LDEQStorm Water/ General

Permits Update

LUSC Annual MeetingOctober 1, 2014

Kimberly CortsWater Permits Division - LDEQ

What’s New?

Water Permits Division Structure

Master General Permits Reissued/Pending

Construction Effluent Limit Guidelines (ELGs)

Ongoing TMDL Issues/Implementation

Administrator(Scott Guilliams)

General and Industrial Permits

Major and Minor Industrials

General Permits, Major MS4s, and

Biomonitoring

Municipal, Biosolids and Water Quality

Major and Minor Municipals,

Biosolids and Pretreatment

Water Quality and Date

Evaluation and Assessment

WPD -Current Org Structure

Master Generals Reissued

Class IV Sanitary General Permit (LAG570000) – Effective 6/11/2014

Exterior Vehicle Wash General Permit (LAG750000) – Effective 3/15/2014

Cement, Concrete and Asphalt General Permit (LAG110000) – Effective 4/4/2014

Automotive Repair/Auto Dealerships (LAG470000) – Effective 9/1/2014

Large Construction General Permit (LAR100000) – Effective 10/1/2014

Master Generals Pending

O&G Territorial Seas General Permit (LAG260000) – Under EPA Review

Discharges from Sand & Gravel Mining Operations (LAG490000) – Under EPQ Review

Discharges from Dewatering Petroleum Tanks, Beds & Excavations (LAG300000) – Under EPA Review

Discharges from Potable Water Treatment Facilities (LAG380000) – Under EPA Review

Class III Sanitary General Permit (LAG560000) – Final permit is pending

MS4 Relationship to Master Generals

11, 000+ Facilities and CSW Projects covered under LPDES Master General Permits

Illicit Discharge Detection and Elimination (IDDE):

Construction and Post-Construction Storm Water Management

Major component of MS4 SWMPs!

Permitted MS4s are partially responsible for ensuring facilities and projects within their jurisdiction have obtained

the appropriate LPDES permits and are discharging in compliance with those permits

Water Permitting Hierarchy

MS4sPermitted through the LPDES Program;

Develops and enforces local ordinances; Ensures compliance with LPDES requirements

LDEQDelegated to implement NPDES program (LPDES); Must comply with NPDES regulations

EPAClean Water Act/40 CFR (Federal Regulations); NPDES; Oversees State Programs

Challenges for Permit Renewals

EPA’s Pending eReporting Rule

o Language requiring e-NOI use and netDMR use has been added to all permits upon reissuance (once these tools are available)

o Minimum data elements (MDEs) for thousands of facilities covered under general permits must be entered/updated prior to being reauthorized

Revision of Storm Water ELGs (March 2014):

o More detailed and stringent reviews by EPA

o Addressing TMDLs in storm water

LAG75 (Exterior Vehicle Wash)

Non-compliant discharges often issues for MS4s

Requires the use of low-surfactant and low phosphate soaps

Now covers portable pressure washing operations for buildings, parking lots, etc.

LAR100000 – Large Construction GP

Activities disturbing 5 acres or greater OR smaller areas that are part of a larger common plan (e.g. subdivisions, airports, retail developments) MUST obtain coverage under the permit by submitting a complete and correct Notice of Intent (NOI).

The new permit is effective TODAY!

LAR100000 – Large Construction GP

As part of the construction storm water construction management component of an MS4s SWMP, municipalities should at a minimum ensure all qualifying construction projects in their jurisdiction obtain and comply with this permit.

MS4s should:

Require a copy of the NOI prior to issuing a building permit

Review the SWPPP

Ensure operators are complying with the permit during inspections

Utilize LDEQ’s inspection forms, SWPPP templates

Have LDEQ’s Small Business Assistance information handy!

LAR100000 Changes

Incorporates new ELGs, which includes a requirement for buffer zones for projects adjacent to a water of the state

No minimum for unimpaired waters, but a buffer zone must be present (recommend 30 ft.)

50 ft minimum for impaired waters and ONRWs

Buffer zones are required unless infeasible due to urban site constraints, construction of water features, etc.

Alternatives to buffer zones should be utilized to protect the receiving stream

LAR100000 Changes

Prohibited non-storm water discharges:

Washout from stucco, paint, oils, curing, or other compounds

Soaps or solvents used in vehicle and equipment washing

Specific prohibitions on non-storm water discharges without a control:

Concrete washout

Utilize outlet structures that draw water from the surface of impoundments

LAR100000 Changes

More specific stabilization and erosion control requirements

o Stabilization shall be initiated immediately where earth disturbing activities have permanently ceased

o Use of temporary vegetative and non-vegetative stabilization when temporarily ceased > 14 days

o Minimize sediment discharge from the site, control volume during peak flow to minimize peak flow

LAR100000 ChangesThe annual maintenance and surveillance fee(s) must be submitted with the NOI in accordance with the following time frames:

$264.00 – 0 months – 1 year

$528.00 – 2 years

$792.00 – 3 years

$1056.00 – 4 years

$1320.00 – 5 years

Authorization letters will include the expiration date.

If a continuation of coverage under this permit is needed beyond the selected number of years, permittees must submit a Notice of Extension 30 days before the expiration date of your permit.

LAR100000 Changes

NEW Notices of Intent MUST be used; older versions will not be accepted

No Notices of Termination are required

Permit coverage will automatically end based on the pre-selected date

Eliminates annual invoices based on fiscal year

MS4s must be aware of changes to ensure operators in their jurisdiction comply with submitting Notices of Extension, when needed

LAR100000 Changes

New Permit, NOI, and Frequently Asked Questions Document are on: http://www.deq.louisiana.gov/portal/Default.aspx?tabid=245

MS4 TMDL Issues/Implementation

Phase I and Phase II: Pollution Reduction Plans

Adopt the WLA as a measurable goal

Aggregated/Disaggregated WLAs addressed in Phase I permits only; most Louisiana TMDLs assign disaggregated WLAs

Select and implement SCMs that specifically address pollutants of concern

Identify other measurable goals, where applicable

Update SWMP within six months of TMDL approval

Include a schedule for implementation of SCMs

Track effectiveness of SCMs and modify, as necessary

MS4 TMDL Issues/Implementation

MS4s in the Lake Pontchartrain Basin are required to incorporate targeted control mechanisms to address TMDLs.

Fecal Coliform WLAs (Disaggregated): Baton Rouge, Baker, LSU, Central, Ascension, Livingston Parish, Denham Springs, Walker, Hammond, Slidell, Jefferson Parish, Harahan, Kenner, Port of Orleans, City of New Orleans

Dissolved Oxygen (Disaggregated): Livingston, Walker, Denham Springs, Hammond, Mandeville, St. Tammany, Slidell

SOD, Ammonia, Phosphorus (Aggregated): City of New Orleans, Orleans Levee District, LADOTD, SWBNO

MS4 TMDL Issues/Implementation

Phase I Monitoring:

Semi-annual grab samples at all representative outfalls draining basins which discharge to a stream for which the TMDL is applicable

More specific monitoring are not required due to dry/wet weather screening and standard monitoring requirements already included in all Phase I permits

Phase II Monitoring:

Must be done to track the effectiveness of SCMs

Monitoring design to be determined by permittee(s)

Monitoring design may include dry/wet weather visual screenings, laboratory analyses, or a combination of both

Use of third party data allowed and encouraged

MS4 TMDL Issues/Implementation

By end of permit cycle (2018), permittees should have some data on effectiveness and water quality improvement.

SOD TMDL Issues:

SOD calculated, but TMDL not specific as to how

Model inputs were DO, chlorophyll a, phosphorus, nitrogen, and temperature

No analytical method for measuring SOD, but EPA requires permittees to monitor for WLA parameters

Proposed alternative monitoring parameters, but EPA wants a translator to SOD

MS4 TMDL Issues/Implementation

Recommended controls included in permits:

POTWs/Collection Systems: Couple compliance orders with MS4 pollutant reductions

Develop a plan for regionalization of un-sewered areas

Require upgrade of failing septic systems

Include public education measures specifically targeted at fertilizer use and pet waste

Construction: require minimum buffer zones

MS4 TMDL Issues/Implementation

Examples of Controls sMS4s have implemented: Identified clusters of un-sewered areas and

developing long-range plans for regionalization (St. Tammany Parish)

Retrofitting storm water retention ponds with additional BMPs (St. Tammany Parish)

Require copies of LDEQ permits prior to issuing certificate of occupancy, authorizing electricity, or issuing building permit (Tangipahoa Parish, Zachary)

Conduct surveys of home STPs in areas impaired for fecal coliform (Tangipahoa Parish in conjunction with the Lake Pontchartrain Basin Foundation)

MS4 Audits/Inspections

EPA conducted several audits, two of which resulted in administrative orders

LDEQ has conducted 17 inspections in FY 2014

Most LDEQ inspections focus on public participation and construction storm water elements

Most common findings: no available SWMP

not conducting Construction SW inspections

SW outfalls not designated or identified

Annual Reports not submitted

Questions?