STORMWATER PERMITTING UNRAVELED NCMA Water Quality Workshop Feb 19, 2015, Raleigh, NC Bethany Georgoulias, Stormwater Permitting Program

Outline  Overview of Stormwater Permitting Programs  NPDES Stormwater Permitting  Stormwater Pollution Prevention Plans  Benchmark Concentrations  Tier Responses to Benchmark Exceedances  Permitting Construction Activity

Stormwater Permitting Programs  Federal NPDES Stormwater Program  Phase I  Phase II  State Stormwater Programs  Phase II Post-Construction (Session Law )  Coastal Stormwater (Session Law )  High Quality Waters / Outstanding Resource Waters  Water Supply Watershed  Nutrient Sensitive Waters  Special Management Strategies (e.g., Goose Creek)  401 Water Quality Certifications

STORMWATER POLLUTION PREVENTION PLANS NPDES Stormwater Program Photo from Ohio EPA

Federal NPDES SW Program  Industrial activities in 10 categories  Municipal separate storm sewer systems (MS4s) serving >100,000 population  Construction activities disturbing > 1 acre (Phase II lowered threshold from 5 acres)  Smaller MS4s (Phase II) Photo by DLR Photo by DWR Most NPDES SW permits require an SPPP

Stormwater Pollution Prevention Plans  SPPP Requires:  Site Plan (location map; facility map; storage practices; significant spills; certify no non-stormwater discharges).  Stormwater Management Strategy (feasibility study; secondary containment records; BMP summary)  Spill Prevention and Response Procedures (not just SPCC)  Solvent Management Plan (some permits)  Preventative Maintenance/Good Housekeeping Program  Employee Training (at least annually)  Facility inspections (site & SW systems, semi-annually)  Responsible Party  Annual (at least) SPPP update. Every Year! (list of spills, BMP evaluation, re-certify whether outfalls have non- stormwater discharges, review year’s analytical data, etc.)

Purpose of an SPPP  Identify pollutant sources to stormwater  Identify best management practices (BMPs) that reduce or eliminate potential water quality impacts  Implement those BMPs (not just a paperwork exercise)  Vigilance of how activities might impact stormwater; look out for problems  Identify improvement opportunities  Understand where your stormwater goes PROACTIVE INSTEAD OF REACTIVE

Beauty of the SPPP

SPPP Flexibility  If drainage areas, outfalls, or monitoring change, change the SPPP – no need to modify the permit.  If a new BMP needs to be installed, revise the SPPP – no need to modify the permit (approval of BMP might be required under State Stormwater or a local program, if post-construction related).  If the waterbody becomes listed as impaired or a Total Maximum Daily Load (TMDL) is established, change the site map – no need to modify the permit.  If the regional office requires actions (e.g., Tier responses), retain the correspondence in the SPPP – no need to modify the permit.

SPPP Enforcement  Enforcement responsibility on two parties: The PERMITTEE and PERMITTING AUTHORITY  Take SPPP off the shelf and use it (instead of collecting dust until a surprise inspection). Implementation is a permit requirement.  UPDATE IT at least annually. Meaningfully.  Train employees regularly; continuity even in turnover.  Keep records together so they’re easy to get to (monitoring, responses, training, etc.)  DEMLR works with permittees to improve short falls in SPPP implementation.

STORMWATER MONITORING AND BENCHMARKS NDPES Stormwater Program Photo by DWR

Stormwater Discharge Monitoring  Qualitative/Visual and Analytical Monitoring  Benchmark values guide analytical monitoring  Tiered Response to Benchmark Exceedances Tier 1 – identify potential cause and take action, document Tier 2 – monthly monitoring until 3 samples below benchmark, Tier 1 actions First exceedance 2 exceedances in a row “Tier 3” – Must notify DEMLR, who may revise monitoring, require certain BMPs, or other actions Any 4 exceedances

What Are Stormwater Benchmarks?  Benchmarks are NOT effluent LIMITS.  “Action level” concentrations that trigger investigation and management actions.  Generally based on aquatic impacts.  Tool for the permittee to respond to possible stormwater exposure problems.  Tool for DEMLR to identify recurrent problems or assist permittee in correcting.

Stormwater Benchmarks

FAQs About Benchmarks Q : How are SW benchmarks derived? A : Typically reflect level of protection for acute (short-term) exposure (e.g., metals, toxicants). This is usually ½ FAV. A : May be based on other criteria, regulations or data sources (e.g., TSS, BOD 5 ) when no acute equivalent.

FAQs About Benchmarks Q : Why are some values so much lower than the drinking water standard (like copper)? Isn’t that unreasonable for stormwater runoff? A : it’s not all about people.

FAQs About Benchmarks Q : What happens when I get into “Tier 3” because I can’t get a concentration below a benchmark? A : It depends. Photo from What if this site is next door, running onto your facility? What if you haven’t done anything about this? Photo from

Metals Benchmarks Update  Triennial Review revised NC metals standards  New standards include dissolved metals and revise hardness assumption (no longer 50 mg/l)  DWR implements method to translate dissolved to total concentrations for NPDES permitting  Stormwater Program adopted consistent approach for metal benchmarks  Permits issued since January 2014 include new benchmarks; other permits are being revised upon renewal

New Freshwater Metal Benchmarks Cr III new Previous

What Happens in Tier 3?  Facility monitoring data exceeded benchmark any four times and must notify Regional Office  DEMLR wants an understanding of what permittee has already done to investigate sources, alleviate sources, considered feasibility of implementing, etc.  RO will visit and help assess  RO will respond with further direction. Until then, permittee continues monthly monitoring.

Addressing Exceedances

Working with Permittee

CONSTRUCTION ACTIVITY AT INDUSTRIAL FACILITIES NPDES Stormwater Program Photo by DWR

Construction Stormwater  When is it needed?  Construction will disturb an acre or more  Project needs E&SC Plan approval by local or state program  Do you need to submit a Notice of Intent (NOI)?  No, automatic coverage upon E&SC approval  Can I skip getting an NCG01 if I already have a different NPDES stormwater permit for my industrial activity?  No, both permits apply.  That’s IN ADDITION to the E&SC Plan requirements.  NCG01 covers discharges from construction only.

QUESTIONS? Stormwater Permitting Program Telephone: (919)