CONSTRUCTION GENERAL PERMIT: HOW TO OBTAIN PERMIT COVERAGE AND APPLICATION DEADLINES

Transcription

CONSTRUCTION GENERAL PERMIT: HOW TO OBTAIN PERMIT COVERAGE AND APPLICATION DEADLINES
CONSTRUCTION GENERAL PERMIT:
HOW TO OBTAIN PERMIT
COVERAGE AND APPLICATION
DEADLINES
Sergio Bosques, MS Env. Eng.
Caribbean Environmental Protection Division
USEPA Region 2
U.S. Environmental Protection Agency
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BACKGROUND
– NPDES Construction Stormwater Permitting
– Construction & Development Rule Effluent
Guidelines
– EPA’s Construction General Permit
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U.S. Environmental Protection Agency
Statutes and Regulatory Provisions
• Section 301(a) of the CWA
– "Except as in compliance with this Section and
Sections ... 402, and 404 of the Act, the discharge
of any pollutant by any person shall be unlawful."
• Section 402 (p) of the CWA
– Phase I and Phase II establish NPDES permit
framework certain storm water discharges
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Phase I - Finalized in 1990
Phase 2 - Finalized in 1999
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Regulates small MS4s located in an
“urbanized areas” (UA) as defined by
the Bureau of Census
•
Additional MS4s outside of UAs
designated by the NPDES permitting
authority
Active construction activities
disturbing between one and five acres
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Regulates medium and large MS4s (defined
as areas that serve 100,000 or more people)
10 categories of industrial operations
Active construction sites of 5 acres or more
Requires:
• MS4s to develop and implement a
stormwater management plan (SWMP) to
• Find and eliminated illicit discharges
• Control discharges from its system by
addressing runoff from active construction
sites, new development and redevelopment,
industrial program
•
Construction and Industrial stormwater
dischargers to develop and implement
Stormwater Pollution Prevention Plans
(SWPPP)
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MS4 SWMP must include 6 minimum
control measures;
– Public Education & Outreach
– Public Participation/Involvement
– Illicit Discharge Detection &
Elimination
– Construction Site Runoff Control
– Post-Construction Runoff Control
– Pollution Prevention/Good
Housekeeping
NPDES Construction Stormwater
Permitting
• National Pollutant Discharge Elimination System
(NPDES) permits are required for stormwater
discharges from earth disturbances of 1 or more
acres of land
• Most construction projects are covered under
“construction general permits” or “CGPs” and
coverage is obtained through submittal of a
“Notice of Intent” or “NOI”
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NPDES Construction Stormwater
Permitting
• CGPs typically include requirements to:
– Implement and maintain BMPs
– Prepare a stormwater pollution
prevention plan (SWPPP)
– Conduct self-inspections and perform
maintenance
– Document compliance activities
– Train personnel
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Construction & Development Effluent Limit Guidelines
• Effluent Limitations Guidelines and New Source
Performance Standards for the construction and
development industry (“C&D rule”) became
effective on February 1, 2010
• After this date, the C&D rule requirements must be
incorporated into NPDES construction stormwater
permits
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Construction & Development Effluent Limit Guidelines
• The C&D rule includes a suite of non-numeric requirements that
apply to all permitted construction sites
• When it was first issued, the C&D rule also included a numeric
limit for turbidity applicable to sites disturbing 10 or more acres:
– January 4, 2011: EPA stayed its numeric turbidity limit (280
NTU)
– January 3, 2012: EPA requested additional data on the
effectiveness of different controls in reducing turbidity from
construction site discharges
– April 1, 2013: EPA proposes revisions to the C&D rule,
including withdrawing the numeric turbidity effluent limit and
monitoring requirements
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The term “POINT SOURCE”
• Any discernible, confined, and discrete
conveyance, including but not limited to:
– Any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock concentrated animal feeding
operation, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be
discharged.
– This term does not include return flows from irrigated
agriculture or agricultural stormwater runoff.
U.S. Environmental Protection Agency
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The term “DISCHARGE OF POLLUTANT”
• Any addition of any “pollutant” or combination of pollutants to
“waters of the United States” from any “point source,” or any
addition of any pollutant or combination of pollutants to the waters
of the “contiguous zone” or the ocean from any point source other
than a vessel or other floating craft which is being used as a
means of transportation.
• Includes additions of pollutants into waters of the United States
from: surface runoff which is collected or channeled by man;
discharges through pipes, sewers, or other conveyances, leading
into privately owned treatment works.
U.S. Environmental Protection Agency
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The term “WATERS OF THE U.S.”
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All waters which are currently used, or were used in the past, or may be
susceptible to use in interstate or foreign commerce, including all waters
which are subject to the ebb and flow of the tide;
All interstate waters, including interstate wetlands;
All other waters such as intrastate lakes, rivers, streams (including
intermittent streams),
Mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or
Natural ponds the use, degradation, or destruction of which would affect or
could affect interstate or foreign commerce including any such waters:
– Which are or could be used by interstate or foreign travelers for
recreational or other purposes;
– From which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or
– Which are used or could be used or could be used for industrial purposes
by industries in interstate commerce;
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The term “WATERS OF THE U.S.”
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All impoundments of waters otherwise defined as waters of the United States
under this definition;
Tributaries of waters ;
The territorial sea;
Wetlands adjacent to waters (other than waters that are themselves wetlands);
Waste treatment systems, including treatment ponds or lagoons designed to
meet the requirements of CWA (other than cooling ponds as defined in 40 CFR
423.11(m) which also meet the criteria of this definition) are not waters of the
United States. This Exclusion applies only to manmade bodies of water which
neither were originally created in waters of the United States (such as disposal
area in wetlands) nor resulted from the impoundment of waters of the United
States. Waters of the United States do not include prior converted cropland.
Notwithstanding the determination of an area’s status as prior converted
cropland by any other federal agency, for the purposes of the Clean Water Act,
the final authority regarding Clean Water Act jurisdiction remains with EPA.
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NPDES Statutory Framework
• All “point” sources
• “Discharging pollutants”
• Into “waters of the
U.S.”
Must obtain
an NPDES
permit from
EPA or an
authorized
State
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EPA’s Construction General Permit
• The 2012 CGP replaces the 2003 and 2008 CGPs
– Provides coverage for all new and existing construction
projects
– Permit expires in 5 years (February 16, 2017)
– Includes a number of significant modifications to the 2003
and 2008 CGPs, including:
• C&D rule requirements
• Protections for impaired and sensitive waters
• Enhancements to improve the permit’s readability, clarity, and
enforceability
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HOW TO OBTAIN
PERMIT COVERAGE
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How to Obtain Permit Coverage
Step 1: Determine Eligibility
To be covered by the CGP, you must meet the following eligibility
requirements:
– You are an “operator” of a construction project
– Your project will disturb 1 or more acres of land
– Your project is in an area where EPA is the permitting authority
– Your project has satisfied all other eligibility criteria
• Endangered & threatened species requirements
• Historic properties requirements
• Cationic treatment chemical requirements
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WHO APPLIES – THE “OPERATOR”
For the purposes of the CGP, an “operator” is any party associated
with a construction project that meets either of the following two
criteria:
1. The party has operational control over construction plans and
specifications, including the ability to make modifications to those
plans and specifications; or
2. The party has day-to-day operational control of those activities at
a project that are necessary to ensure compliance with the
permit conditions (e.g., they are authorized to direct workers at a
site to carry out activities required by the permit).
U.S. Environmental Protection Agency
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Disturbed Area
• The project will disturb 1 or more acres of land;
or
• Will disturb less than 1 acre of land but is part of
a common plan of development or sale that will
ultimately disturb 1 or more acres of land; or
or
• The project’s discharges have been designated
by EPA as needing a permit
U.S. Environmental Protection Agency
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Eligibility for Emergency-Related
Construction Activities
• If you are conducting earth-disturbing activities in
response to a public emergency (e.g. ,natural
disaster, widespread disruption in essential public
services), and the related work requires immediate
authorization to avoid imminent endangerment to
human health, public safety, or the environment, or to
reestablish essential public services, you are authorized
to discharge on the condition that a complete and
accurate e-NOI is submitted within 30 calendar days
after commencing earth-disturbing activities.
U.S. Environmental Protection Agency
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Water Quality Standards
Eligibility for New Sources
• If the project is a “new source” (project commenced
construction activities after February 1, 2010), you
are not eligible for coverage under the CGP for
discharges that EPA, prior to authorization under the
CGP, determines will cause, have the reasonable
potential to cause, or contribute to an excursion
above any applicable water quality standard.
U.S. Environmental Protection Agency
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Discharges to Waters
with High Water Quality
• If you are a “new source”, you are eligible to
discharge to a Tier 2, Tier 2.5, or Tier 3 water
only if your discharge will not lower the water
quality of the applicable water.
U.S. Environmental Protection Agency
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Use of Cationic Treatment Chemicals
• If you plan to use cationic treatment chemicals
(polymers, flocculants, or other chemicals that contain an
overall positive charge), you are ineligible for coverage
under the CGP, unless you notify EPA Region 2 in
advance and the EPA Region 2 authorizes coverage
under the CGP after you have included appropriate
controls and implementation procedures designed to
ensure that your use of cationic treatment chemicals will
not lead to a violation of water quality standards.
U.S. Environmental Protection Agency
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Types of Discharges Authorized
• Stormwater discharges, including
stormwater runoff, and surface runoff and
drainage, associated with construction
activity.
• Stormwater discharges designated by
EPA as needing a permit under.
U.S. Environmental Protection Agency
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Types of Discharges Authorized (cont.)
• Stormwater discharges from construction
support activities
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–
concrete or asphalt batch plants
equipment staging yards
material storage areas
excavated material disposal areas
borrow areas
U.S. Environmental Protection Agency
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Non-Stormwater Discharges
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Discharges from emergency fire-fighting activities;
Fire hydrant flushings;
Landscape irrigation;
Water used to wash vehicles and equipment,
provided that there is no discharge of soaps,
solvents, or detergents used for such purposes;
and receives goes to stormwater treatment control;
• Water used to control dust;
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Non-Stormwater Discharges (contd.)
• Potable water including
uncontaminated water line flushings;
• Routine external building washdown
that does not use detergents and
receives goes to stormwater treatment
control;
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Non-Stormwater Discharges (contd.)
• Pavement wash waters provided spills or leaks of toxic or
hazardous materials have not occurred (unless all spill
material has been removed) and where detergents are not
used.
• You are prohibited from directing pavement wash waters
directly into:
– any surface water,
– storm drain inlet, or
– stormwater conveyance, unless the conveyance is connected to a
sediment basin, sediment trap, or similarly effective control;
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Non-Stormwater Discharges (cont.)
• Uncontaminated air conditioning or compressor
condensate;
• Uncontaminated, non-turbid discharges of ground
water or spring water;
• Foundation or footing drains where flows are not
contaminated with process; materials such as
solvents or contaminated ground water; and
• Construction dewatering water that has been treated
by an appropriate control.
U.S. Environmental Protection Agency
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How to Obtain Permit Coverage
Step 2: Develop the
Stormwater Pollution
Prevention Plan
(SWPPP)
• SWPPPs must be
developed prior to
submitting eNOI for
CGP coverage
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How to Obtain Permit Coverage
Step 3: Submit Your NOI
Type of Project
Deadline to Submit
Date of Permit Coverage
New Project (construction
commencing on or after Feb 16,
2012)
At least 14 days prior to
construction commencement
14 days after EPA has
acknowledged receipt of your NOI,
unless your authorization has been
delayed or denied
Existing Project (construction
commencing before February 16,
2012)
No later than May 15, 2012
14 days after EPA has
acknowledged receipt of your NOI,
unless your authorization has been
delayed or denied
Emergency-Related Project
No later than 30 days after
construction commencement
Provisionally covered under the
permit immediately, and fully
covered 14 calendar days after
EPA has acknowledged receipt of
your NOI, unless your
authorization has been delayed or
denied
“COMMENCEMENT OF CONSTRUCTION”
The initial disturbance of soils (or
breaking ground’) associated with
clearing, grading, or excavating
activities or other construction-related
activities (e.g., stockpiling of fill
material).
U.S. Environmental Protection Agency
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“Commencement of
Pollutant-Generating Activities”
•
Clearing, grubbing, grading, and excavation has begun;
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Raw materials related to your construction activity, such as building
materials or products, landscape materials, fertilizers, pesticides,
herbicides, detergents, fuels, oils, or other chemicals have been
placed at your site;
•
Use of authorized non-stormwater for washout activities, or
dewatering activities, have begun; or
•
Any other activity has begun that causes the generation of or the
potential generation of pollutants.
U.S. Environmental Protection Agency
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POSTING NOTICE
OF PERMIT COVERAGE
• The permittee must post a sign or other notice conspicuously at a
safe, publicly accessible location in close proximity to the project site.
• At a minimum, the notice must include the NPDES Permit tracking
number and a contact name and phone number for obtaining
additional project information.
• The notice must be located so that it is visible from the public road that
is nearest to the active part of the construction site, and it must use a
font large enough to be readily viewed from a public right-of-way.
U.S. Environmental Protection Agency
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