1. Regulatory Overview Presented By: Wayne T. Craney, P.E.
Engineering Manager
Industrial Wastewater Enforcement Section
Water Quality Division
Department of Environmental Quality

2. Outline Regulatory History ODEQ Delegation
Types of Permits in Oklahoma
OKR10 History
Future Regulatory Issues

3. Regulatory History Clean Water Act Passed in 1972
Focus on point source discharges
Pipes, drains, other easily identified points of discharge
Established the National Pollutant Discharge Elimination System (NPDES)
Amended in 1987
Addressed more diffuse sources of pollution, such as stormwater discharges

4. Regulatory History Stormwater Regulations Phase I Promulgated in 1990
Required the following to be permitted:
Medium and large municipal separate storm sewer systems (MS4s) – generally with populations ≥100,000
Construction activities disturbing ≥5 acres
Industrial activities

5. Regulatory History Stormwater Regulations Phase II
Established December 8, 1999
Required the following to be permitted:
Small and medium MS4s and those within urbanized area
Construction activities disturbing ≥1 acre or part of a larger common plan of development

6. Regulatory History Delegation of NPDES Programs to ODEQ
November 19, 1996
Permitting and enforcement of municipal and industrial wastewater
September 9, 1997
Stormwater discharges associated with construction and industrial sites
Industrial pretreatment

7. Stormwater Programs
DEQ has regulatory authority over the following stormwater discharges:
From MS4s
From industrial activities
From construction activities
Through the requirements of individual
permits or OKG11 (concrete batch plants)

8. MS4s

9. Oklahoma’s MS4 Permits Phase I (2 permittees) Phase II (43 permittees)
Individual permits
City of Oklahoma City
City of Tulsa
Phase II (43 permittees)
General permit
34 Cities
5 Counties
4 Non-Traditional Entities (e.g. Tinker AFB, OU)
ODOT will be permitted when OKR04 is reauthorized

10. Oklahoma’s Phase I MS4 Permits
Individual Permits
Oklahoma City first issued September 1, 1995
Tulsa first issued April 1, 1997
Both are co-permittees with ODOT and OTA
Pollution Prevention Approach
Stormwater Management Program (SWMP)
Developed by MS4
Spells out how MS4 will address/manage stormwater discharges

11. Oklahoma’s Phase II MS4 Permits
General Permit, OKR04
Effective February 8, 2005
Pollution prevention approach
Uses Stormwater Management Plan (SWMP)
Must address six minimum control measures
Select BMPs
Identify “Measurable Goals”
Evaluate effectiveness
Update SWMP

12. Industrial Stormwater

13. Oklahoma’s Multi-Sector General Permit, OKR05
Only applies to certain industrial activities
Defined by the Standard Industrial Classification (SIC) code
Listed in Table 1-2 of permit by sector
Only those industrial activities with SIC code in Table 1-2 need to have permit coverage
Can cross-reference SIC code with NAICS code

14. Oklahoma’s Multi-Sector General Permit, OKR05
Requirements:
Stormwater pollution prevention plan (SWP3)
Best management practices (BMPs)
Quarterly visual monitoring
Regular site inspections
No Exposure Criteria requirements
No permit required if facility meets these requirements
Essentially all possible pollution sources are kept under cover and not exposed to precipitation

15. Construction Stormwater

16. EPA’s Construction Stormwater General Permit (CGP)
Applies where EPA is permitting authority
i.e. Indian Lands
First CGP issued in 1992
Current CGP issued on February 16, 2012
Effective for 5-year period
Includes new requirements to implement Effluent Limitation Guidelines and New Source Performance Standards for Construction and Development point sources – aka C&D Rule

17. C&D Rule
Requires construction site operators to meet restrictions on erosion and sediment control, pollution prevention, and stabilization
Included a numeric turbidity limit for certain larger construction sites
Turbidity Limit = 280 NTU
Stayed by EPA on January 4, 2011
Not required to be incorporated in current construction stormwater general permits by EPA or delegated states

18. Oklahoma’s Construction Stormwater General Permit, OKR10
Is Oklahoma’s version of EPA’s CGP
Effective for 5-year period
Includes non-numeric effluent limitation guidelines from C&D Rule

19. Oklahoma’s Construction Stormwater General Permit, OKR10
Applies to construction activities that disturb an acre or greater or are part of a common plan of development that disturbs an acre or greater
Requirements
SWP3
Regular site inspections
BMPs
Buffers

20. Oklahoma’s Construction Stormwater General Permit, OKR10
Current permit development process
Reviewed EPA’s current CGP
Developed draft of DEQ CGP
Conducted Stakeholder Advisory Committee and DEQ Work Group meetings to discuss proposed changes
Issued CGP on August 13, 2012
Effective September 13, 2012

21. Local Construction Permits
Each MS4 has its own construction stormwater permitting requirements
Required as part of MS4 program
Can be more stringent than state requirements
Some require permits for sites disturbing less than one acre
Be sure to check with local authorities to ensure you have the appropriate permits and are meeting all local stormwater regulations

22. Stormwater Enforcement
Stormwater is the second largest category of complaints.
Compliance with CWA provisions is the goal.
The responsiveness of the RP determines if enforcement is necessary.
If enforcement is necessary, it will be taken.
Enforcement will require an administrative penalty.

23. Enforcement Orders Inspections (14 day compliance period)
Notice of Violation (NOV)
Expedited Consent Order (ECO)
Consent Order (CO)
with Penalty/Supplemental Environmental Project (SEP)
Administrative Compliance Order (ACO)
with Penalty/SEP

24. Enforcement Data FY 2010 FY 2011 FY 2012
33 NOVs issued, 9 Orders issued
$72,800 in penalties/SEPs were collected
FY 2011
14 NOVs issued, 7 Orders issued
$34,500 in penalties/SEPs were collected
FY 2012
13 NOVs issued, 4 Orders issued
$30,750 in penalties/SEPs were collected

25. Future Regulatory Issues
EPA Stormwater Rulemaking
Rule to be proposed by June 10, 2013
Most apply to MS4s
Of general note:
Exploring options for establishing specific requirements for transportation facilities; and
Evaluating additional provisions specific to the Chesapeake Bay watershed
Not applicable in Oklahoma

26. Future Regulatory Issues
EPA Stormwater Rulemaking
Of note for construction industry:
Develop performance standards from newly developed and redeveloped sites to better address stormwater management as projects are built
Would require the implementation of post-construction best management practices to retain the runoff from a certain size storm event onsite

27. Future Regulatory Issues
EPA Stormwater Rulemaking
Of note for MS4s:
Explore options for expanding the protections of the MS4 program;
Evaluate options for establishing and implementing a municipal program to reduce discharges from existing development (aka “Retrofit”);
Evaluate establishing a single set of minimum measures requirements for regulated MS4s.

28. Future Regulatory Issues
Construction Effluent Limitation Guidelines
Numeric Turbidity Limit
Currently under review by EPA
Additional treatment performance data from construction and development sites being sought
Will propose limit in future
May require construction site operators to sample and analyze stormwater discharges

29. DEQ Stormwater Contacts
Permitting
Mark Derichsweiler – (405)
Karen Milford – (405)
Permit Administration
Matt Pace - (405)
Amber McIntyre - (405)
Matt Johnson- (405)
Compliance/Enforcement
Wayne T. Craney - (405)
Bob Giger (North) - (405)
Michele Loudenback (West)– (405)
Joe Willingham (South) - (405)

30. Questions, Comments, Discussion