Construction Permitting and 2011 Effluent Limitations

Construction Permitting and 2011

Effluent Limitations

Presentation To:

76th Annual KSPE Convention

April 27, 2011

Today’s Outline

• Requirements of the 2009 Re-issuance of the

Construction General Permit

• 12/1/2009 Federal Construction ELGs and

New Source Performance Standards - Status

• Existing Construction Requirements in Phase

1 and Phase 2 Municipal Separate Storm

Sewer Systems (MS4s)

• Federal Standards to be proposed for Post

Construction

Antidegradation Requirements – General Permits

• 401 KAR 10:030 Section 1(3)(b)2a

• May require:

– Additional analyses

– Additional control measures

– Or other conditions

• Describe in Fact Sheet how general permit

complies with the antidegradation requirements

• Notify public of activities granted coverage under a

general permit using Cabinet Webpage

Antidegradation Requirements – General Permits

• Additional Control Measures

– Buffer Zones

– Minimize disturbance and duration of disturbance

– Control measures manage storm events up to

and including a 2-year, 24-hour event

The Construction General Permit

ELIGIBILITY CHANGES

• Existing exclusions

– Exceptional Waters

– Outstanding National Resource Waters

– Outstanding State Resource Waters

– Subject to an existing individual KPDES permit or

application

– Subject to a promulgated storm water effluent guideline or

standard

– Determined to be or may reasonably be expected to be

contributing to a violation of a water quality standard or to

the impairment of a 303(d) listed water

ELIGIBILITY CHANGES

• Revised exclusions

– Cold Water Aquatic Habitats (CAH)

– Exceptional Waters

– Outstanding National Resource Waters

– Outstanding State Resource Waters

– Sediment Impaired Waters with an approved

TMDL

– Has an individual permit with a BMP Plan

requirement

PERMIT REQUIREMENTS

Stormwater Pollution Prevention Plan (SWPPP)

Minimize Size and Duration of Disturbance

Stabilization

Buffer Zones

SWPP Plans

• Permittee develop & implement prior to commencement of construction activities

• Include erosion prevention measures, sediment control measures & site management practices to prevent discharge of pollutants and minimize impacts

• Measures and practices selected shall be based on site-specific conditions

• Installed and maintain to effectively minimize discharges from storm events up to and including a 2-year, 24-hour event

SWPP Plan Elements

• Site Description

• Site Map(s)

• Description of other industrial activities

• Documentation of Stormwater Controls

• Maintenance of Stormwater Controls

• Non-Stormwater Discharge Management

• Inspections – Permittee Conducted

• Maintaining an Updated Plan

• Signature, Plan Review & Making Plans Available

SWPP Plan – Maintenance of Stormwater Controls

• Controls are to maintained in an effective operating

condition

• USEPA recommends sediment control devices be

maintained at no more 1/3 capacity

• Maintenance shall be conducted if practicable before

the next storm event for controls or management

practices that are failing or require maintenance

SWPP Plan – Permittee Inspections

• Regular inspections – Once every 7 days

– Once every 14 days and within 24 hours of any storm event of 0.5 inches or greater

• Inspectors – Knowledgeable & skilled in assessing site conditions &

effectiveness of measures & management practices

– Training in stormwater construction management • KEPSC, CEPSC, CPSWQ, TNEPSC, CESSWI

• Or other similar training

– Prepare & retain reports on all inspections

Stabilization Requirements

• Final Stabilization

– Permanently ceased initiate within 14 days of

date of cessation

– Suspended for 180 days or more initiate as soon

as practical but no later than 14 days after the

180th day of suspended activity

• Temporary Stabilization

– Within 14 days of the date of temporary cessation

Buffer Zone

• Buffer Zone required between edge of water

body and any disturbance

– High Quality & Impaired (Non-construction

related) maintain a 25 foot buffer zone

– Impaired (Sediment, no TMDL) maintain a 50 foot

buffer zone

– If cannot be maintained adequately protective

alternative practices may be employed

– SWPPP shall explain any alternate practice &

how it is adequately protective

Buffer Zone

• Edge of Receiving Water is defined as bankfull

elevation of a water of the Commonwealth

Federal ELG Timeline

• On 12/01/09, EPA promulgated effluent guidelines and new

source performance standards for discharges from

construction sites. Final Rule Effective 2/1/2010

• New rule requires construction sites to implement erosion

and sediment controls and pollution prevention measures.

• Phase-in requirement for sites to sample stormwater

discharges and comply with a numeric limit of 280 NTUs.

– Beginning 08/01/11, sites disturbing 20+ acres

– Beginning 02/02/14, sites disturbing 10+ acres

• Three industry groups filed court challenges to the effluent

guidelines

• The cases were consolidated into the U.S. 7th Circuit Court

of Appeals in Chicago

Federal ELG Timeline (Cont.)

EPA has discovered that the data used to derive the numeric

turbidity limit were misinterpreted.

– Proper interpretation of this data will likely result in a different numeric

limitation than was promulgated.

• On 9/20/10, the 7th Circuit issued an order holding the case

in abeyance pending EPA’s reconsideration of the limit.

• Effective 01/04/11, the numeric limit and associated

monitoring requirements are stayed.

• EPA intends to issue a draft revised numeric limit as soon as

possible (anticipated early summer 2011).

• Also see

http://water.epa.gov/scitech/wastetech/guide/construction/

Construction Permitting within MS4

Construction Site Stormwater Runoff

Within MS4 Control

Permittee shall implement and enforce an

ordinance or other regulatory mechanism

that addresses stormwater runoff from

active construction sites that disturb one

acre or more, and active construction sites

less than one acre in size that are part of a

larger common plan of development or

sale, located within the MS4 upon

issuance of this permit.


Within MS4 Control

The ordinance or other regulatory

mechanism shall include, at a minimum:

– Requirements for construction site operators to implement

appropriate erosion and sediment control best management

practices (BMPs) that, at a minimum, shall be as protective as

Kentucky’s General Permit for Stormwater Construction sites

(KYR10 permit).

– Requirements for construction site operators to control waste

such as discarded building materials, concrete truck washout,

chemicals, litter, and sanitary waste at the construction site that

may cause adverse impacts to water quality.


Within MS4 Control • Permittee shall develop, implement, and enforce a program to reduce

pollutants in stormwater runoff from active construction sites. The program to be implemented shall include, at a minimum:

– A permitting process with plan review to affirm compliance with local

ordinances, inspection, and enforcement capability for all projects subject to this program.

– Procedures for periodic inspections of all known permitted construction sites during construction to verify proper installation and maintenance of required erosion and sediment controls. A recommended level of effort for periodic inspections should be all active sites monthly and all new sites within two (2) weeks after initiation of land disturbance. Enforcement shall be conducted as appropriate based on the inspection results.

– Development and implementation of an enforcement strategy that includes escalating enforcement remedies to respond to issues of non-compliance.

Current Requirements for MS4 Communities in

Kentucky for Post Construction in New

Development and Re-Development

Post-Construction Stormwater Management in New

Development and Redevelopment

Current MS4 programs shall implement and

enforce an ordinance or other regulatory

mechanism that addresses post-construction

stormwater runoff from active construction sites

that disturb at least one acre, and projects less

than one acre that are part of a larger common

plan of development or sale, located within the

MS4.



• The permittee shall develop a locally derived water-quality treatment standard that requires new development projects to implement controls to manage runoff through water-quality control structures.

• The standard shall be based, at a minimum, on an analysis of precipitation records to determine the equivalent surface depth of runoff (e.g. 0.75 inches) produced from an 80th percentile precipitation event.

Post-Construction Stormwater Management in

New Development and Redevelopment

The proposed local standard will require, in

combination or alone, management

measures that are designed, built, and

maintained to treat, filter, flocculate, infiltrate,

screen, evapo-transpire, harvest and reuse

stormwater runoff, or otherwise manage the

stormwater runoff quality.



Within twelve (12) months of the effective date of

the permit current MS4 programs shall review

and evaluate municipal policies related to

building codes, or other local regulations, with a

goal of identifying regulatory and policy

impediments to the installation of green

infrastructure, such as green roofs, porous

pavements, water harvesting devices, grassed

swales instead of curb and gutter, rain barrels

and cisterns; downspout disconnection, etc.



• The 80% calculation is essentially looking at the typical rainfall events for a year, and determining what rainfall depth is equal to the 80th percentile of all events – meaning that if you capture/treat with BMP all rainfall events less than or equal to that depth, you will have captured 80% of the total rainfall for the year.

• To do this, it is necessary to determine the rainfall events that occur annually, this can be done by defining a typical year, or by analyzing discrete historical rainfall data. These annual rainfall events are then plotted as a cumulative distribution function as shown below. This chart will easily illustrate the depth of storm event that corresponds to each percentile of the annual storms.



The off-site mitigation option entails infiltration/evapotranspiration/reuse measures that may be implemented at another location in the same sewershed/watershed as the original project, approved by the permittee. The permittee shall identify priority areas within the sewershed or watershed in which mitigation projects can be completed



The payment-in-lieu option allows the owner/operator of a construction site that disturbs one acre or a project that is less than one acre but is part of a larger common plan of development or sale to choose to make a payment to the permittee, in lieu of implementing post-construction BMPs. The permittee will apply these funds to a public stormwater project. (Usually at a 2:1 or 3:1 ratio)



For either of these options to be available,

the permittee must ensure the proper legal

authority, create an inventory of

appropriate mitigation projects, and

develop appropriate institutional standards

and management systems to value,

evaluate and track transactions.

Dates to remember: Kentucky

Ky Construction GP:

Effective Date:

Expiration Date:

MS 4 Permits:

LFUCG

Effective Date:

Expiration Date:

Small MS4 GP

Effective Date:

Expiration Date:

Louisville MSD

PN Date:

Issuance:

August 1, 2009

July 31, 2014

July 31, 2009

August 14, 2009

March 1, 2010

February 28, 2015

August 2010

In final review

Federal Standards to be Proposed for Post

Construction in New Development and Re-

Development

Rulemaking for Stormwater Controls Coming…From

EPA

• 10/30/09 - EPA announced in a FR notice its intention to propose a rule

to control stormwater from, at a minimum, newly developed and

redeveloped sites.

• Primary impetus – protect waterbodies from stormwater impact of

urbanization.

• EPA collected data through an Information Collection Request made to

the following groups to inform the rulemaking effort:

– Owners/operators/developers/contractors of developed sites

– Owners or operators of MS4s

– States and territories

• September 2011 – EPA intends to propose a draft rule for public

review/comment.

• November 2012 – EPA expects to take final action.

EPA Stormwater Rulemaking Considerations: Performance

Standards for Discharges from New Development

• Requirements for site design and/or controls to ensure the

on-site retention of the excess stormwater discharge volume

produced from development.

– Infiltration/evapotranspiration/harvesting

stormwater

• Exceptions/alternative compliance options to account for site

constraints and water rights.

• Credits for land use strategies with water quality benefits

such as brownfield development, multi use development,

transit oriented development .

• Flexibility to account for existing state post construction

standards.

Stormwater Rulemaking Considerations:

Performance Standards (cont.)

• Performance standards for discharges from

redeveloped areas

– Same standard as new development

– additional credits and exceptions/alternative

compliance options

– Flexibility to account for existing state post

construction standards

• Exploring alternative compliance options for

roads and additional site constraints

• May to apply outside MS4

Jory Becker, P.E.

Environmental Engineering Branch Manager

Surface Waters Permit Branch

Division of Water

Phone: 502 564-3410, ext. 4850

E-Mail: [email protected]

Contact Information

Construction Permitting and 2011 Effluent Limitations

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