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EPA Region 1: NPDES Municipal Stormwater Permitting Update

EPA Region 1: NPDES Municipal Stormwater Permitting Update. David M. Webster, Chief Industrial Permits Branch EPA New England NPDES Program. December 3, 2009. Topics to be Covered. Program Overview and Handouts Overview

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EPA Region 1: NPDES Municipal Stormwater Permitting Update

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  1. EPA Region 1: NPDES Municipal Stormwater Permitting Update David M. Webster, Chief Industrial Permits Branch EPA New England NPDES Program December 3, 2009

  2. Topics to be Covered • Program Overview and Handouts Overview • Draft Small MS4 Permit and Activities Reported under 2003 Small MS4 Permit • Permit conditions • Changes from the previous permit • Summary of comments received • Estimated permit timeline • Update on other stormwater activities • Questions

  3. Storm Water Permitting: Program overview • Construction - CGP • Industrial - MSGP • Municipal – MS4 Permits • Residual Designation • Individual Permits

  4. Program Overview • Phase II Stormwater promulgated in 1999 • Regulates stormwater discharges from small Municipal Separate Storm Sewer Systems (MS4) • Implemented through National Pollutant Discharge Elimination System (NPDES) permit program

  5. What is an MS4? • A municipal separate storm sewer system (MS4) is: • A conveyance or system of conveyances... owned by a state, city, town, or other public entity that discharges to waters of the U.S. and is: • designed or used for collecting or conveying stormwater • not a combined sewer • not part of a Publicly Owned Treatment Works (POTW)

  6. This is an MS4!

  7. Regulated MS4s: MA / NH • Regulated universe in MA • 237 Traditional • 13 Non-traditional • 13 Waivers • 2 Large MS4: Boston, Worcester (6/20/08 draft) • Regulated universe in NH • 38 Traditional • 4 Non-traditional • 7 Waivers

  8. Availability of Draft Permit • NH – Draft permit currently available • Public notice December 23, 2008 to February 20, 2009 • Public hearing – January 28, 2009 • MA – Draft permit available Fall/Winter 2009 • At least 2 General permits – watershed based • Incorporation of state regulations

  9. Planned Permits for MA

  10. Draft Permit Contents • Part 1 – Introduction • Part 2- Non-Numeric Effluent Limits • Water Quality • Maximum Extent Practicable • Part 3 – Monitoring • Part 4 – State specific requirements • Part 5 – Record keeping and Reporting • Part 6 – Requirements for Non-Traditional

  11. Draft Permit Contents • Part 7 – Requirements for Transportation MS4s • Appendices • A – Definitions • B – Standard Conditions (40 CFR 122.41) • C – Areas of Coverage • D - Endangered Species Guidance • E – Historic Property Guidance • F – Notice of Intent Template • G – TMDL requirements

  12. Part 1 - Details • Describes eligibility and limitations on coverage • NOIs due 90 days from the effective date of permit • Each NOI will be made available for public comment • Authorization after public notice

  13. Part 2 - Water Quality • General requirements to comply with water quality standards • Specific requirements for discharges to impaired waters without approved Total Maximum Daily Loads (TMDL) • Specific requirements for discharges to waters with approved TMDLs

  14. Part 2 – Maximum Extent Practicable (MEP) • Includes the control measures from the previous permit • Includes more specific requirements for: • Public education • Illicit Discharge Detection (including monitoring) • Post Construction Stormwater Management • Good House Keeping

  15. Six Minimum Measures • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Construction Site Runoff Control • Post-Construction Stormwater Management for New and Re-development • Pollution Prevention/Good Housekeeping for Municipal Operations

  16. NPDES Phase II Small MS4 Permit ProgramSWMP MCM Summaries & Select MetricsPermit Year 6 (2008-2009) MA Cities and Towns Only (164 of 238 Reporting)

  17. MCM #1 - Education & Outreach Practices Reported Status of Practices Proposed in SWMP

  18. MCM #2 - Public Participation & Involvement Reported Status of Practices Proposed in SWMP

  19. MCM #3 - Illicit Discharge Detection & Elimination Reported Status of Practices Proposed in SWMP

  20. Reported Status of Outfall Mapping (% Complete)* *Year 6: 77% reporting (125 of 164 annual reports) Year 5: 73% reporting (114 of 156 annual reports)

  21. Reported Regulatory Mechanism Status for IDDE* * 96% reporting (157 of 164 year 6 annual reports)

  22. MCM #4 - Construction Site Runoff Control Reported Status of Practices Proposed in SWMP

  23. MCM #5 - Post-Development Runoff Control Reported Status of Practices Proposed in SWMP

  24. MCM #6 - Pollution Prevention and Good Housekeeping Reported Status of Practices Proposed in SWMP

  25. Reported Frequency of Street Sweeping (Commercial/Arterial)* • *Year 6: 81% reporting (133 of 164 year 6 annual reports) • Year 5: 81% reporting (126 of 156 year 5 annual reports)

  26. Reported Frequency of Street Sweeping (Residential)* *Year 6: 83% reporting (136 of 164 year 6 annual reports) Year 5: 85% reporting (133 of 156 year 5 annual reports)

  27. Reported Frequency of Catch Basin Cleaning (Commercial/Arterial)* *Year 6: 77% reporting (127 of 164 year 6 annual reports) Year 5: 75% reporting (117 of 156 year 5 annual reports)

  28. Reported Frequency of Catch Basin Cleaning (Residential)* *Year 6: 76% reporting (124 of 164 year 6 annual reports) Year 5: 72% reporting (113 of 156 year 5 annual reports)

  29. Reported Catch Basin Screenings Use & Disposal* * 48% reporting (78 of 164 year 6 annual reports)

  30. Reported Annual Expenditures on Stormwater Management Program* Average: $94,400 *Year 6: 34% reporting (56 of 164 year 6 annual reports) Year 5: 36% reporting (56 of 156 year 5 annual reports)

  31. Public Education & Involvement Public Outreach&Public Involvement Public Education/Involvement touches all the other minimum measures

  32. Public Education • Identifies specific audiences for education • Identifies specific topics for education • Requires evaluation of the effectiveness of educational messages

  33. Illicit Discharge Detection and Elimination (IDDE) • Ordinance – required by 2003 permit • Definition and limits • Ability to stop discharges/correct problems • Access • Fines and Penalties • Complete system map • Assessment of system for illicit discharge potential • Systematic protocol for locating and removing illicits includes monitoring • Tracking program success • Prevent illicit discharges (Public education, e.g., hotline) www.cwp.org

  34. Construction • Ordinance in place –required by previous permit • Sediment and erosion • Good housekeeping/ pollution prevention • Submit plans for review • Fines and penalties • Plan review process • Trained staff • Integrated with post-construction review • Inspection • Inventory and tracking of sites • Ability to respond to citizen complaints • Schedules, routine vs. targeted • Education • Builders and developers, citizens, staff

  35. Post-Construction • Ordinance covering new development and redevelopment – required by 2003 permit • Requirements for plan review • Reference design criteria • Maintenance requirements • Fines and penalties • Assessment of street design to support low impact development • Assessment of regulations to allow green infrastructure practices • Assessment of impervious areas and implement efforts to reduce • Long term maintenance program www.cwp.org

  36. Municipal Operations • Develop a program to prevent stormwater pollution from municipal operations • Training for employees • Standard operating procedures – parks, buildings, vehicles, and roads • Stormwater Pollution Prevention Plans for maintenance garages and waste handling facilities

  37. Monitoring Program • Associated with illicit discharge detection program • Dry weather screening of all outfalls • Wet weather sampling of all outfalls • Required in the NH draft – may change • Several comments on this – EPA reviewing

  38. Summary of NH MS4 GP Comments • Comments from 19 entities • Over 150 comments – EPA developing responses • Hot topics • Water quality requirements • Good housekeeping – roadway maintenance, catch basin cleaning • Monitoring – frequency, location, parameters • Cost to implement

  39. Permit Timeline (estimate) • NH - Draft available • Public comment period closed (2/20/09) • Prepare response to comment • Issue final permit – publish in Federal Register • Estimate final permit early 2010 • MA – at least 2 general permits • Develop drafts – 1st available Winter 2009/2010 • Public notice – 30 day minimum • Public meetings and hearings (potential) • Final issuance summer 2010

  40. Other Stormwater Activities • Construction General Permit • Issued July 2008 for two years – extended to July 2011 • Reissued permit will include promulgated effluent limitation guidelines (ELGs) • Final ELGs – published 11/23/09 • Multi-Sector General Permit • Issued September 29, 2008 • Residual Designation Authority • EPA to require permits from certain impervious areas in the Charles River Watershed

  41. Contact Information David Webster 617.918.1791 Webster.david@epa.gov Thelma Murphy 617.918.1615 Murphy.thelma@epa.gov

  42. EPA Web • “NPDES Storm Water Permit Program” • http://www.epa.gov/region01/npdes/stormwater/index.html

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