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Overview of Changes to OKR10 Carrie J. Evenson, Ph.D. Environmental Programs Specialist IV Industrial Wastewater Enforcement Section Water Quality Division.

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Presentation on theme: "Overview of Changes to OKR10 Carrie J. Evenson, Ph.D. Environmental Programs Specialist IV Industrial Wastewater Enforcement Section Water Quality Division."— Presentation transcript:

1 Overview of Changes to OKR10 Carrie J. Evenson, Ph.D. Environmental Programs Specialist IV Industrial Wastewater Enforcement Section Water Quality Division Department of Environmental Quality

2 Permit Drafting Process Overview of Changes Application Process Outline

3 Reviewed EPAs current CGP Developed draft of DEQ CGP Conducted Stakeholder Advisory Committee and DEQ Work Group meetings to discuss proposed changes between December 2011 and February 2012 Submitted final draft to EPA for review on March 20, 2012 Permit Drafting Process

4 Received and addressed comments from EPA on June 22, 2012 Opened public comment period on June 29, 2012 Closed public comment period on July 31, 2012 Addressed public comments Issued CGP on August 13, 2012 Effective September 13, 2012 Permit Drafting Process

5 Aaron Milligan – SW Manager, Norman Craig Thurmond – Builder, Thurmond Consulting INC. Jason Vogel – Professor, OSU Geoff Canty – Consultant, formerly with EST INC. Richard McKown – Developer, Green Earth Land Design LLC Kevin Burgess – Biologist, USFWS Richard Smith - Manager, INCOG Steven Barnett – Contractor, K & R Builders INC. Michele Dolan – Stormwater Coordinator, ODOT Mike Means – Executive Vice President, Oklahoma State Home Builders Association Stakeholder Advisory Committee

6 OKR10 can be found here: rmit_2012_final%20Review_August.pdf Permit Location

7 Definition changes Impaired, outstanding, & sensitive waters requirements Endangered species provisions Stormwater discharges from asphalt and concrete batch plants Stormwater pollution prevention plans Buffer requirements Form changes Areas of Change

8 Definition Changes

9 Defined new terms: Temporary stabilization To provide temporary cover: During establishment & growth of vegetation, and/or In areas where earth-disturbing activities will occur again Final stabilization To provide permanent cover and qualify for permit termination Definition Changes

10 Owner/Operator replaced with Operator Clarified use of term Owner = individual who owns structure or land Doesnt necessarily imply operational control of construction activities Established primary operator and secondary operator Primarily for use with larger common plans of development with multiple parties meeting definition of operator Definition Changes

11 Primary operator Elected to obtain permit coverage for all discharges at a construction site Responsibilities Ensuring sufficient overall controls at site Developing and maintaining SWP3 Identifying all secondary operators and areas where they are active Ensuring secondary operators are aware of SWP3 requirements and BMPs applicability to their activities Definition of an Operator

12 Secondary operator May obtain separate permit coverage and develop SWP3 for their areas of activity Responsibilities: Must be familiar with and abide by primary operators permit and SWP3 Must notify primary operator prior to beginning earth disturbing activities Must avoid damaging or interfering with BMP effectiveness Definition of an Operator

13 Impaired, Outstanding, & Sensitive Waters

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16 For sites discharging to Outstanding Resource Water (ORW) or Aquatic Resource of Concern (ARC) Indicate on NOI and/or address in SWP3 Inspection frequency Changed from once every 14 days to once every 7 days and within 24 hours of 0.5 inch storm event Stabilization requirements Initiated immediately following day earth-disturbing activities have temporarily or permanently ceased Completed within 7 days Outstanding or Sensitive Waters Requirements

17 For sites discharging to Outstanding Resource Water (ORW) or Aquatic Resource of Concern (ARC) 100 ft buffer zone required Alternately, use Addendum I Buffer Guidance for equivalent controls Temporary or permanent sediment basin required for areas that serve an area with 5 acres disturbed Corrective actions required Outstanding or Sensitive Waters Requirements

18 Defined new term: Impaired water or water quality impaired water Identified by State or EPA pursuant to Section 303(d) or the Clean Water Act as not meeting applicable State water quality standards Includes Waters with approved or established TMDLs, and Waters for which a TMDL has not yet been established or approved Impaired Waters Requirements

19 For sites within one mile of streams impaired for sediment: Indicate on Notice of Intent Inspection frequency Changed from once every 14 days to once every 7 days and within 24 hours of 0.5 inch storm event Stabilization requirements Initiated immediately following day earth-disturbing activities have temporarily or permanently ceased Completed within 7 days Impaired Waters Requirements

20 Endangered Species Provisions

21 Eligibility criteria Not located within corridors of Aquatic Resources of Concern (ARC) Located within a corridor of an ARC but SWP3 describes area and specifies measures to be employed to protect species or habitat Contact DEQ, not USFWS, when applicants dont meet the criteria Endangered Species Provisions

22 Concrete and Asphalt Batch Plants

23 Support activity criteria Directly related to construction site with OKR10 permit coverage Is NOT a commercial operation serving multiple unrelated construction projects BMPs for support activity are identified in construction sites SWP3 Is NOT located within watershed of ORW Concrete and Asphalt Batch Plants

24 Monitoring and reporting requirements from OKR05 added to OKR10 (see Addendum G) Must meet same requirements as plants with OKR05 coverage including: Conducting quarterly visual monitoring Completing at least annual site inspections Submitting Annual Comprehensive Site Compliance Evaluation reports (ACSCERs) Concrete and Asphalt Batch Plants

25 ACSCERs Annual review of the plant as well as SWP3 Completed using findings from annual comprehensive site inspection Submitted to DEQ by March 1 st of each year Reported using DEQ Form _okr05_ascer_ pdf Concrete and Asphalt Batch Plants

26 For asphalt batch plants only: Numeric effluent limitation monitoring (NELM) applies Must sample stormwater discharge at least once per year for following parameters: Concrete and Asphalt Batch Plants

27 For asphalt batch plants only: NELM continued: Analyses to be conducted by DEQ certified laboratory NELM results to be submitted to DEQ on Discharge Monitoring Reports (DMR) annually by March 1st DMR form can be found at: http;//www.deq.state.ok.us/WQDnew/stormwater/dmr.pdf For construction projects lasting less than one year Collect at least one NELM sample Conduct quarterly visual monitoring Submit ACSCER Concrete and Asphalt Batch Plants

28 SWP3 Requirements

29 Added practice of engineering reference: Use of a licensed professional engineer (PE) for SWP3 preparation is not required by the permit. However, if any part of the SWP3 involves the practice of engineering, then those engineering practices and designs are required to be prepared by a licensed professional engineer. SWP3 Requirements

30 Modified content of SWP3 to be consistent with EPAs construction stormwater general permit Added Corrective Action provision Complete corrective action within 7 days from the time of discovery Document corrective action in SWP3 within 7 days of completion SWP3 Requirements

31 Must address all non-numeric effluent limitation guidelines Erosion and sediment control Stabilization Pollution prevention Must address monitoring requirements for support activities Straw/hay bale barriers no longer allowed as erosion or sediment control SWP3 Requirements

32 Buffer Requirements

33 Two (2) buffer requirements (see Addendum I) Discharging into receiving water located on or immediately adjacent to your site Provide 50 feet of natural buffer as measured from the top of the bank to disturbed portions of the site Discharging to the watershed of ARC and/or ORW Provide 100 feet of vegetated buffer between area disturbed and all perennial or intermittent streams; or 50 feet of vegetated buffer between area disturbed and all ephemeral streams or drainages. Buffer Requirements

34 Types of Streams Perennial Flow year-round Intermittent Flow periodically/seasonally when there is enough water from various sources Ephemeral Exist for short periods of time, usually during a rainy period May have defined channels even when they are dry Buffer Requirements

35 Three compliance alternatives Alternative 1: Provide and maintain a 50/100-foot natural buffer Alternative 2: Provide and maintain >50/100-foot buffer and install additional erosion and sediment controls Alternative 3: Implement equivalent erosion and sediment controls to achieve the same sediment load reduction as provided by a 50/100 foot natural buffer if natural buffer of any size is infeasible Buffer Requirements

36 Natural buffers and equivalent sediment controls dont apply when: Water crossings, limited water access, and stream restoration authorized under a Clean Water Act (CWA) Section 404 permit exist No natural buffer exists due to preexisting development disturbances (e.g., structures, impervious surfaces) Buffer Requirements

37 Form Changes

38 New fees: Referenced in Oklahoma Administrative Code 252:606 Appendix D Application fee = $100 Submit once with NOI Permit fee = $330 + Consumer Price Index adjustment Currently $ Prorated for first year Notice of Intent (NOI) Changes

39 Added Purpose of Project To describe project and allow DEQ to determine if permit is required Example: Stone Briar Farms Notice of Intent (NOI) Changes

40 Added new check box

41 Notice of Intent (NOI) Changes Added new certification statements

42 Application Process

43 For sites permitted with DEQ as of September 12, 2012: If complete, submit Notice of Termination and pay annual permit fee If still under construction, submit Notice of Intent (NOI) no later than December 13, 2012 Permit and application fees were invoiced in October Pay that invoice Do NOT submit additional application fee with NOI Application Process

44 For sites where operator changes: Submit NOI form from new permit indicating Modification at least 2 days before assuming operational control Include application fee with NOI Only submit SWP3 if the project is located: Within Outstanding Resource Waters Within a Federal and State ARC Within a larger site which is disturbing land of 40 or more acres. Application Process

45 For new construction sites/developments permitted after September 12, 2012: Submit NOI form from new permit at least 30 days prior to start of earth disturbing activities Include application fee with NOI Only submit SWP3 if the project is located: Within Outstanding Resource Waters Within a Federal and State ARC Within a larger site which is disturbing land of 40 or more acres. Application Process

46 For all: Mail to: DEQ/Environmental Complaints and Local Services (ECLS) Storm Water Unit P.O. Box 1677 Oklahoma City, OK FAX (405) Make checks payable to Oklahoma Department of Environmental Quality Application Process

47 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) DEQ Stormwater Contacts

48 Questions, Comments, Discussion


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