Gail B. BoydWoodward-Clyde Consultants

California State University SacramentoFebruary 1998

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Gail B. BoydWoodward-Clyde Consultants

International Erosion Control AssociationReno, NevadaFebruary 1998

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OVERVIEW

I. Technical Aspects

II. Regulatory Aspects

III. Planning an Effective Compliance

Program

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TECHNICAL ASPECTS

• Storm water related pollutants

• Pollutant sources

• Transport mechanisms

• Water quality and habitat impacts

• Relative scale of this problem

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TYPICAL POLLUTANTS IN STORM WATER

• Toxic substances (e.g., heavy metals, organic chemicals)

• Oil and grease

• Nutrients (e.g., phosphates, nitrates)

• Oxygen-demanding substances

• Sediments (clean and contaminated)

• Pathogens (e.g., bacteria, virus)

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MAJOR SOURCES OF POLLUTANTS

• Air pollutants

• Eroded soil and minerals

• Construction materials (e.g., weathered paint, wood preservatives, roofing, siding)

• Manufactured products (e.g., automotive products and worn parts, cleansers, solvents, fertilizers, pesticides)

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MAJOR SOURCES OF POLLUTANTS (Continued)

• Flora and fauna

• Exposed outdoor storage, handling, and disposal of chemicals and other materials

• Exposed process equipment

• Unmanaged or improper releases or disposal (e.g., leaks, spills, illicit sewer connections, illegal dumping)

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MAJOR “PROCESSES” AND PATHWAYS

• Raindrop nucleation/formation

• Atmospheric scrubbing

• Contact and washoff

• Direct introduction

• Erosion

• Transport/deposition/scour

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TYPICAL STORM WATER IMPACTS

• Interference with beneficial uses:– Impacts on aquatic ecosystems (e.g., toxics, oil and

grease, oxygen demand, algal nutrients, turbidity, siltation)

– Impacts on water supplies (e.g., public health effects, odor, taste, turbidity)

– Impacts on recreation and aesthetics (e.g., floating debris, oil and grease, turbidity, odors)

– Impacts on navigation (e.g., siltation of channels and harbors)

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TYPICAL STORM WATER IMPACTS (Continued)

• Increased frequency of standard violations:– Water quality exceedances– Sediment quality exceedances– Shellfish bed closures

• Increased cost of providing basic public works services:– Water supply costs– Wastewater disposal costs

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MAJOR DETERMINANT FACTORS

• Meteorology and air quality

• Watershed characteristics (e.g., land uses, soil types)

• Conveyance system size and type

• Receiving water type and hydrography

• Sensitivity of beneficial uses

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RELATIVE IMPORTANCE OF PROBLEM

• Annual loadings of pollutants from urban storm water are roughly comparable to the loadings from POTW discharges.

• Ninety-plus percent of spending has been on half of the problem.

• We cannot meet national or state water quality goals without controlling storm water pollutants.

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NATIONWIDE URBAN RUNOFF PROGRAM (NURP)

• Funded by EPA Headquarters (approx. $30 million)

• Carefully designed to provide credible information on urban storm water quality via consistent field, lab and data analysis methods

• Methods were optimized toward providing a “national perspective” and to maximize “transferability”

• Led to the Report to Congress that was used to amend the Clean Water Act

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OVERVIEW OF NURP STUDY

• Comprehensive scope:– 28 separate studies in 20 states– 81 monitoring sites– 2,300+ storm events

• Wetfall/dryfall/runoff contributions• Soluble/particulate relationships• Numerous pollutants (conventional, priority,

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KEY NURP FINDINGS:

• Heavy metals (especially copper, lead and zinc) are by far the most prevalent priority pollutant constituents found in urban runoff.

• End-of-pipe concentrations exceed EPA ambient water quality criteria and drinking water standards in many instances.

• Some of the metals are present often enough and in high enough concentrations to be potential threats to beneficial uses.

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KEY NURP FINDING:

• Organic priority pollutants were detected less frequently and at lower concentrations than the heavy metals.

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KEY NURP FINDING:

• Coliform bacteria are present at high levels in urban runoff and typically exceed EPA water quality criteria during and immediately after storm events in many surface waters, even those providing high degrees of dilution.

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KEY NURP FINDING:

• Nutrients are generally present in urban runoff, but with a few exceptions, concentrations are not high in comparison with other discharges to receiving waters.

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KEY NURP FINDINGS:

• Oxygen demanding substances are present in urban runoff at concentrations approximating those in secondary treatment plant discharges.

• If dissolved oxygen problems are present in receiving waters of interest, consideration of urban runoff controls and/or advanced waste treatment may be warranted.

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KEY NURP FINDINGS:

• Total suspended solids concentrations in urban runoff are fairly high in comparison with treatment plant discharges.

• Urban runoff control is strongly indicated where water quality problems associated with TSS, including build-up of contaminated sediments, exist.

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REGULATORY ASPECTS

• Historical overview of Federal water quality law and regulatory programs

• Regulatory perspective and policies

• Regulations that apply to municipalities, industries, construction activities, and other major sources of storm water pollutants (SWI and SWII)

• Problems with the storm water regulations

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EVOLUTION OF FEDERAL REGUALTIONS

The 1972 Amendments to Federal Water Pollution Control Act did the following:

• Established the NPDES Permit Program to control discharge of pollutants from point sources.

• Focused on industrial process wastewater and municipal sewage.

• Led to programs that emphasized technology based controls.

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REGULATORY EVOLUTION (Continued)

• EPA’s regulatory focus has been directed toward controlling major wastewater discharges.

• EPA has also supported active research/demonstration programs to develop a sound technical understanding of storm water pollution sources, impacts and controls.

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REGULATORY EVOLUTION (Continued)

• A large investment has already been made in wastewater treatment facilities (i.e., municipal and industrial)

• We still have very significant water quality problems in some locations.

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• Emphasis has been shifting toward:– control of toxic substances

– control of pollutants that are discharged from storm water conveyance systems

– water quality-based control strategies

– watershed-scale pollution control strategies

• The Federal storm water regulations reflect these changing priorities.

REGULATORY EVOLUTION (Continued)

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REGULATORS’ PERSPECTIVE

• Regulators and legislators

• Storm water dischargers

• Consultants and academicians

• The public (at work and at home)

EPA Headquarters recognizes that the following groups of people must move “way up the learning curve” before storm water quality will improve significantly:

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REGULATORS’ PERSPECTIVE (Continued)

• develop an understanding of storm water systems and associated water pollution problems

• develop basic information needed for planning system-specific water pollution controls

• begin the process of working with regulators re: storm water management

Dischargers (i.e., municipalities, industrial facilities, construction activities) should:

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FEDERAL STORM WATER REGULATIONS

• SWI regulations became effective in November 1990, after many years’ evolution at EPA

• Draft of SWII regulations currently under public review; finalization expected next Winter

• Regulations are based in Federal law (Clean Water Act), but most permits will be issued and enforced by state-level water quality agencies.

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• Utilize EPAs existing NPDES permitting process

• Apply to most significant dischargers of storm water (municipal systems, industrial systems, construction activities)

• Require dischargers to develop descriptive information, prepare and submit permit applications, and implement storm water management plans and controls stipulated by permits.

FEDERAL STORM WATER REGULATIONS (Continued)

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REGULATORY REQUIREMENTS

• What is your storm water conveyance system like?

• What pollutants get into your system?• Where do they come from and where do they go?• What do you presently do to minimize storm

water pollution problems?• What else do you need to do?

The regulations require applicants to be introspective about the following:

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REGULATORY REQUIREMENTS (Continued)

• What overall quantities of pollutants are discharged to the receiving waters (i.e., from all sources, combined, including point sources and non-point sources from other industries and local municipalities)?

• What impacts can be rightly attributed to storm water-borne pollutants (e.g., standards violations, ecosystem impairment, health effects)?

• What other factors contribute to the overall problems (e.g., poor circulation, elevated temperature, polluted sediments)?

The regulations do not explicitly require applicants to deal with the following issues:

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REGULATORY REQUIREMENTS (Continued)

• To what extent should storm water-borne pollutants from your system be reduced?

• What would a technically-adequate program consist of, and what would it cost?

• Would the benefits be worth the costs?

• How should the effectiveness of your control program be monitored, evaluated, and documented?

The regulations do not explicitly require applicants to deal with the following issues:

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REGULATORY PROBLEM

• Who will decide what needs to be done at a given site?• What will be their basis for specifying controls?• Will they know enough to make a good decision?• What should I do to inform them adequately?• What should I do to inform myself and my managers

to be sure our objectives are met?• How pro-active should we be?

Regulators and dischargers both have a difficult time dealing with the lack of specificity in the regulations.

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HIERARCHY

• Congress

• EPA/Headquarters

• EPA/Regional Offices

• State Water Quality Agencies

• Regional Water Quality Agencies

• Municipalities

• Commercial/Industrial Dischargers

• Construction Project Managers

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POLLUTANT SOURCES TARGETED BY REGULATIONS

• Storm water runoff

• Illicit connections

• Illegal dumping

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STORM WATER RUNOFF

Pollutants tend to be widely distributed within typical urban areas and industrial sites. These pollutants get washed off of surfaces by rainfall and get carried into and through storm drain systems during runoff events.

Pollutants carried in urban runoff and industrial site runoff are generally most evident during and just following storm events. Their impacts may extend for much longer periods.

Cause:

Timing:

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STORM WATER RUNOFF (Continued)

Detection/Characterization:

The regulations require only very limited efforts to characterize storm water. The required degree of monitoring is generally not adequate for developing meaningful insights regarding the relationships between pollutant loads, land use, or other important causative factors.

Control:

EPA believes that most pollution from municipal, commercial, and industrial storm runoff can be controlled by non-structural “Best Management Practices.”

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ILLICIT CONNECTIONS

Cause: Pollutants also enter storm drainage systems via “illicit connections” with sanitary sewers and/or commercial or industrial discharge lines. Some such connections reflect malice, others reflects ignorance -- all are illicit.

Timing: Pollutants from illicit connections often exhibit some repetitive pattern which may reflect a diurnal pattern of work schedules or a pattern of process waste discharge.

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ILLICIT CONNECTIONS (Continued)

Detection/Characterization:

The regulations require a moderate-scale effort to detect and characterize illicit connections. The efforts involve field inspections, sampling, and analyses during times of dry weather or low runoff volume to maximize the chance of detecting illicit discharges.

Control:

EPA assumes that pollution problems from illicit connections are significant in most areas, that they can be detected and prevented by aggressive inspection/enforcement efforts, and that such efforts are very cost effective.

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ILLEGAL DUMPING

Cause: Pollutants also enter storm drainagesystems via acts of “illegal dumping,”wherein someone purposely disposes ofwaste substances (e.g., waste motor oil,spent antifreeze, refuse, yard debris) intostorm drain inlets or drainage channels.

Timing: Pollutants from illegal dumping seldomfollow predictable patterns (temporal orspatial).

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ILLEGAL DUMPING (Continued)

Detection/Characterization:

The regulations require field inspections, sampling, and analyses to look for evidence of illegal dumping. Because such acts typically occur randomly, it would take a great deal of field work to “catch someone in the act.”

Control:

EPA assumes that pollution problems from illegal dumping are serious in most areas and that they can be detected and prevented by aggressive inspection/ enforcement efforts. EPA favors programs that educate potential polluters and provide convenient alternatives for proper waste disposal.

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ELEMENTS OF STRATEGIC PLANNING

1. Develop a clear understanding of the regulations.

2. Determine the requirements that apply to your system.

3. Establish clear communications and open working relationships with senior and mid-level regulatory agency personnel.

4. Determine the regulatory agencies’ authorities, jurisdictions, objectives, priorities, and intended schedule.

5. Identify potential co-applicants and define basic organizational relationships and responsibilities.

6. Develop an overall strategy that covers all phases (i.e., permit application and compliance). Decide: How much is enough?

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HOW MUCH IS ENOUGH?

Resistant

Disengaged

Minimal

Program Typical

Program Strategically

Pro-active

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DISENGAGED

Learn 0Actions 0Cost 0Exposure HControl 0Image -

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RESISTANT

Learn 0Actions 0Cost 0Exposure H+Control 0Image --

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MINIMAL PROGRAM

Learn LActions LCost LExposure MControl LImage ~

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TYPICAL PROGRAM

Learn MActions MCost MExposure LControl MImage +

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STRATEGICALLYPRO-ACTIVE

Learn HActions HCost MExposure 0Control HImage ++

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ELEMENTS OF STRATEGIC PLANNING (Continued)

7. Collect enough information to satisfy regulatory requirements and to provide a sound basis for defining problems, establishing responsibilities, and planning practical solutions.

8. Conduct required tasks, prepare and submit permit applications and storm water management plans, and coordinate/negotiate compliance program with regulators.

9. Work in parallel with key in-house authorities to assure their concurrence and support of program activities, findings, and commitments.

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PRINCIPAL CATEGORIES OF BEST MANAGEMENT PRACTICES (BMPs)

• Source controls

• Treatment-based controls

• Hydraulic controls

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HOW BMPs FUNCTION

• Source controls keep pollutants from getting into storm water system (preventative practices).

• Treatment-based controls remove pollutants from storm water (after the fact).

• Hydraulic controls alter the amount of storm water and/or its rate of discharge (but don’t necessarily deal with pollutants).

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OBJECTIVES OF SOURCE CONTROL BMPs:

• Keep rain/snow from contacting pollutants

• Keep site runoff from contacting pollutants

• Keep pollutants from being discharged into storm water system.

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SOURCE CONTROL EXAMPLES• Keep rain/snow from contacting pollutants

– Move appropriate materials, process equipment, and/or activities indoors.

– Provide cover for exposed sources of pollutants.

– Change or omit source materials, facilities, or activities.

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SOURCE CONTROL EXAMPLES (Continued)

• Keep site runoff from contacting pollutants– Alter site drainage system to divert runoff away

from areas that could contribute pollutants.– Educate.

• Keep pollutants from being discharged into storm water system– Detect and eliminate on-site illicit connections.– Control leaks and spills.– Eliminate illegal dumping.– Substitute methods/materials.– Educate.

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APPROACH FOR SELECTING APPROPRIATE BMPs

1. Survey the area to identify potential pollutants, sources, release/discharge mechanisms, and pathways.

2. Survey the area to look for opportunities to prevent pollutants from getting into the storm drainage system.

3. Review available BMPs to see which ones would be good candidates for pollution prevention.

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APPROACH FOR SELECTING APPROPRIATE BMPs (Continued)

4. Establish a practical set of storm water management objectives and priorities (expressed in concrete terms).

5. Establish a practical set of program objectives (expressed in concrete terms) that define requirements and constraints.

6. Translate these objectives into factors that can be used to evaluate the candidate BMPs.

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APPROACH FOR SELECTING APPROPRIATE BMPs (Continued)

7. Evaluate the candidates in terms of factors such as:– Effectiveness regarding key pollutants– Reliability– Sustainability– Implementation costs– Continuing costs– Environmental implications– Risk/liability implications– Management’s acceptance– Workers’ acceptance– Public acceptance– Consistency with regulatory requirements

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APPROACH FOR IMPLEMENTING BMPs

1. Analyze each selected BMP to determine how they can be grouped to facilitate implementation.

2. Group the BMPs in terms of the following major program categories:

• education• “regulations”• action programs

3. Determine the specific tasks need to plan, prepare for, implement, and monitor/evaluate each respective BMP (or group).

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APPROACH FOR IMPLEMENTING BMPs (Continued)

4. Decide upon the scope, schedule, budget, and staffing for each BMP (or group).

5. Work with management to obtain the authority and funding to implement the BMPs.

6. Monitor the BMPs performance and revise plans as appropriate. Document actions.

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