NPDES Permitting – An Overview

1. NPDES Permitting – An Overview A&WMA AMS Luncheon Thursday, March 12, 2009 Randall G. York, P.E., BCEE This presentation attempts to present the basics of federal NPDES permits and cannot serve as a standalone summary of applicable requirements (state or federal). You are urged to obtain further information from your permit issuing authority.

2. Items for Today’s Discussion • History of U.S. Water Pollution Control • Scope of The NPDES Program • Types of Permits • Overview of Permit Applications • Practical Advice to Ease the “Pain”

3. History of U.S. Water Pollution Control • Present programs initiated by the 1948 Water Pollution Control Act • Federal role strengthened - Water Pollution Control Act Amendments of 1956 & Federal Water Pollution Control Act Amendments of 1961 • Water Quality Act of 1965 required States to develop standards • EPA in 1970 - Refuse Act Permit Program (RAPP) (under the 1899 Rivers and Harbors Act) • Federal Water Pollution Control Act (FWPCA) Amendments of 1972 were a comprehensive recodification and revision

4. FWPCA Amendments’ Goals • "the discharge of pollutants into navigable waters be eliminated by 1985“; • "an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983"; and • "that the discharge of toxic pollutants in toxic amounts be prohibited".

5. FWPCA Amendments’ Principles • The discharge of pollutants to navigable waters is not a right. • A discharge permit is required to use public resources for waste disposal and limits the amount of pollutants that may be discharged. • Wastewater must be treated with the best treatment technology economically achievable, regardless of the condition of the receiving water. • Effluent limits must be based on treatment technology performance, but more stringent limits may be imposed if the technology-based limits do not prevent violations of water quality standards in the receiving water.

6. Scope Of The NPDES Program • Under the NPDES Program, all facilities which discharge pollutants from any point source into waters of the United States are required to obtain a NPDES permit

7. “Pollutants” • Defined very broadly and includes any type of industrial, municipal and agricultural waste discharged into water • Conventional ( BOD5, TSS, pH, fecal coliform and O&G • Toxic or Priority (metals and organic compounds) • Non-conventional (NH3, N, P, COD and WET)

8. “Point Source” • Includes discharges from publicly owned treatment works (POTWs), discharges from industrial facilities and discharges associated with urban runoff • “Direct” sources discharge wastewater directly into the receiving water body (NPDES) • ”Indirect” sources discharge wastewater to a POTW (National Pretreatment Program)

9. Waters of the United States • Navigable waters • Tributaries of navigable waters • Interstate waters, and Intrastate lakes, rivers, and streams which are: • used by interstate travelers for recreation and other purposes; • sources of fish or shellfish sold in interstate commerce; or • utilized for industrial purposes by industries engaged in interstate commerce.

10. Types Of Permits • Individual Permit is specifically tailored to a facility based on information contained in the permit application (e.g., type of activity, nature of discharge, receiving water quality) • General Permit covers multiple facilities within a specific category and large numbers of facilities can be covered under a single permit.

11. Permit Issuance Process INDIVIDUAL GENERAL

12. NPDES Permits May Be Required for Different Kinds Of Discharges • Industrial Wastewater • Discharges of Stormwater from Industrial Facilities • Discharges of Stormwater Discharges from Municipal Storm Sewers • Discharges of Stormwater from Construction Sites

13. Industrial Wastewater • Process wastewater - Comes into direct contact with process or is covered by an ELG • Noncontact cooling water (NCCW) - Contained within a closed loop and does not contact process. • Contact cooling water (CCW) - Contacts process or otherwise becomes or can become contaminated. • Miscellaneous wastewaters – • Blowdown from boilers or cooling water systems; • Laboratory wastes; • Housekeeping wastewaters; • Seepage from materials, product, or waste storage piles; • Sludge storage/processing operations.

14. Discharges of Stormwater from Industrial Facilities • Point source discharge • SIC Code Applicability • Exposure of Stormwater to Industrial Activities (11 Questions)

15. Discharges of Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) • Phase I (1990) requires larger cities to obtain NPDES permit coverage for stormwater. • Phase II (1999) requires regulated small MS4s to obtain NPDES permit coverage for stormwater. • Phase I MS4s typically are covered by individual permits and Phase II MS4s are covered by a general permit. • MS4s must implement a stormwater management program to reduce contamination.

16. Discharges of Stormwater from Construction Sites • General NPDES Permit • earth disturbance activity with a point source discharge involving 1 to 5 acres • larger plan of development that involves 5 acres • Excludes agricultural, timber, or road maintenance • Individual NPDES Permit • earth disturbance activities that are located in “special protection” watersheds (high quality, exceptional value, and exceptional value wetlands) • may affect existing water quality standards or threatened or endangered species and habitat • have the potential for hazardous or toxic discharges

17. Major Components of a Permit • Cover Page- Name and location of the permittee, statement authorizing the discharge and the specific locations for which a discharge is authorized. • Effluent Limits- The primary mechanism for controlling discharges of pollutants and are based on applicable technology-based and water quality-based standards. • Monitoring and Reporting Requirements - Used to characterize waste streams and receiving waters, evaluate wastewater treatment efficiency, and determine compliance with permit conditions. • Standard Conditions – Pre-established conditions that apply to all NPDES permits and delineate the legal, administrative, and procedural requirements of the permit. • Special Conditions - Conditions developed to supplement effluent limit guidelines. Examples include: best management practices (BMPs), additional monitoring activities, ambient stream surveys, and toxicity reduction evaluations (TREs).

18. Major Components of a Permit Application – Individual • General Information Form (8000-PM-IT0001) • Application Fee - $500 • Proper evidence of Act 14 municipality and county notification • Proof of local newspaper public notice (for new and substantially changed discharges only) • Topographic Map • Industrial Wastewater - Module 1 • Wastewater Treatment Technologies - Module 2

19. Major Components of a Permit Application – Individual (cont.) • Sources Of Wastewater sheet(s) - Module 3 • Analysis Results Table(s) - Modules 4-9 • Hazardous Substance Table - Module 10 • Toxic Chemicals (Optional) - Module 11 • Stormwater (if required) - Module 12 • Stormwater Sampling Data Table (if required) - Module 13 • No Exposure Certification (if required) - Module 14

20. Major Components of a Permit Application – General (Industrial Stormwater) • Completed NOI (signed) (Facility/Contact info, receiving water and outfall info, analytical data, pollutant info, BMPs and compliance history) • NOI filing fee ($100) • Facility Information • Facility Description – Attach a topographic map or sketch indicating the point of discharge at the facility. • Facility Description – Attach a USGS topographic map showing facility and discharge location.

21. Major Components of a Permit Application – General (Construction Stormwater) • Completed NOI Form • Complete Erosion and Sediment Control Plans • Permit filing fee of $250 (may be other fees) • Notifications to the local municipality and county governments that specify Acts 67 and 68 Coordination • Proof of receipt of municipal notifications

22. Major Components of a Permit Application – General (Construction Stormwater) (cont.) • The PNDI Review for the project area • Complete Post Construction Stormwater Management Plan • Consistency letter from Municipal or County Engineer (where applicable) • Appendix B Land Use Questions • Complete Required Worksheets 1 – 5 (project planning details) • Checklist for Subsequent Phases (of permitted projects)

23. Practical Advice to Ease the “Pain” • The D and E in NPDES should be taken seriously. No Discharge = No Permit • Permitting costs more time and money than most expect. Do the work on the front end and you avoid it altogether. Is discharging to a POTW an option? • Include a narrative. This isn't part of any application but helps in the review process. Describe the operations at the facility, how the wastewater is generated, where and how water is collected, etc. • Get the latest version of the forms from the PADEP website. • Closely follow the application instructions. Benefits are obvious! • Completely fill out the application. Sometime units (gpd, mgd, etc.) are changed without explanation, sections left blank etc. If any of this is deliberate an explanation should be provided.

24. Practical Advice to Ease the “Pain” (cont.) • Some applications require a minimum number of samples. Be sure this is met. • If you are applying for a new permit that involves stormwater, sample it. The instructions are not clear about this but, but you will be asked to sample the stormwater. • If you are preparing a "design engineers report" for a Part II application be sure to follow the guidance document. • Spend some time on the site map. Make sure the outfalls are clearly located and update the lat/long if possible.

25. Practical Advice to Ease the “Pain” (cont.) • Implement your BMPs. DEP will visit the site before the permit is issued. If the proposed/existing BMPs are not in place, it will delay the permit. • System design – Keep stormwater separate from industrial waste. Not a requirement, but favorably received by PADEP and in most cases makes sense anyway. • Analyze the application instructions for the sampling requirements and prepare a Sample Protocol document that lists pertinent details. • Discuss the Sample Protocol with the DEP permit writer or compliance specialist, especially if there are anomalies like inaccessible sampling points, no-flow situations, less than 24 hour flow situations, etc.

26. Practical Advice to Ease the “Pain” (cont.) • Be meticulous in the details. • Plan. Plan some more. Check your Plan. • Maintain open communications among Facility Operator, Engineer/Consultant, Sampler, Laboratory and PADEP.

27. Questions? • Randall G. York, P.E., BCEErandall.york@comcast.net