California Industrial Storm Water Compliance…

the Cascade is Coming!

September 8, 2016 BlueScape Environmental

training@bluescapeinc.com 877-486-9257

Webinar Topics

Topic   Subtopic  1. Overview of California Industrial Storm Water Regulations

• Storm Water Programs in California •  Program Applicability, Conditional Exclusions and Notice of Non-Applicability (NONA)

• Storm Water Pollution Prevention Plan (SWPPP) requirements

• SMARTS Electronic Reporting Requirements • Best Management Practices and Requirements • Monitoring Plans, Sampling and Inspections • Role of the QISP in Storm Water Compliance

2. Level 1 and Level 2 ERA Evaluations

•  Trigger for Evaluation / Pollutant Numeric Action Levels

•  Level 1 ERA Report Requirements •  Is your facility heading to Level 2 Status? •  Tips for SWPPP and Implementing BMPs

About BlueScape •  Founded in 1997 •  Extensive experience with Environmental, Health &

Safety Regulations –  Storm Water, Air Quality, Spill Prevention, Chemical Risk

Management –  See www.bluescapeinc.com

•  Wide Range of Industries Served –  Chemical plants, power plants, data centers, building

materials, aerospace, refineries, coating manufacturing, industrial gas, and oil & gas processing

•  BlueScape EHS – EMS and managed compliance services to reduce business risk

•  BlueScape Technical Services - Solve tough EHS permit and compliance issues: -  Develop permit and compliance strategies, quickly obtain

permits -  Technical analysis tools -  Leverage agency relationships, lead negotiations -  Compliance, enforcement and variance support

•  Move business forward, reduce business risk  

Overview of California Industrial Storm Water

Regulations

Storm Water Regulation Overview •  Water runoff from our cities, highways, industrial facilities and

construction sites can carry –  Pollutants that degrade water quality –  Impact the beneficial uses of our waters.

•  Federal Clean Water Act prohibits certain discharges of storm water containing pollutants.

•  National Pollutant Discharge Elimination System (NPDES) –  Authority and Framework for regulating storm water discharges comes

from the Federal Clean Water Act

•  US EPA delegates it’s federal permitting program to State of California

–  Two decades State Water Resources Control Board (State Water Board); Regional Water Quality Control Boards and the US EPA regulates the run off and treatment of storm water in construction, industrial, municipal, residential areas of California.

Storm Water Regulatory Programs Municipal Separate

Storm Sewer System (MS4) Permits

California Department of Transportation (CALTRANS)

PHASE 1 MS4 Permit

Statewide Construction Storm

Water General Permit (Construction General

Permit (CGP))

Statewide Industrial Storm Water General

Program (IGP)

Municipal Separate Storm Sewer Systems

CALTRANS is the largest municipal storm water discharger in California

Construction projects that disturb one or more acres of soil, or disturb less than one acre but

apart of a larger project

Industries

Regulates storm water entering into local municipal systems

Regulates storm water discharges from linear network of highways

and road facilities

Regulates construction storm water based on project-specific overall

risk

Regulates storm water from industrial activity areas from over 10,000

industries

Phase 1: Medium: (100,000 to

200,000 people Large (>250,000

people)

Phase 2: Small municipalities (<100,000 people)

Non Traditional Small Operations:

Military Bases, public campuses, prisons and hospital complexes not

under Phase 1.

One statewide Phase 1 MS4 Permit

CGP requires temporary and post construction

best management practices. Measures to prevent erosion and reduce sediment and

pollutants in discharges at construction sites.

IGP requires industry owners to implement best

technology available to reduce pollutants in their

storm discharges. Requirement for Storm

Water Pollution Prevention Plan (SWPPP) and

monitoring in accordance with regulatory levels specified in statewide

permit

Poll Question

Is your facility currently required to have a Storm Water Pollution Prevention Plan?

¢ Yes ¢ No ¢  I don’t know

 

Exempt and Non-Exempt Industrial Facilities

•  Required industrial facilities must comply with the 2014 IGP permit to be in compliance with the Clean Water Act

•  Exempted or Non Exempt –  Conditional Exclusion – No Exposure Certification (NEC)

•  For facilities that have no exposure of industrial activities and materials to storm water

–  Notice of Non-Applicability (NONA) •  Allows facilities designed to contain storm water. No

discharges •  Submit a Technical Report in the SMART system

–  Notice of Intent (NOI) •  Facilities that discharge storm water associated with

industrial activity  

 

Basic IGP Requirements for Covered Facilities

•  Covered facilities –  Must develop and implement a storm water pollution

prevention plan (SWPPP) including Best Management Practices (BMPs)

•  Electronic Reporting Requirements –  Certify and submit all permit-related compliance

documents via the Storm Water Multi Application Reporting and Tracking System (SMARTS)

•  Best Management Practices (BMPs) –  Implement minimum BMPs and advanced BMPs to

achieve compliance with the effluent and receiving water limitations

 

 

Covered Facilities Monitoring, Testing & Inspections

•  Monitoring Plans, Sampling and Inspections –  Facility shall have a written site-specific plan –  Collect and analyze samples from at least 4 Qualifying Storm

Events (QSEs) during the first four hours of discharge or start of facility operating within the previous 12 hours

–  Perform monthly storm water discharge visual observations during the compliance year (July 1 – June 30)

•  Perform the appropriate Exceedance Response Actions (ERAs) when there are exceedances of the Numeric Action Limits (NAL) leading to a Level 1 or 2 Status.

 

 

Exceedance Response Actions (ERAs)

Poll Question

Will your facility need to complete a Level 1 ERA evaluation and report?

¢ Yes ¢ No ¢  I don’t know ¢ Not a Facility Manager

Exceedance Response Actions (ERAs)

•  ERAs are required when an annual Numeric Action Level (NAL) or instantaneous maximum NAL exceedance occurs for basic pollutants (TSS, pH*, O&G) or the annual average NAL for additional pollutants is exceeded during a reporting year.

•  First time NAL exceedance, Discharger status changes from Baseline to Level 1 status

•  Second exceedance for the same parameter(s) in a subsequent reporting year, Discharger status is changed from Level 1 status to Level 2 status

Numeric Action Levels (NALs)

•  For basic pollutants monitored (TSS, pH, and O&G), an exceedance of the annual average for the parameter and/or two or more exceedances of the instantaneous maximum NAL results in the facility being in Level 1 status

•  For additional parameters such as metals, COD, BOD, N+N monitored, exceedance of the annual average NAL results in a Level 1 status

•  Annual average is calculated from all sampling data from all sampling locations

Numeric Action Levels (NALs) Average  of  all  samples  

Level 1 ERA Status: Now What?

Level 1 Status •  If an annual or instantaneous NAL is exceeded as

discussed, than Level 1 status begins on the next July 1 (July 1, 2016 for compliance year 2015-2016)

•  Discharger is required to conduct a Level 1 ERA Evaluation using a QISP by October 1

•  Level 1 ERA Evaluation Tasks –  Review SWPPP, and –  Evaluation of Industrial Pollutant Sources –  Assessment of existing Monitoring/Sampling Plan –  Assessment of existing minimum BMPs and any

advanced BMPs (if any) whether adequate –  Identification of additional BMPs; modify existing

BMPs

Role  of  the  QISP  •  QISP = Qualified Industrial Storm Water Practitioner •  Required to perform ERAs when Discharger reaches

Level 1 & Level 2 status •  Performs the Annual Comprehensive Facility

Compliance Evaluation (Annual Evaluation) for Level 1 and 2 Status Facilities

•  Assists in preparation of Annual Reports •  Prepares Level 1 ERA Evaluation and Report •  Prepares Level 2 ERA Action Plan and Technical Report •  Trains appropriate SWPPP team members when facility

is a Level 1 or Level 2 status •  Be informed, responsible, and attentive to the required

duties of QISP & maintain registration in good standing.

Level 1 ERA Status •  Level 1 Status (cont.)

–  Training of Employees by QISP –  Revise SWPPP –  Start implementing new/modified minimum BMPs –  Ensure internal procedures in place to track BMPs

designed and implemented in SWPPP

Once BMPs implemented, QISP to revisit facility and assess Level 1 actions If NAL for pH was exceeded, Level 1 facility has to use pH meter (can’t use pH strips)

Level 1 ERA Report

•  Due January 1 (January 1, 2017) •  Prepared by QISP •  Report Requirements

–  Must contain a summary of the Level 1 evaluation •  All new or revised BMPs added to SWPPP

–  Discharger must certify and submit electronically via SMARTS

Is  Your  Facility  Heading  to  Level  2  Status?  

•  Level 2 ERA Status –  Any subsequent reporting year in which the same

parameter(s) has an NAL Exceedance (annual average or instantaneous maximum)

–  Level 1 status changes on July 1 (2017) of the subsequent year

–  What you must do? •  Submit a Level 2 ERA Action Plan by January 1

(2018) containing schedule and selected demonstrations

•  Submit a Level 2 ERA Technical Report by January 1 (2019) containing details on the selected demonstrations

What are Level 2 ERA Demonstrations?

•  Level 2 ERA Facility Demonstrations –  Industrial activity BMP demonstration to show

industrial pollutant sources and advanced BMPs designed to achieve compliance with effluent limitations and/or NALs; feasibility analysis

–  Non-Industrial Pollutant Source Demonstration that the pollutant is from run-on, aerial deposition from man-made sources, or generated by onsite non-industrial sources that solely caused exceedances

–  Natural Background Pollutant Source Demonstration that pollutant that caused NAL exceedance was solely due to natural background not disturbed by industrial activity

Tips  for  SWPPP  Updates  and  ImplemenDng  BMPs  

•  Retain a QISP •  Keep SWPPP Current •  Train Your Employees •  Perform Inspections •  Maintain House Keeping •  Minimize Exposure •  Prevent Spills & Releases •  Implement advanced BMPs ahead of time in Level

1 stage (e.g., permanent shelters, control and treatment, erosion and sediment controls)

•  Reduce Runoff with Vegetation

Questions? Contact Information BlueScape Environmental

James Westbrook, President Robert Kuykendall, CHMM

Hari Gupta, PE, QISP

877-486-9257 training@bluescapeinc.com

www.bluescapeinc.com

The webinar presentation will be posted on Slideshare and YouTube