Complying with Stormwater Regulations – And Ways to Meet g y the Challenge Scott Taylor, P . E. Sr. Vice President, RBF Consulting Chair, CASQA
What Specifically Are the What Specifically Are the Reg lato Reg lato Regulatory Trends? Regulatory Trends? T ends? T ends? Low impact development (LID) Implementation, Capture and Use l C d Hydromodification Programs Monitoring Receiving water Special studies S i l t di Biological Sediment Sediment Pilot Studies Total Maximum Daily Loads (TMDLs) Total Maximum Daily Loads (TMDLs) Effluent Limitations Guidelines (ELGs)
More Changes (and Costs) More Changes (and Costs) More Changes (and Costs) More Changes (and Costs) Reporting Reporting Legal Costs Oversight of other NPDES Permits O i ht f th NPDES P it Area of Special Biological Significance (ASBS) Research Education Pesticides Herbicides Pathogens
What Can be Done to Achieve What Can be Done to Achieve Compliance and Bring Costs Under Compliance and Bring Costs Under Control? Control? Current Pathway is not Sustainable – no clear program that will meet permit requirements program that will meet permit requirements, therefore, no clear final cost Adaptive stormwater program TMDLs Near Term Strategy Work with Boards - negotiation W k ith B d ti ti Long Term Strategy Work with EPA to implement true source control Work with EPA to implement true source control
Near Term: Negotiate Near Term: Negotiate Near Term: Negotiate Near Term: Negotiate MS4 NPDES Permits are on a 5-Year Cycle MS4 NPDES Permits are on a 5 Year Cycle Permits Become More Prescriptive and Costly with each Cycle with each Cycle Develop your Report of Waste Discharge (ROWD) (i.e., permit application) carefully Insist on meeting with Board staff with sufficient time and frequency to fully vet concerns on draft NPDES Orders NPDES Orders Testify at NPDES Adoption Hearings Staff – technical issues Elected - cost and operational issues
Specific I tems to Negotiate Specific I tems to Negotiate Specific I tems to Negotiate Specific I tems to Negotiate Draft NPDES Negotiation Items: Draft NPDES Negotiation Items: Inspections Businesses Businesses Treatment BMPs Construction Site Requirements q Industrial Site Requirements Retrofit Programs Dry Weather Flow Prohibition Numeric Action Levels (NALs) and SALs
Monitoring Programs Monitoring Programs Monitoring Programs can be the Single Biggest Budget Line Item g Special Studies Pilot Studies Biological Monitoring Sediment Characterization/Mass Loading Hydromodification
I nformation Needed During I nformation Needed During Negotiation Negotiation Good understanding of problems and sources Iterative plan to solve the problems Cost of programs Revenue sources to fund programs p g Alternative ways to achieve permit goals Understanding of NGO/regulator priorities Understanding of NGO/regulator priorities Comment letters on major recent renewals EPA’s Information Collection Request (ICR) EPA s Information Collection Request (ICR) Recent permits
TMDLs TMDLs TMDLs TMDLs There are Three Basic Rules to TMDL Survival: There are Three Basic Rules to TMDL Survival: 1. Participate Early in the Process Should you be named? Should you be named? TMDL technically sound Credit trading 2. Bring Good Data to the Process Fair Waste Load Allocations (WLAs) (i.e., discharge limits) 3. Develop Partnerships Economies of scale f l
L L Long-Term Strategy Long-Term Strategy T T S S Stormwater dischargers must ultimately achieve receiving water quality standards, but g q y there are compliance problems The true scope of the problem is unknown: p p Nearly 23 million organic and inorganic substances About 7 million of these substances are commercially available 1 Current system is not an efficient approach 1 Daughton (2004)
Ch Ch Change Required Change Required R R i i d d We are investing significant resources in the urbanizing fringe, but this area is not the problem bl The emphasis on treatment control or LID is not the answer for the built environment: not the answer for the built environment: Plumbing is wrong, grading is wrong Costs are too high Costs are too high Effectiveness is modest And, pace of redevelopment is slow: , p p
Consider… Consider… About 110 million acres currently ‘developed’ in the US (5.5% of land area) ( ) Redevelopment proceeds modestly…. ABAG estimates 22,274 acres redeveloped from , p 1985 to 1995 This represents 0.5% of land area in the 8 counties sampled over the 10 year period. And, residential areas rarely redevelop
Meanwhile, Regulatory Pressure is Meanwhile, Regulatory Pressure is Meanwhile, Regulatory Pressure is Meanwhile, Regulatory Pressure is I ncreasing…. I ncreasing…. In 1998, there were about 21,749 waterbodies listed as impaired nationally. In 2008, the number rose to 43,446 waterbodies nationally. Leading Causes (US EPA): Leading Causes (US EPA): 1. Pathogens 2. Mercury 3 3. Metals Metals 4. Nutrients 5. Sediment 6 6. PCBs PCBs
Also Consider: Also Consider: That many pollutants persist in the environment Many are very soluble Take years for problems to manifest Take years for us to recognize a problem About 4% of the land in the US is home to 75% of the population – impairments should be limited to these areas… Yet, problems occur far outside of urban areas… Yet problems occur far outside of urban areas
Need for Change Need for Change Need for Change Need for Change The current regulatory system is reactive and b based on proxies to achieve water quality d i t hi t lit standards: Best management practices (BMPs) Best management p actices (BMPs) Numeric sizing Action levels for individual constituents Action levels for individual constituents The system is not working TMDLs taking more program resources TMDL t ki Litigation taking more program resources Municipal governments being asked to pay for Municipal governments being asked to pay for programs with no clear pathway to the ‘goal’
True Source Control True Source Control Source Control = keeping potential pollutants out of stormwater Operational More common Focused on physically keeping potential pollutants out of contact with rainfall and stormwater runoff through covering, berming, or cleaning covering berming or cleaning True (or Original) Focuses on the original source of a potential pollutant Focuses on the original source of a potential pollutant or on runoff by eliminating or significantly reducing the existence of the potential pollutant or runoff thereby negating the need to physically prevent thereby negating the need to physically prevent contact between the two
True Source Control True Source Control True Source Control True Source Control ↓ Potential Pollutants ↓ Potential Pollutants Reduce the number potential pollutants – Green chemistry (DTSC) Design with nature chemistry (DTSC), Design with nature If you make it, you take care of it (Cradle-to-cradle) – Product stewardship (CPSC), Extended Producer p ( ), Responsibility (EPR) (CIWMB) ↓ Runoff ↓ u o Start at the Source / Low Impact Development (LID) Development (LID)
True Source Control ( ↓ Potential Pollutants) True Source Control ( Potential Pollutants) Product Product-based Pollutants: Conceptual Relationships Product Product based Pollutants: Conceptual Relationships based Pollutants: Conceptual Relationships based Pollutants: Conceptual Relationships True Source Manufacture Control Control Sale Use Source Control Release to urban runoff Urban runoff Treatment Treatment discharge Control Effectiveness Receiving water g Costs
An Example of Source Control An Example of Source Control Brake pads are the single largest source for copper in largest source for copper in highly urbanized watersheds g y in California 19
Traditional Water Quality Treatment Traditional Water Quality Treatment Traditional Water Quality Treatment Traditional Water Quality Treatment Cannot Solve Copper Problem Cannot Solve Copper Problem Clean Water Act typically requires municipalities to solve problems—BUT municipalities to solve problems BUT Treatment is technically and economically infeasible infeasible Regulation of brake pads by municipalities is an option but impractical leading to a is an option, but impractical, leading to a potential patchwork regulatory environment for manufacturers environment for manufacturers 20
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