Regulatory Overview
Presented By: Wayne T. Craney, P.E.
Engineering Manager
Industrial Wastewater Enforcement Section
Water Quality Division
Department of Environmental Quality
Outline
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Regulatory History
ODEQ Delegation
Types of Permits in Oklahoma
OKR10 History
Future Regulatory Issues
Regulatory History
 Clean Water Act
 Passed in 1972
 Focus on point source discharges
 Pipes, drains, other easily identified points of discharge
 Established the National Pollutant Discharge Elimination
System (NPDES)
 Amended in 1987
 Addressed more diffuse sources of pollution, such as
stormwater discharges
Regulatory History
 Stormwater Regulations
 Phase I
 Promulgated in 1990
 Required the following to be permitted:
 Medium and large municipal separate storm sewer systems
(MS4s) – generally with populations ≥100,000
 Construction activities disturbing ≥5 acres
 Industrial activities
Regulatory History
 Stormwater Regulations
 Phase II
 Established December 8, 1999
 Required the following to be permitted:
 Small and medium MS4s and those within urbanized area
 Construction activities disturbing ≥1 acre or part of a larger
common plan of development
Regulatory History
 Delegation of NPDES Programs to ODEQ
 November 19, 1996
 Permitting and enforcement of municipal and industrial
wastewater
 September 9, 1997
 Stormwater discharges associated with construction and
industrial sites
 Industrial pretreatment
Stormwater Programs
 DEQ has regulatory authority over the following
stormwater discharges:
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From MS4s
From industrial activities
From construction activities
Through the requirements of individual
permits or OKG11 (concrete batch plants)
MS4s
Oklahoma’s MS4 Permits
 Phase I (2 permittees)
 Individual permits
 City of Oklahoma City
 City of Tulsa
 Phase II (43 permittees)
 General permit
 34 Cities
 5 Counties
 4 Non-Traditional Entities (e.g. Tinker AFB, OU)
 ODOT will be permitted when OKR04 is reauthorized
Oklahoma’s Phase I MS4 Permits
 Individual Permits
 Oklahoma City first issued September 1, 1995
 Tulsa first issued April 1, 1997
 Both are co-permittees with ODOT and OTA
 Pollution Prevention Approach
 Stormwater Management Program (SWMP)
 Developed by MS4
 Spells out how MS4 will address/manage stormwater
discharges
Oklahoma’s Phase II MS4 Permits
 General Permit, OKR04
 Effective February 8, 2005
 Pollution prevention approach
 Uses Stormwater Management Plan (SWMP)
 Must address six minimum control measures
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Select BMPs
Identify “Measurable Goals”
Evaluate effectiveness
Update SWMP
Industrial Stormwater
Oklahoma’s Multi-Sector General
Permit, OKR05
 Only applies to certain industrial activities
 Defined by the Standard Industrial Classification (SIC)
code
 Listed in Table 1-2 of permit by sector
 Only those industrial activities with SIC code in Table 1-2
need to have permit coverage
 Can cross-reference SIC code with NAICS code
Oklahoma’s Multi-Sector General
Permit, OKR05
 Requirements:
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Stormwater pollution prevention plan (SWP3)
Best management practices (BMPs)
Quarterly visual monitoring
Regular site inspections
 No Exposure Criteria requirements
 No permit required if facility meets these requirements
 Essentially all possible pollution sources are kept under
cover and not exposed to precipitation
Construction Stormwater
EPA’s Construction Stormwater
General Permit (CGP)
 Applies where EPA is permitting authority
 i.e. Indian Lands
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First CGP issued in 1992
Current CGP issued on February 16, 2012
Effective for 5-year period
Includes new requirements to implement Effluent
Limitation Guidelines and New Source Performance
Standards for Construction and Development point
sources – aka C&D Rule
C&D Rule
 Requires construction site operators to meet
restrictions on erosion and sediment control,
pollution prevention, and stabilization
 Included a numeric turbidity limit for certain larger
construction sites
 Turbidity Limit = 280 NTU
 Stayed by EPA on January 4, 2011
 Not required to be incorporated in current construction
stormwater general permits by EPA or delegated states
Oklahoma’s Construction
Stormwater General Permit, OKR10
 Is Oklahoma’s version of EPA’s CGP
 Effective for 5-year period
 Includes non-numeric effluent limitation guidelines
from C&D Rule
Oklahoma’s Construction
Stormwater General Permit, OKR10
 Applies to construction activities that disturb an acre or
greater or are part of a common plan of development
that disturbs an acre or greater
 Requirements
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SWP3
Regular site inspections
BMPs
Buffers
Oklahoma’s Construction
Stormwater General Permit, OKR10
 Current permit development process
 Reviewed EPA’s current CGP
 Developed draft of DEQ CGP
 Conducted Stakeholder Advisory Committee and DEQ
Work Group meetings to discuss proposed changes
 Issued CGP on August 13, 2012
 Effective September 13, 2012
Local Construction Permits
 Each MS4 has its own construction stormwater
permitting requirements
 Required as part of MS4 program
 Can be more stringent than state requirements
 Some require permits for sites disturbing less than one acre
 Be sure to check with local authorities to ensure you
have the appropriate permits and are meeting all local
stormwater regulations
Stormwater Enforcement
 Stormwater is the second largest category of
complaints.
 Compliance with CWA provisions is the goal.
 The responsiveness of the RP determines if
enforcement is necessary.
 If enforcement is necessary, it will be taken.
 Enforcement will require an administrative penalty.
Enforcement Orders
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Inspections (14 day compliance period)
Notice of Violation (NOV)
Expedited Consent Order (ECO)
Consent Order (CO)
 with Penalty/Supplemental Environmental Project
(SEP)
 Administrative Compliance Order (ACO)
 with Penalty/SEP
Enforcement Data
 FY 2010
 33 NOVs issued, 9 Orders issued
 $72,800 in penalties/SEPs were collected
 FY 2011
 14 NOVs issued, 7 Orders issued
 $34,500 in penalties/SEPs were collected
 FY 2012
 13 NOVs issued, 4 Orders issued
 $30,750 in penalties/SEPs were collected
Future Regulatory Issues
 EPA Stormwater Rulemaking
 Rule to be proposed by June 10, 2013
 Most apply to MS4s
 Of general note:
 Exploring options for establishing specific requirements for
transportation facilities; and
 Evaluating additional provisions specific to the Chesapeake
Bay watershed
 Not applicable in Oklahoma
Future Regulatory Issues
 EPA Stormwater Rulemaking
 Of note for construction industry:
 Develop performance standards from newly developed
and redeveloped sites to better address stormwater
management as projects are built
 Would require the implementation of post-construction
best management practices to retain the runoff from a
certain size storm event onsite
Future Regulatory Issues
 EPA Stormwater Rulemaking
 Of note for MS4s:
 Explore options for expanding the protections of the MS4
program;
 Evaluate options for establishing and implementing a
municipal program to reduce discharges from existing
development (aka “Retrofit”);
 Evaluate establishing a single set of minimum measures
requirements for regulated MS4s.
Future Regulatory Issues
 Construction Effluent Limitation Guidelines
 Numeric Turbidity Limit
 Currently under review by EPA
 Additional treatment performance data from construction
and development sites being sought
 Will propose limit in future
 May require construction site operators to sample and
analyze stormwater discharges
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