1. 1 SW 101 or Learning to Swim in the NPDES Storm Water Program Brent Larsen EPA Region 6 8 th Annual Region 6 MS4 Operators Conference June 26, 2006

2. 2 Purpose of SW101 Review the NPDES Phase I Storm Water Program Review the NPDES Phase II Storm Water Program Illustrate Phase I and Phase II Integration

3. 3 Terms to Know NPDES - National Pollutant Discharge Elimination System CGP – Construction General Permit MS4 – Municipal Separate Storm Sewer System SWMP – Storm Water Management Program SWP3 or SWPPP – Storm Water Pollution Prevention Plan BMP – Best Management Practice NOI – Notice of Intent NOT – Notice of Termination TMDL – Total Maximum Daily Load ESA – Endangered Species Act NHPA – National Historic Preservation Act SHPO/THPO – State or Tribal Historic Preservation Officer

4. 4 WHY ARE WE HERE? CLEAN WATER!

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8. 8 American Fisheries Society Web Site www.fisheries.org

9. 9 What is storm water? Runoff from natural precipitation, such as rain events and snow melt and other surface runoff and drainage

10. 10 Is there a problem? According to 2000 305b report, of the 32% of the nation’s waters that were assessed, 40% were impaired: Rivers & Streams: 19% assessed, 39% impaired, 11% of impairment due to urban runoff/storm sewers Lakes & Ponds: 43% assessed, 45% impaired, 18% of impairment due to urban runoff/storm sewers Estuarine: 36% assessed, 51% impaired, 32% of impairment due to urban runoff/storm sewers Shoreline miles >50% of are impaired due to urban runoff/storm sewers

11. 11 Why is Storm Water a Problem? Developed and disturbed land contributes to problems Quality Quantity Other pollutants enter storm sewer systems and pollute storm water Illicit discharges Illicit connections

12. 12 Storm Water Pollutants Sediment Nutrients Bacteria Oxygen Demand Oil and Grease Trace Metals Toxic Chemicals Chlorides Thermal Impacts

13. 13 Imperviousness and Water Quality Consequences of impervious land coverage Reduced infiltration of rainwater Increased runoff volumes and velocity Collects and concentrates pollutants Increases ambient air and water temperature

14. 14 Imperviousness vs. Storm Water Runoff

15. 15 Changes in Hydrology After Development

16. 16 Regulatory Hierarchy

17. 17 Established NPDES, pretreatment, and construction grants programs Permits are a privilege – not a right Effluent limits must be both technology- and water quality-based Maximum duration is 5 years Provided for State programs Established significant penalties for permit violations Federal Water Pollution Control Act Amendments of 1972

18. 18 Clean Water Act of 1977 Shifted focus from conventional pollutants to toxic pollutants Continued focus on industrial and municipal wastewater

19. 19 Water Quality Act of 1987 Specifies storm water permitting requirements Established nonpoint source grant program Increased penalties for noncompliance

20. 20 NPDES Statutory Framework All “point” sources “Discharging pollutants” Into “waters of the U.S.” Must obtain an NPDES permit from EPA or an authorized State

21. 21 NPDES Permit Program

22. 22 A “Point” of Confusion: Point Source vs. Nonpoint Source POINT source Discharge from a discrete point into waters of the U.S. Travels through a conveyance system Regulated under NPDES permit program NONPOINT source Runoff that is not a point source Largely a voluntary program at the Federal level

23. 23 Waters of the United States 40 CFR §122.2 All waters currently used, used in the past, or susceptible to use for interstate or foreign commerce including all waters which are subject to the ebb and flow of the tide… Examples of “Waters of the US” include: rivers and streams - rivers and streams - lakes and ponds - tributaries - wetlands - sloughs - playa lakes - territorial seas - others...

24. 24 Storm Water Regulatory History Storm Water Phase I Final Rule November 16, 1990 Transportation Act of 1991 Response to the 9th Circuit Court Decision: December 18, 1992

25. 25 Storm Water Regulatory History Storm Water Phase II Final Rule December 8, 1999 Addresses other sources to protect water quality Developed over four years with assistance from a Federal Advisory Committee Over 500 public comments received on proposed rule Largely upheld by 9 th Circuit and Supreme Court

26. 26 How is Storm Water Regulated Under the NPDES Program? Phased approach to regulation Phase I: Regulated discharges from MS4s and industrial activity Phase II: Regulated discharges from small MS4s and small construction Issuance of permits to regulated dischargers

27. 27 What does Phase I cover? 11 categories of Industrial Activity Including construction disturbing at least 5 acres Large and Medium Municipal Separate Storm Sewer Systems (MS4s) serving a population of at least 100,000 Other sources as designated

28. 28 What does Phase II cover? Small construction disturbing at 1-5 acres Regulated Small Municipal Separate Storm Sewer Systems (MS4s) Other sources as designated

29. 29 Universe of NPDES Facilities Municipal and Industrial Sources (60,000) Stormwater Phase II (200,000) CAFOs (15,000) Stormwater Phase I (300,000) 1972197719821987199219972002 0 100 200 300 400 500 600 thousands Storm water facilities represent 75% of NPDES universe!

30. 30 Expected Benefits of SW Program Enhanced commercial, recreational and subsistence fishing Enhanced opportunities for swimming, boating and noncontact recreation Reduced flood damage Drinking water benefits Navigational benefits Reduced illness from consuming contaminated seafood and swimming in contaminated water Enhanced aesthetic value

31. 31 Types of NPDES Permits Individual 1 application submitted --> 1 permit issued General 1 permit issued --> many applications submitted Issued on an area-wide (State, watershed, etc.) basis Available when: Same or similar operations Discharge same wastes

32. 32 Permit Issuance Process Individual General

33. 33 Permitting Approach: Statutory Requirements Industrial Permits Achieve BAT/BCT and WQS MS4 Permits May be issued on a system-wide basis Effectively prohibit non-storm water discharges Reduce pollutants to MEP

34. 34 Permitting Framework Emphasis on pollution prevention MS4 storm water management plan Industrial and construction storm water pollution prevention plans Opportunity to develop priorities based on case-specific factors Allows system/jurisdiction wide permits Recognizes industry specific characteristics

35. 35 Who are the Permitting Authorities for the Storm Water Program? 45 States and one Territory serve as PAs for the NPDES Storm Water Program Non-delegated States where EPA is the PA include: AK, ID, MA, NH, and NM EPA still issues permits on Indian land and for Federal facilities in some authorized States and for some discharges in OK & TX

36. 36 NPDES permits are federally enforceable Violators subject to federal and state enforcement actions and penalties Compliance with a permit issued pursuant to Section 402 deemed compliance with the Clean Water Act Expedited Settlement Offers (ESOs) being used by EPA enforcement for certain discharges Enforcement

37. 37 Storm Water is just a piece of the Water Quality Puzzle

38. 38 Water Quality Standards (WQS) Set by States, Territories, and Tribes. Identify the uses for each waterbody e.g., drinking water supply, swimming, or fishing, and the scientific criteria to support that use. WQS provide goals for water quality restoration and protection http://www.epa.gov/ost/standards/

39. 39 Effluent Guidelines Provide national, minimum discharge standards for over fifty major industries Implemented through NPDES permits http://www.epa.gov/ost/guide/

40. 40 Sanitary Sewer Overflows Discharges of raw sewage from municipal sanitary sewer systems Occur due to problems such as limited capacity and infiltration http://www.epa.gov/owm/sso.htm

41. 41 Combined Sewer Overflows Combined Sewer Systems are not addressed by SW program CSS serve roughly 950 communities with about 40 million people CSOs contain not only storm water but also untreated human and industrial waste, toxic materials, and debris http://www.epa.gov/owm/cso.htm

42. 42 Total Maximum Daily Load (TMDL) Program A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. http://www.epa.gov/owow/tmdl/

43. 43 Nonpoint Source (NPS) Management Program NPS Program encourages voluntary adoption of BMPs Section 319 provides grant funds to States, Territories and Indian Tribes Coastal Nonpoint Pollution Control Program addresses NPS problems in coastal waters http://www.epa.gov/owow/nps/

44. 44 Where can I get more information? www.epa.gov/region6/sws www.epa.gov/npdes/stormwater

45. 45 You can order The Ye Olde 96er, a SIX POUND burger at Denny’s Beer Barrel Pub. Source: Seattle News (Caption from picture, EPA neither endorses nor recommends and particular company or product)Seattle News Just take it one bite at a time!