quixotic” - adj. Striving for visionary ideals. To Right The Unrightable WrongTo Love Pure And Chaste From AfarTo Try When Your Arms Are To WearyTo Reach The Unreachable Star* Lyrics By Joe Darion
From The Regulated Communities Perspective…
There Is Nothing More Difficult To Take In Hand, More Perilous To Conduct, Or More Uncertain In Its Success, Than To Take The Lead In The Introduction Of A New Order Of Things*
* Niccolo Machiavelli
QUESTIONS ?
Presented by: Barton G. Jones, P.E.Strand Associates, Inc.
4433 Professional ParkwayColumbus, Ohio 43125
Email: [email protected]: 614.835.0460