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
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Program Overview and Handouts Overview
Draft Small MS4 Permit and Activities Reported
under 2003 Small MS4 Permit
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Permit conditions
Changes from the previous permit
Summary of comments received
Estimated permit timeline
Update on other stormwater activities
Questions
Storm Water Permitting:
Program overview
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Construction - CGP
Industrial - MSGP
Municipal – MS4 Permits
Residual Designation
Individual Permits
Program Overview
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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
What is an MS4?
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
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)
This is an MS4!
Regulated MS4s: MA / NH
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Regulated universe in MA
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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
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
Planned Permits for MA
Draft Permit Contents
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
Part 1 – Introduction
Part 2- Non-Numeric Effluent Limits
– Water Quality
– Maximum Extent Practicable
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Part
Part
Part
Part
3
4
5
6
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–
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Monitoring
State specific requirements
Record keeping and Reporting
Requirements for Non-Traditional
Draft Permit Contents
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Part 7 – Requirements for Transportation
MS4s
Appendices
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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
Part 1 - Details
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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
Part 2 - Water Quality
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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
Part 2 – Maximum Extent
Practicable (MEP)
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Includes the control measures from the
previous permit
Includes more specific requirements for:
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Public education
Illicit Discharge Detection (including monitoring)
Post Construction Stormwater Management
Good House Keeping
Six Minimum Measures
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Public Education and Outreach
Public Involvement and
Participation
Illicit Discharge Detection and
Elimination
Construction Site Runoff Control
Post-Construction Stormwater
Management for New and Redevelopment
Pollution Prevention/Good
Housekeeping for Municipal
Operations
NPDES Phase II Small MS4
Permit Program
SWMP MCM Summaries
& Select Metrics
Permit Year 6 (2008-2009)
MA Cities and Towns Only
(164 of 238 Reporting)
MCM #1 - Education & Outreach Practices
Reported Status of Practices Proposed in
SWMP
Brochures/Pamphlets
Web Page
Cable/PSAs/Videos
Stormw ater Education Programs
Displays/Posters/Kiosks
Signage
Special Events
New spaper/Press Releases
Contests
0%
10%
20%
30%
40%
50%
% Implemented or Completed
60%
70%
80%
90% 100%
% Proposed in SWMP
MCM #2 - Public Participation &
Involvement Reported Status of Practices
Proposed in SWMP
Stormwater Management Committee
HHW Collection
Catch Basin Markers
Cleanups
Public Forums
Partnerships
Hotline/Webline
Public Surveys
Water Monitoring Program
0%
10%
20%
30%
40%
% Implemented or Completed
50%
60%
70%
80%
90%
% Proposed in SWMP
100%
MCM #3 - Illicit Discharge Detection &
Elimination
Reported Status of Practices Proposed in
SWMP
Program Development
Outfall Inspection
Outfall Monitoring
Illegal Dumping Program
Employee Training
Septic System Inspection
Program
Outfall Inventory
0%
10%
20%
30%
40%
50%
% Implemented or Completed
60%
70%
80%
90%
% Proposed in SWMP
100%
Reported Status of Outfall Mapping (%
Complete)*
100% Complete
76-99% Complete
51-75% Complete
26-50% Complete
0-25% Complete
0% Complete
0%
10%
20%
30%
40%
Annual Report Year 5
50%
60%
70%
80%
90%
Annual Report Year 6
*Year 6: 77% reporting (125 of 164 annual reports)
Year 5: 73% reporting (114 of 156 annual reports)
100%
Reported Regulatory Mechanism
Status for IDDE*
In Place Prior to
Phase II
10%
Reviewing
Existing
Authorities
21%
Adopted
49%
Draft in Review
9%
Drafted
11%
* 96% reporting (157 of 164 year 6 annual reports)
MCM #4 - Construction Site Runoff Control
Reported Status of Practices Proposed in
SWMP
Inspection
Plan Review Process
Enforcement
Public Complaint Hotline
Ordinance/By-law
(Construction Only)
Receipt of Public Input
Inspector Training
0%
10%
20%
30%
40%
50%
% Implemented or Completed
60%
70%
80%
90%
% Proposed in SWMP
100%
MCM #5 - Post-Development Runoff Control
Reported Status of Practices Proposed in
SWMP
Ordinance/By-law PostConstruction Only
Inspection
Maitenance Covenants
Plan Review Process
Standard Specs/Detail
Drawings
Enforcement Procedures
Design Standards
0%
10%
20%
30%
40%
50%
% Implemented or Completed
60%
70%
80%
90%
% Proposed in SWMP
100%
MCM #6 - Pollution Prevention and Good
Housekeeping
Reported Status of Practices Proposed in
SWMP
Deicing
Catch Basin/Pipe Cleaning
Street Sweeping
Employee Training
SWPPP/SPCC Plan
Grounds Care/ Integrated Pest Management
BMP Maintenance
Vehicle Washing
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% Implemented or Completed
% Proposed in SWMP
Reported Frequency of Street
Sweeping (Commercial/Arterial)*
>2x/year
2x/year
1.5x/year
1x/year
1x/2 years - 1x/year
0%
5%
10%
15%
20%
Annual Report Year 5
25%
30%
35%
40%
45%
Annual Report Year 6
*Year 6: 81% reporting (133 of 164 year 6 annual reports)
Year 5: 81% reporting (126 of 156 year 5 annual reports)
50%
Reported Frequency of Street
Sweeping (Residential)*
>2x/year
2x/year
1.5x/year
1x/year
<1x/year
0%
10%
20%
30%
Annual Report Year 5
40%
50%
60%
70%
Annual Report Year 6
*Year 6: 83% reporting (136 of 164 year 6 annual reports)
Year 5: 85% reporting (133 of 156 year 5 annual reports)
Reported Frequency of Catch Basin
Cleaning (Commercial/Arterial)*
>2x/year
2x/year
1.5x/year
1x/year
<1x years
0%
10%
20%
30%
Annual Report Year 5
40%
50%
60%
70%
Annual Report Year 6
*Year 6: 77% reporting (127 of 164 year 6 annual reports)
Year 5: 75% reporting (117 of 156 year 5 annual reports)
Reported Frequency of Catch Basin
Cleaning (Residential)*
>2x/year
2x/year
1.5x/year
1x/year
<1x/year
0%
10%
20%
30%
Annual Report Year 5
40%
50%
60%
70%
80%
Annual Report Year 6
*Year 6: 76% reporting (124 of 164 year 6 annual reports)
Year 5: 72% reporting (113 of 156 year 5 annual reports)
Reported Catch Basin Screenings
Use & Disposal*
10%
Other
8%
Recycle
12%
Beneficial Use
45%
Landfill
26%
Compost
0%
5%
10%
15%
20%
25%
30%
35%
40%
* 48% reporting (78 of 164 year 6 annual reports)
45%
50%
Reported Annual Expenditures on
Stormwater Management Program*
>$250000
Average: $94,400
$100,001-250000
$25,001-100,000
$5,001-25,000
$1-5,000
$0
0%
5%
10%
15%
Annual Report Year 5
20%
25%
30%
35%
40%
Annual Report Year 6
*Year 6: 34% reporting (56 of 164 year 6 annual reports)
Year 5: 36% reporting (56 of 156 year 5 annual reports)
Public Education &
Involvement
Illicit Discharge Detection
and Elimination
Post Construction Runoff
Control
Public Outreach
&
Public Involvement
Construction Site Runoff
Control
Good Housekeeping
Public Education/Involvement touches all the
other minimum measures
Public Education
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Identifies specific
audiences for education
Identifies specific topics for
education
Requires evaluation of the
effectiveness of
educational messages
Illicit Discharge Detection
and Elimination (IDDE)
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Ordinance – required by 2003 permit
– Definition and limits
– Ability to stop discharges/correct
problems
– Access
– Fines and Penalties
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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
Construction
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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
Post-Construction
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Ordinance covering new
development and redevelopment –
required by 2003 permit
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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
Municipal Operations
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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
Monitoring Program
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Associated with illicit discharge detection
program
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Dry weather screening of all outfalls
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Wet weather sampling of all outfalls
– Required in the NH draft – may change
– Several comments on this – EPA reviewing
Summary of NH MS4 GP
Comments
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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
Permit Timeline (estimate)
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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
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MA – at least 2 general permits
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Develop drafts – 1st available Winter 2009/2010
Public notice – 30 day minimum
Public meetings and hearings (potential)
Final issuance summer 2010
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
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Multi-Sector General Permit
– Issued September 29, 2008
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Residual Designation Authority
– EPA to require permits from certain impervious
areas in the Charles River Watershed
Contact Information
David Webster
617.918.1791
[email protected]
Thelma Murphy
617.918.1615
[email protected]
EPA Web
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“NPDES Storm Water Permit
Program”
http://www.epa.gov/region01/n
pdes/stormwater/index.html
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