Overview of Changes to OKR10

Carrie J. Evenson, Ph.D.Environmental Programs Specialist IV

Industrial Wastewater Enforcement SectionWater Quality Division

Department of Environmental Quality

Permit Drafting Process Overview of Changes Application Process

Outline

Reviewed EPA’s 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

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

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

OKR10 can be found here:

http://www.deq.state.ok.us/wqdnew/stormwater/OKR10Permit_2012_final%20Review_August.pdf

Permit Location

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

Definition Changes

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

“Owner/Operator” replaced with “Operator” Clarified use of term “Owner” = individual who owns structure or land

Doesn’t 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

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

Secondary operator May obtain separate permit coverage and

develop SWP3 for their areas of activity Responsibilities:

Must be familiar with and abide by primary operator’s 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

Impaired, Outstanding, & Sensitive Waters

2005

2012

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

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

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

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

Endangered Species Provisions

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 don’t meet the criteria

Endangered Species Provisions

http://www.wildlifedepartment.com/wildlifemgmt/endangered/burying_beetle.htm

Concrete and Asphalt Batch Plants

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 site’s SWP3 Is NOT located within watershed of ORW

Concrete and Asphalt Batch Plants

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

ACSCERs Annual review of the plant as well as SWP3 Completed using findings from annual

comprehensive site inspection Submitted to DEQ by March 1st of each year Reported using DEQ Form 605-006

http://www.deq.state.ok.us/WQDnew/forms/form_605-006_okr05_ascer_2011-08-05.pdf

Concrete and Asphalt Batch Plants

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

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

SWP3 Requirements

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

Modified content of SWP3 to be consistent with EPA’s 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

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

Buffer Requirements

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

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

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

Natural buffers and equivalent sediment controls don’t 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

Form Changes

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 $340.56 Prorated for first year

Notice of Intent (NOI) Changes

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

Notice of Intent (NOI) Changes

Added new check box

Notice of Intent (NOI) Changes

Added new certification statements

Application Process

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

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

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

For all: Mail to:

DEQ/Environmental Complaints and Local Services (ECLS)Storm Water UnitP.O. Box 1677Oklahoma City, OK 73101-1677FAX (405) 702-6226

Make checks payable to “Oklahoma Department of Environmental Quality”

Application Process

Permitting Mark Derichsweiler – (405) 702- 8188 Karen Milford – (405) 702- 8191

Permit Administration Matt Pace - (405) 702- 6209 Amber McIntyre - (405) 702- 6167 Matt Johnson- (405) 702- 6182

Compliance/Enforcement Wayne T. Craney - (405) 702- 8139 Bob Giger (North) - (405) 702- 8112 Michele Loudenback (West)– (405) 702 - 8116 Joe Willingham (South) - (405) 702- 8129

DEQ Stormwater Contacts

Questions, Comments, Discussion