overview of changes to okr10 carrie j. evenson, ph.d. environmental programs specialist iv...
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Overview of Changes to OKR10
Carrie J. Evenson, Ph.D.Environmental Programs Specialist IV
Industrial Wastewater Enforcement SectionWater Quality Division
Department of Environmental Quality
Permit Drafting Process Overview of Changes Application Process
Outline
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
Permit Drafting Process
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
Stakeholder Advisory Committee
OKR10 can be found here:
http://www.deq.state.ok.us/wqdnew/stormwater/OKR10Permit_2012_final%20Review_August.pdf
Permit Location
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
Areas of Change
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 Changes
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
Definition of an Operator
Impaired, Outstanding, & Sensitive Waters
2005
2012
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
Outstanding or Sensitive 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
Impaired Waters Requirements
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
Endangered Species Provisions
http://www.wildlifedepartment.com/wildlifemgmt/endangered/burying_beetle.htm
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_605-006_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
Concrete and Asphalt Batch Plants
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
SWP3 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)
Buffer Requirements
Form 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
Notice of Intent (NOI) Changes
Added new check box
Notice of Intent (NOI) Changes
Added new certification statements
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 UnitP.O. Box 1677Oklahoma City, OK 73101-1677FAX (405) 702-6226
Make checks payable to “Oklahoma Department of Environmental Quality”
Application Process
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 Wayne T. Craney - (405) 702- 8139 Bob Giger (North) - (405) 702- 8112 Michele Loudenback (West)– (405) 702 - 8116 Joe Willingham (South) - (405) 702- 8129
DEQ Stormwater Contacts
Questions, Comments, Discussion