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Biographical Information Harry Kallipolitis Manager, 401 Water Quality Certification, Isolated Wetland and Storm Water Section Division of Surface Water, Ohio Environmental Protection Agency P.O. Box 1049, Columbus, OH 43216-1049 (614) 644-2146 harry.kallipolitis@epa.ohio.gov Harry Kallipolitis is Ohio EPA’s Storm Water and 401 Water Quality Certification Manager. Prior to this position, Harry worked as the Central District Office Storm Water Coordinator for Ohio EPA where he was integral to the development of the storm water program from the inception back in the early 90’s. Inherent in the position, Mr. Kallipolitis was responsible for the development, implementation, and oversight of the Phase One and Phase Two Storm Water Regulations for the state of Ohio and continues this work in his current position. In addition, Harry worked with local municipalities, counties, and sister agencies to develop and implement local storm water regulations. Harry brings with him over 26 years of field experience giving him a unique perspective in the continued development and implementation of the Storm Water and 401 Programs. Prior to his work with Ohio EPA, Harry worked with Ohio Department of Natural Resources for a period of six years with various Divisions regulating the coal, oil, and gas industries in Ohio. Timothy W. Ling, P.E., Environmental Engineer, Plaskolite, LLC. P.O. Box 1497, Columbus, OH 43216-1497 (614) 294-3281 tim.ling@plaskolite.com Mr. Ling is the Corporate Environmental Manager for Plaskolite LLC., a 66-year old, Columbus-based manufacturer of continuously processed acrylic sheet. Mr. Ling is responsible for Plaskolite’s environmental compliance at its 6 manufacturing facilities in Ohio, California, Texas, Mississippi, and Mexico. He has over 26 years of experience in environmental engineering, both as a consultant to businesses, and now as in-house environmental manager. He has spoken and written on a wide range of environmental topics. Mr. Ling graduated at the top of his class with a Bachelor of Science degree in Civil Engineering from the Florida Institute of Technology (1989), and a Master of Science degree in Civil Engineering from the University of Notre Dame (1991). He is a Registered Professional Engineer in the states of Ohio and Florida. R. Curt Spence, P.E., President, Spence Environmental Consulting, Inc. 70 W. Columbus St., Pickerington, OH 43147 614-837-4750 curt@spenceenv.com Mr. Spence is the President of Spence Environmental Consulting, Inc. located in Pickerington, Ohio. Spence Environmental Consulting, Inc. was founded in 1995 and provides a wide range of environmental consulting services including compliance, due diligence, BUSTR corrective action, RCRA closure, remedial design and geotechnical engineering services. Mr. Spence was a member of the industry coalition that negotiated the terms and conditions of the current industrial NPDES storm water general permit with the Ohio EPA. He has recently published several articles in Ohio trade association newsletters, performed seminars and provided training to several Ohio companies on this topic. Mr. Spence has also authored numerous storm water pollution prevention plans for industrial sites in Ohio. Mr. Spence holds a Bachelor of Science degree in Civil Engineering from the University of Cincinnati (1987) and a Master of Science degree in Civil and Environmental Engineering from the University of Cincinnati (1989). He is a registered professional engineer in Ohio.

1 Storm Water Compliance in Ohio In Light of the Renewal of Ohio EPA’s Industrial Storm Water General Permit Timothy W. Ling, P.E. Environmental Engineer Plaskolite, LLC. R. Curt Spence, P.E. President Spence Environmental Consulting, Inc.

2 Topics  How’s Ohio's storm water quality?  Survival tips  The FUTURE…

3

4 DL Range Aluminum 2132 Samples (ND to 490,000 ug/L) BM = 767 > BM (36.0%) 750 ug/L Median = 336.3 ug/L Frequency ) Concentration (ug/L)

Copper 5 DL Range 629 Samples (ND to 20,000 ug/L) 247 > Max. BM (39.3%) 540 > Min. BM (85.9%) Median = 27.7 ug/L Frequency ) BM = 3.8–51.7 ug/L Concentration (ug/L)

6 Lead 989 Samples (ND to 2300 ug/L) 15 > Max. BM (1.7%) 62 > Min. BM (6.9%) DL Range Median = 11.3 ug/L Frequency ) BM = 210 to 715 ug/L Concentration (ug/L)

Zinc 7 DL Range 2591 Samples (ND to 219,000 ug/L) 485 > Max. BM (18.7%) 1755 > Min. BM (67.7%) Median = 83.5 ug/L BM = Frequency ) 40–390 ug/L Concentration (ug/L)

Chemical Oxygen Demand 8 DL Range BM = 120 mg/L Frequency ) 785 Samples (ND to 4000 mg/L) 138 > BM (17.6%) Median = 41.3 mg/L Concentration (mg/L)

9 Nitrite plus Nitrate DL Range BM = 0.68 mg/L 1404 Samples Frequency ) (ND to 2768 mg/L) 640 > BM (45.6%) Median = 0.61 mg/L Concentration (mg/L)

10 Total Suspended Solids DL Range BM = 100 mg/L Frequency ) 3209 Samples (ND to 9957 mg/L) 469 > BM (14.6%) Median = 11.0 mg/L Concentration (mg/L)

11 Survival Tip: No Exposure Certification (NEC)  NEC = No storm water NPDES permit  “All industrial materials & activities are protected by a storm resistant shelter to prevent exposure to rain … and/or runoff”  Renew NEC every 5 years

12 Survival Tip: Benchmarks  It’s ALL about the benchmarks  Exceedance not permit violation…BUT… not correcting IS permit violation  Natural background levels only, but neighbor run-on addressed

13 Survival Tip: Inspections  Inspections from complaints  Ohio EPA inspection issues:  Outfall locations  Benchmark data  Non-storm water discharges  BMPs  Contents of SWPPP  Employee training records

14 Survival Tips  Apply for timely coverage (90 days of Ohio EPA notice)  Update SWPPP to meet new permit requirements (e.g., Part 5.0)  Review benchmark data & control measures - changes needed?

15 Survival Tips  Identify all outfalls in your SWPPP, including “substantially identical outfalls” (for reduced sampling)  Start benchmark sampling in 2017 versus waiting until Year 3 (2019)

16 Survival Tips  Review facility inspection forms (quarterly, monthly, weekly?) & update, as needed.  Continue quarterly visual assessments  Perform & document annual employee training

17 Survival Tips: Corrective Action  Triggers for Corrective Actions:  Spills  Exceed Numeric Effluent Limit  Ohio EPA NOV  Issues from inspections  Facility changes  Benchmark average exceeds benchmark limit

18 Survival Tips: Corrective Action  Corrective Actions:  Document discovery in SWPPP within 24 hours  Corrective action within 30 days & document corrective action in SWPPP

19 I Did All That Stuff BUT …  “I still don’t meet the benchmarks!”  Additional BMPs (e.g., treatment)  Start JUSTIFYING…  Neighbor run-on  Non-natural background  Non-industrial  Is this economically feasible?

20 The Future? California…  General Permit effective July 1, 2015  2 samples every 6 months  Benchmarks = NAL  Instant Max. NAL = O&G,TSS,pH  By SIC - Annual NALs

21 YEAR 1 2 3

22 California General Permit  50% “flunked” => Level 1  Exceedance Response Action plan  Standards for treatment BMPs  Qualified Industrial Storm Water Practitioner (QISP)

23 California General Permit  25-50% failure by June 2017 = Level 2  “Perpetual exceedance (Level 2)”  Must pass 4 back-to-back storms  “1-strike” back to Level 2  Natural background demo  Non-industrial source demo  Citizen suit target

24 California Storm Water TMDLs  July 1, 2016 proposal mandate  Proposed TMDLs @ Long Beach Harbor  Copper = 3.73 ug/l (from 33.2 ug/l)  Lead = 8.52 ug/l (from 262 ug/l  Zinc = 85.6 ug/l (from 260 ug/l)

25 Zinc By The Numbers  OH benchmark = 0.04 - 0.39 mg/l  CA TMDL = 0.0856 mg/l  2015 USEPA MSGP benchmarks  0.04 – 0.26 mg/l for freshwater  0.09 mg/l for saltwater  USEPA freshwater std. = 0.12 mg/l

26 Benchmark = 0.04 - 0.39 mg/l  OH aquatic OMZM/A = 0.39 mg/l  OH aquatic IMZM = 0.78 mg/l  Ohio River HH OMZA = 9.1 mg/l  Columbus water = 0.219–0.902 mg/l  Secondary MCL = 5 mg/l

YEAR 27 1 2 3 4

28 The Future…  Start planning for OHR000007 in 2022  In light of USEPA MSGP circa 2020  And another thing…

29 2016 USEPA-Enviro Settlement  3-Tiers of corrective measures  Based on annual average & single exceedance  Tier 3 requires source and/or treatment controls  “California model”?  USEPA to fund storm water study

30 USEPA Storm Water Study  Monitoring “improvements”  Numeric retention (flow) standards  “High-priority” industries  Add BAT/BMP to specific sectors  Discharges to impaired waters

31 The Future…  BMPs Sample/Corrective Action  New, lower benchmarks [for ALL]?  Benchmarks today…NELs tomorrow  TMDL and/or WQL (Part 6.2.4)