Overview of Changes to OKR10
Carrie J. Evenson, Ph.D.
Environmental Programs Specialist IV
Industrial Wastewater Enforcement Section
Water Quality Division
Department of Environmental Quality
Outline
 Permit Drafting Process
 Overview of Changes
 Application Process
Permit Drafting Process
 Reviewed EPA’s current CGP
 Developed draft of DEQ CGP
 Conducted Stakeholder Advisory Committee and DEQ
Work Group meetings to discuss proposed changes
between December 2011 and February 2012
 Submitted final draft to EPA for review on March 20,
2012
Permit Drafting Process
 Received and addressed comments from EPA on June
22, 2012
 Opened public comment period on June 29, 2012
 Closed public comment period on July 31, 2012
 Addressed public comments
 Issued CGP on August 13, 2012
 Effective September 13, 2012
Stakeholder Advisory Committee
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Aaron Milligan – SW Manager, Norman
Craig Thurmond – Builder, Thurmond Consulting INC.
Jason Vogel – Professor, OSU
Geoff Canty – Consultant, formerly with EST INC.
Richard McKown – Developer, Green Earth Land Design LLC
Kevin Burgess – Biologist, USFWS
Richard Smith - Manager, INCOG
Steven Barnett – Contractor, K & R Builders INC.
Michele Dolan – Stormwater Coordinator, ODOT
Mike Means – Executive Vice President, Oklahoma State Home
Builders Association
Permit Location
 OKR10 can be found here:
http://www.deq.state.ok.us/wqdnew/stormwater/OKR10Pe
rmit_2012_final%20Review_August.pdf
Areas of Change
 Definition changes
 Impaired, outstanding, & sensitive waters
requirements
 Endangered species provisions
 Stormwater discharges from asphalt and concrete
batch plants
 Stormwater pollution prevention plans
 Buffer requirements
 Form changes
Definition Changes
Definition Changes
 Defined new terms:
 Temporary stabilization
 To provide temporary cover:
 During establishment & growth of vegetation, and/or
 In areas where earth-disturbing activities will occur again
 Final stabilization
 To provide permanent cover and qualify for permit
termination
Definition Changes
 “Owner/Operator” replaced with “Operator”
 Clarified use of term
 “Owner” = individual who owns structure or land
 Doesn’t necessarily imply operational control of
construction activities
 Established “primary operator” and “secondary
operator”
 Primarily for use with larger common plans of development
with multiple parties meeting definition of “operator”
Definition of an Operator
 Primary operator
 Elected to obtain permit coverage for all discharges at a
construction site
 Responsibilities
 Ensuring sufficient overall controls at site
 Developing and maintaining SWP3
 Identifying all secondary operators and areas where they
are active
 Ensuring secondary operators are aware of SWP3
requirements and BMPs applicability to their activities
Definition of an Operator
 Secondary operator
 May obtain separate permit coverage and develop
SWP3 for their areas of activity
 Responsibilities:
 Must be familiar with and abide by primary operator’s
permit and SWP3
 Must notify primary operator prior to beginning earth
disturbing activities
 Must avoid damaging or interfering with BMP
effectiveness
Impaired, Outstanding, &
Sensitive Waters
2005
2012
Outstanding or Sensitive Waters
Requirements
 For sites discharging to Outstanding Resource Water
(ORW) or Aquatic Resource of Concern (ARC)
 Indicate on NOI and/or address in SWP3
 Inspection frequency
 Changed from once every 14 days to once every 7 days and
within 24 hours of ≥ 0.5 inch storm event
 Stabilization requirements
 Initiated immediately following day earth-disturbing
activities have temporarily or permanently ceased
 Completed within 7 days
Outstanding or Sensitive Waters
Requirements
 For sites discharging to Outstanding Resource Water
(ORW) or Aquatic Resource of Concern (ARC)
 100 ft buffer zone required
 Alternately, use Addendum I “Buffer Guidance” for
equivalent controls
 Temporary or permanent sediment basin required for
areas that serve an area with ≥5 acres disturbed
 Corrective actions required
Impaired Waters Requirements
 Defined new term:
 Impaired water or water quality impaired water
 Identified by State or EPA pursuant to Section 303(d) or the
Clean Water Act as not meeting applicable State water
quality standards
 Includes
 Waters with approved or established TMDLs, and
 Waters for which a TMDL has not yet been established or
approved
Impaired Waters Requirements
 For sites within one mile of streams impaired for
sediment:
 Indicate on Notice of Intent
 Inspection frequency
 Changed from once every 14 days to once every 7 days and
within 24 hours of ≥ 0.5 inch storm event
 Stabilization requirements
 Initiated immediately following day earth-disturbing
activities have temporarily or permanently ceased
 Completed within 7 days
Endangered Species Provisions
Endangered Species Provisions
 Eligibility criteria
 Not located within corridors of Aquatic Resources of
Concern (ARC)
 Located within a corridor of an ARC but SWP3 describes
area and specifies measures to be employed to protect
species or habitat
 Contact DEQ, not USFWS, when applicants don’t
meet the criteria
http://www.wildlifedepartment.com/wildlifemgmt/endangered/burying_beetle.htm
Concrete and Asphalt Batch
Plants
Concrete and Asphalt Batch
Plants
 Support activity criteria
 Directly related to construction site with OKR10 permit
coverage
 Is NOT a commercial operation serving multiple
unrelated construction projects
 BMPs for support activity are identified in construction
site’s SWP3
 Is NOT located within watershed of ORW
Concrete and Asphalt Batch
Plants
 Monitoring and reporting requirements from OKR05
added to OKR10 (see Addendum G)
 Must meet same requirements as plants with OKR05
coverage including:
 Conducting quarterly visual monitoring
 Completing at least annual site inspections
 Submitting Annual Comprehensive Site Compliance
Evaluation reports (ACSCERs)
Concrete and Asphalt Batch
Plants
 ACSCERs
 Annual review of the plant as well as SWP3
 Completed using findings from annual comprehensive
site inspection
 Submitted to DEQ by March 1st of each year
 Reported using DEQ Form 605-006
 http://www.deq.state.ok.us/WQDnew/forms/form_605006_okr05_ascer_2011-08-05.pdf
Concrete and Asphalt Batch
Plants
 For asphalt batch plants only:
 Numeric effluent limitation monitoring (NELM) applies
 Must sample stormwater discharge at least once per year
for following parameters:
Concrete and Asphalt Batch
Plants
 For asphalt batch plants only:
 NELM continued:
 Analyses to be conducted by DEQ certified laboratory
 NELM results to be submitted to DEQ on Discharge
Monitoring Reports (DMR) annually by March 1st
 DMR form can be found at:
http;//www.deq.state.ok.us/WQDnew/stormwater/dmr.pdf
 For construction projects lasting less than one year
 Collect at least one NELM sample
 Conduct quarterly visual monitoring
 Submit ACSCER
SWP3 Requirements
SWP3 Requirements
 Added “practice of engineering” reference:
“Use of a licensed professional engineer (PE) for SWP3
preparation is not required by the permit. However, if any
part of the SWP3 involves the practice of engineering,
then those engineering practices and designs are required
to be prepared by a licensed professional engineer.”
SWP3 Requirements
 Modified content of SWP3 to be consistent with EPA’s
construction stormwater general permit
 Added “Corrective Action” provision
 Complete corrective action within 7 days from the time
of discovery
 Document corrective action in SWP3 within 7 days of
completion
SWP3 Requirements
 Must address all non-numeric effluent limitation
guidelines
 Erosion and sediment control
 Stabilization
 Pollution prevention
 Must address monitoring requirements for support
activities
 Straw/hay bale barriers no longer allowed as erosion
or sediment control
Buffer Requirements
Buffer Requirements
 Two (2) buffer requirements (see Addendum I)
 Discharging into receiving water located on or
immediately adjacent to your site
 Provide 50 feet of natural buffer as measured from the top
of the bank to disturbed portions of the site
 Discharging to the watershed of ARC and/or ORW
 Provide 100 feet of vegetated buffer between area
disturbed and all perennial or intermittent streams; or 50
feet of vegetated buffer between area disturbed and all
ephemeral streams or drainages.
Buffer Requirements
 Types of Streams
 Perennial
 Flow year-round
 Intermittent
 Flow periodically/seasonally when there is enough water
from various sources
 Ephemeral
 Exist for short periods of time, usually during a rainy period
 May have defined channels even when they are dry
Buffer Requirements
 Three compliance alternatives
 Alternative 1: Provide and maintain a 50/100-foot natural
buffer
 Alternative 2: Provide and maintain >50/100-foot buffer
and install additional erosion and sediment controls
 Alternative 3: Implement equivalent erosion and
sediment controls to achieve the same sediment load
reduction as provided by a 50/100 foot natural buffer if
natural buffer of any size is infeasible
Buffer Requirements
 Natural buffers and equivalent sediment controls
don’t apply when:
 Water crossings, limited water access, and stream
restoration authorized under a Clean Water Act (CWA)
Section 404 permit exist
 No natural buffer exists due to preexisting development
disturbances (e.g., structures, impervious surfaces)
Form Changes
Notice of Intent (NOI) Changes
 New fees:
 Referenced in Oklahoma Administrative Code 252:606
Appendix D
 Application fee = $100
 Submit once with NOI
 Permit fee = $330 + Consumer Price Index adjustment
 Currently $340.56
 Prorated for first year
Notice of Intent (NOI) Changes
 Added “Purpose of Project”
 To describe project and allow DEQ to determine if
permit is required
 Example: Stone Briar Farms
Notice of Intent (NOI) Changes
 Added new check box
Notice of Intent (NOI) Changes
 Added new certification statements
Application Process
Application Process
 For sites permitted with DEQ as of September 12,
2012:
 If complete, submit Notice of Termination and pay
annual permit fee
 If still under construction, submit Notice of Intent (NOI)
no later than December 13, 2012
 Permit and application fees were invoiced in October
 Pay that invoice
 Do NOT submit additional application fee with NOI
Application Process
 For sites where operator changes:
 Submit NOI form from new permit indicating
“Modification” at least 2 days before assuming
operational control
 Include application fee with NOI
 Only submit SWP3 if the project is located:
 Within Outstanding Resource Waters
 Within a Federal and State ARC
 Within a larger site which is disturbing land of 40 or more
acres.
Application Process
 For new construction sites/developments permitted
after September 12, 2012:
 Submit NOI form from new permit at least 30 days prior to
start of earth disturbing activities
 Include application fee with NOI
 Only submit SWP3 if the project is located:
 Within Outstanding Resource Waters
 Within a Federal and State ARC
 Within a larger site which is disturbing land of 40 or more
acres.
Application Process
 For all:
 Mail to:
DEQ/Environmental Complaints and Local Services (ECLS)
Storm Water Unit
P.O. Box 1677
Oklahoma City, OK 73101-1677
FAX (405) 702-6226
 Make checks payable to “Oklahoma Department of
Environmental Quality”
DEQ Stormwater Contacts
 Permitting
 Mark Derichsweiler – (405) 702- 8188
 Karen Milford – (405) 702- 8191
 Permit Administration
 Matt Pace - (405) 702- 6209
 Amber McIntyre - (405) 702- 6167
 Matt Johnson- (405) 702- 6182
 Compliance/Enforcement
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Wayne T. Craney - (405) 702- 8139
Bob Giger (North) - (405) 702- 8112
Michele Loudenback (West)– (405) 702 - 8116
Joe Willingham (South) - (405) 702- 8129
Questions, Comments, Discussion