Strategic NPDES Permitting The What, the Why and the How E2S2 Symposium 16 June 2010

Transcription

1 Strategic NPDES Permitting The What, the Why and the How 2010 E2S2 Symposium 16 June 2010

2 Strategic NPDES Permitting What Kind of a Corporate Doublespeak is That? Webster s (JP s?) Definition: Optimizing the Outcome of your NPDES permitting process to enhance and support your mission and operations. 2

3 Typical NPDES Permitting Gotcha s / Oh heck s Failure to ask for what you need in the permit! Failure to build in flexibility Failure to recognize new rules or practices which impact the permit Failure to take the public s reaction into account Failure to deal with the Administrivia! 3

4 Get Real, It s Easy! You Get the Forms, You Fill Out the Forms! 4

5 Typical Approach to NPDES Permitting 1. Manager says new mission/process, need to get new permit now! 2. Too busy to think about it! 3. Prepare application at last minute; coerce manager to sign, hand-carry to agency to meet six-month deadline. 4. Hold breath until agency comes back with draft permit. 5

6 Typical Approach to NPDES Permitting 5. Argue with agency about permit terms and conditions for several months 6. Agency public notices the permit 7. Public goes nuts (We never knew you were there!!??) 8. Public hearing Leadership hung in effigy 9. Leadership hangs environmental manager in effigy 6

7 Typical Approach to NPDES Permitting 10. Redraft permit to incorporate stuff to appease public 11. Permit finally issued after 16 month ordeal; contains many new requirements 12. Permit appealed by citizen s group; several month delay and more requirements 13. Send resume to 7

8 Can This Process Be Improved? It s Up to You: Either take what you get, or take control of the process 8

9 So, What Should I Do Differently? Step 1: Understand your current permit. Step 2: Prepare a Permit Strategic plan. Step 3: Communicate a lot with the Agency. Step 4: Communicate with affected stakeholders. Step 5: Write your own permit. Step 6: Cross every t, dot every i Step 7: Is everything covered? 9

10 Step 1: Understand your current permit Do you know these things about your permit: Correct production basis, if applicable Water quality vs. technology basis limits Toxicity and flow basis Has antibacksliding been applied? Batch vs. continuous basis Water balance basis Are there calculation errors? This sets the basis for moving forward! 10

11 Step 2: Permit Strategic Plan Objectives: 1. Decide what you need from your permit 2. What does the permit need to cover? 3. Determine what are the steps and critical needs to get there This is the most-neglected step of the process! 11

12 What Do You Need from your NPDES Permit? Future plans--expansions and changes (flexibility!) Deal with historical compliance issues New and emerging rules/agency practices Who are external stakeholders and what are their considerations? Internal stakeholder discussion of needs/objectives for the permit Document permit needs so you have a definition of success when you are done! 12

13 What are the Steps and Critical Needs to get there? Develop data needs list: Consolidate existing data in database/workbook Confirm analytical requirements Define data needs for application and/or other purposes Develop sampling procedures and written plan Special attention to Form 2F stormwater sampling obtain agency approval prior to representative sampling 13

14 How do you Implement the Strategic Plan? Develop a workplan! What info is needed and who will do it? Related projects to be completed Assign responsibilities--who does what and when--internally and consultant Set milestones Use a tracking tool for all tasks Plan enough time to sample stormwater 14

15 Sampling Outfall Required? EPA Form Standard Parameters 1 Additional Site Specific P SN 001 Yes 2C All parameters listed on EPA Form 2C SN 008 Yes 2C 2C Parameters 2 SN 009 No 2F SN 010 No 2F SN 011 No 2F SN 012 Yes 2C 2C Parameters 2 Trichlorethylene SN 013 No 2F SN 014 No 2F SN 015 No 2F SN 016 Yes 2F 2F Parameters 3 Fecal Coliform, Pesticides/ SN 017 No 2F SN 018 Yes 2C 2C Parameters 2 Trichlorethylene SN 019 Yes 2C 2C Parameters 2 Trichlorethylene, Naphtha SN 020 No 2F SN 021 No 2F SN 022 Yes 2C 2C Parameters 2 Nitrate-Nitrite, Trichloroet Organizational Tools Assure That Analytical is Done Right! SN 023 No 2F SN 024 No 2F SN 025 Yes 2C 2C Parameters 2 Trichlorethylene SN 026 No 2F SN 027 Yes 2F 2F Parameters 3 Base/Neutrals (see Table 2 SN 028 No 2F Fecal Coliform, Pesticides/ Fecal Coliform, Pesticides/ SN 029 Yes 2F 2F Parameters 3 Base/Neutrals (see Table 2 SN 030 No 2F SN 031 Yes 2F 2F Parameters 3 Bas e/neutrals (s ee Table 2 SN 032 Yes 2F 2F Parameters 3 Bas e/neutrals (s ee Table 2 otes: Standard Parameters are parameters that are required for all Form 2C or Form 2F s ample locations. 2C Parameters: 2F Parameters: BOD, COD, TOC, TSS, NH3-N, Flow, Temperature, ph, Chlorine, Oil and Greas e, Fecal Colifo TON, Total P, Iron, Pes ticides/pcbs BOD, COD, TOC, TSS, TKN, NO3/NO2-N, NH3-N, Flow, Temperature, ph, Chlorine, Oil & G 15

16 NPDES Permit Renewal Task Tracking Table Task Responsible Party Comments ABC Company CH2M General Check with ADEM about NaSH addition X Met with Regulator Feb. 10; need to send in sanitized version of Form 2D Est. Complete Date Date Completed 2/15/2001 2/10/2001 Send package to ADEM with sanitized version of 2D application, and request representative sampling for storm water X Package to Regulator should be submitted by February 23 2/23/2001 Consolidate 3 years of analytical data into single workbook X 3/15/2001 Develop monitoring frequency table X Methodology from EPA guidance; CH2M to develop table based on ABC Company's historical 4/1/2001 Include DIZ study in application package X DMR Completed data in 2000 Sampling plan for non-ocpsf wastewater X 3/7/2001 Review basis for non-ocpsf allocations, summarize new X X ABC Company is going to evaluate and let CH2M 4/30/2001 data, and calculate allocations know if more data will be collected All sampling / analysis X Calculate expected permit limits for application package X 4/30/2001 Production of application package X 7/15/2001 Form 1 Update SIC codes X 3/31/2001 Identify who will sign application forms X From 1/30/01 meeting with ABC Company 1/30/2001 Identify parent corporation and mailing address X From 1/30/01 meeting with ABC Company 1/30/2001 Identify subsidiary corporation(s) operating in Alabama X From 1/30/01 meeting with ABC Company 1/30/2001 Update location map X 3/31/2001 ABC Company has list from previous permit 3/31/2001 Update list of air permits and other existing permits X application Complete Form 1 X 3/31/2001 Form 2C Develop analytical table X 2/9/2001 2/13/2001 Develop sampling plan X 2/28/2001 Implement sampling and analysis X 3/31/2001 Update flow schematic and water balance/flow basis of facility showing water flow through the plant. X 3/31/2001 Summarize 3 years of production data X 3/31/2001 Identify toxic and hazardous pollutants that may be discharged X 2/23/2001 Description of operations, including wastewater treatment X 3/31/2001 and block flow diagram List outfall description; include latitude/longitude & receiving water X 3/31/2001 List required water pollution control improvements X 5/1/2001 List any biological toxicity testing data X 5/1/2001 Include contract laboratory information X 5/1/2001 Complete Form 2C X 5/1/ Form 2F Check with ADEM about representative sampling for storm X Met with Regulator Feb. 10; need to send letter 2/15/2001 2/10/2001

17 Typical Permitting Timeline for your Workplan Ongoing: identify pending regulatory issues (i.e., TMDL preparation) (months to years) T minus 14 mos.: get competent consultant and complete strategic planning T minus 12 mos.: start data consolidation and collection/meet with agency T minus 10 mos.: do Permit Basis Document and begin additional data collection T minus 7 mos.: submit application Thereafter: stay in touch with your regulator! 17

18 Step 3: Communicate a lot with the Agency Objective: Let them know what you need so they can help! Do this often: Ongoing--do you have a relationship/do they know you and your plant? Ahead of application submittal but after planning Application analytical discussions Application submittal Thereafter as needed 18

19 Step 4: Communicate with Affected Stakeholders Stakeholder means anyone potentially interested in and/or affected -Adjacent public -Other agencies --Public officials --Enviros Prepare a definition of need Identify key stakeholders Proactively let them know what you are asking for and the timing Develop/implement a public involvement plan 19

20 Step 5: Write Your Own Permit! Objective: Develop a Permit Basis Document which defines what your permit should be: Lets you/management know what to expect Provides direction to additional data collection Increases the chance of agency concurrence with desired permit limits 20

21 Clean Water Act 101 First, meet technology- (or production) based limitations, Then, meet water-quality based limitations 21

22 The Permit Basis Document-- Technology-Based Limitations Carefully assess/predict production for next 5 years: Is a Step or tiered permit needed? Calculate and document basis Use additional data as needed to support judgment-based (Best Professional Judgment ( BPJ )) limits 22

23 The Permit Basis Document--Water Quality-Based Limitations Strongly consider total maximum daily loads (TMDLs) in your waterbody TMDL development is part of your permitting process: Starts with the 303(d) listing process Can be a very long-term process Agency-driven and developed or driven by you Can involve public and other stakeholders Stay engaged with the TMDL process, though it may be slow! 23

24 The Permit Basis Document--Water Quality-Based Limitations Conventional pollutants Water quality models Toxics Models or mass-balances Toxicity Function of dilution and diffusion in waterbody Diffuser or outfall modeling may need to be done 24

25 If a New or Expanded Discharge, Watch Antidegradation Antidegradation review generally required only if new or expanded The agency must make a judgment on whether the economic and social good is worth the new impacts on the waterbody Permittee must: Review alternatives to discharge prepares a economic/social good demonstration 25

26 Some things to watch. Reasonable Potential Assessment method detection limit (MDL) must be low enough to allow for this assessment If production is expected to fluctuate more than 20%, a tiered permit may be needed so that you do not to lose allocation Check permit forms to verify if old data is allowed 26

27 Step 6: Cross Every t, Dot Every i Completeness within 180 days of permit expiration agency may not acknowledge this get app in at least days early! Obtain prior agency approval on common outfall sampling Properly identify all hazardous substances in discharge If in the Coastal Zone, a study is required in some states 27

28 Step 6: Cross Every t, Dot Every i Use correct sampling protocol for VOCs Verify correct forms may have state specific form Maps--lots of detail! Right person to sign--are they available? Fill out every block 28

29 Step 6: Cross Every t, Dot Every i Include every activity that contributes to the wastewater discharge and needs permitting Confirm the correct fee to submit with the application (application may not be considered complete without full fee) 29

30 Case Study-US Army Depot: Background Significant workload increase due to war Permit did not reflect current production levels Pending upgrades in wastewater treatment plant (WWTP), Designers did not know effluent levels for design 30

31 Case Study-US Army Depot: Background Changes in allowable effluent limits due to new state TMDLs Noncompliance status; enforcement pending State slow in reissuing permits Lots of significant, simultaneous issues! 31

32 Case Study-US Army Depot: Permitting Approach Open, honest, and frequent communication with regulators to attain concurrence on issues and path forward Developed permit basis so likely permit limits could be available for designers State used permit basis to more quickly draft and issue permit Reduced chance of enforcement Received permit which provided significant flexibility in operations, in a timely manner 32

33 Questions?