Workshop S Into the Storm Ohio Storm Water Compliance in Light of - PDF document

Workshop S Into the Storm … Ohio Storm Water Compliance in Light of the 2020 Renewal of the U.S. EPA’s Storm Water NPDES Multi-Sector General Permit (MSGP) Tuesday, March 24, 2020 3:30 p.m. to 4:45 p.m.

Biographical Information Timothy W. Ling, P.E., Corporate Environmental Director, Plaskolite, LLC. P.O. Box 1497, Columbus, OH 43216-1497 (614) 294-3281 tim.ling@plaskolite.com Mr. Ling is the Corporate Environmental Director for Plaskolite LLC., a Columbus-based manufacturer of continuously processed plastic sheet. Mr. Ling is responsible for Plaskolite’s environmental compliance at its 10 manufacturing facilities in North America. He has over 29 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 with a Bachelor of Science degree in Civil Engineering from the Florida Institute of Technology (1989), and 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, and a Qualified Industrial Storm Water Practitioner (QISP) in the state of California. 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 has participated as member of the industry coalition that has negotiated the terms and conditions of the current and prior industrial NPDES storm water general permits with the Ohio EPA. He has recently published articles in Ohio trade association newsletters, performed seminars and provided training on industrial storm water compliance in Ohio. 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. Todd A. Trowbridge, CSP, EHS Manager, Arboris, LLC Newark, OH 740-522-9354 Todd.trowbridge@arboris-us.com Mr. Trowbridge is the Environmental, Health, and Safety Manager for the Arboris LLC plant in Newark, Ohio. Arboris, LLC is the leading plant sterols producer in the world of naturally-occurring cholesterol- reducing compounds from natural and renewable sources. Mr. Trowbridge is responsible for environmental compliance, occupational safety, and OSHA Process Safety Management leadership at the Newark plant. He has over 25 years’ experience as a facility and corporate EHS Manager and Director. Mr. Trowbridge graduated in 1986 from St Louis University with a Bachelor in Aerospace Engineering and Master of Science in Civil and Environmental Engineering from Ohio State University in 1993. He is a Certified Safety Professional (CSP).

Into the Storm 1 Ohio Storm Water Compliance In Light Of The 2020 Renewal of USEPA’s Storm Water NPDES Multi-Sector General Permit Timothy W. Ling, P.E. Corporate Environmental Director Plaskolite, LLC. R. Curt Spence, P.E. President Spence Environmental Consulting, Inc. Todd A. Trowbridge, CSP EHS Manager Arboris, LLC.

2 Topics  Recap Ohio storm water program  2019 NAS storm water study  2020 USEPA MSGP renewal  Survival tips & future trends

3 Ohio Storm Water Permits  Industrial: 6/1/17 - 5/31/22  Construction: 4/23/18 – 4/22/23  Oil & Gas lines: 9/17/18 – 9/16/23

4 Ohio Industrial SWGP  Benchmark sampling by 6/1/2020  Workable benchmark provisions  Neighbor run-on  Alternate benchmarks  “Non-industrial” sources  Overall, good SWGP – BUT…

5 Ohio Industrial SWGP  Expires May 31, 2022  Renewal activities starting 2021?  Influenced by USEPA MSGP renewal due June 4, 2020

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7 Copper 1294 Samples DL Range (ND to 20,000 ug/L) 514 > Max. BM (39.7%) 948 > Min. BM (73.3%) Median = 46.7 ug/L Frequency ) BM = 3.8–51.7 ug/L Data from Wood Preserving, Foundries, Metal Recycling Concentration (ug/L)

Zinc 8 4882 Samples (ND to 330,000 ug/L) 844 > Max. BM (17.3%) DL Range 3098 > Min. BM (63.4%) Median = 92.0 ug/L Frequency ) BM = 40–390 ug/L Data from Sawmills, Chemical Manufacturing, Plastics, Steel Mills, Foundries, Water Transportation Facilities, Rubber Products, Metal Products Concentration (ug/L)

9 Nitrate Plus Nitrite 2503 Samples (ND to 2768 mg/L) 976 > BM (39.0%) Median = 0.60 mg/L BM = 0.68 mg/L Frequency ) Data from Chemicals Manufacturing, Fats and Oil Products, Metal Fabricating Concentration (mg/L)

10 Total Suspended Solids 6975 Samples (ND to 28,300 mg/L) 935 > BM (13.4%) Median = 11.0 mg/L Frequency ) BM = 100 mg/L Data from Sawmills, Asphalt and Concrete Products, Cement Manufacturing, Foundries, Mining, Landfills, Auto Salvage, Recycling, Coal Piles, Grain Mills, Fats and Oil Products Concentration (mg/L)

11 Chemical Oxygen Demand 1596 Samples (ND to 4,000 mg/L) 286 > BM (17.9%) Median = 48.0 mg/L Frequency ) BM = 120 mg/L Data from Coal Piles, Airports, Fats and Oil Products, Sawmills, Paperboard Mills, Hazardous Waste TSDFs, Recycling Facilities Concentration (mg/L)

pH 12 402 Samples (4.0 to 12.0) 7 < 6.5 (1.7%) 12 > 9.0 (3.0%) Median = 7.6 Frequency ) Data from Coal Piles, Airports, BM = 6.5-9 Timber Products, Composting, Asphalt Emulsion Manufacturing, Cement Manufacturing, Mining pH

13 Waterkeeper Alliance v. United States EPA (2016) “We are deeply disappointed with EPA’s failure to set numeric limits in this permit after spending so much time and effort to bring ‘Big Data’ to the world of water pollution…Today, EPA can draw on hundreds of thousands of data points collected by polluters across the country, in every line of business, to set clear, achievable pollution limits for industrial stormwater. But EPA didn’t even consider trying to set clear, numeric limits.”

14 NAS Storm Water Study  USEPA-funded to inform the next MSGP renewal in 2020  “Improving the EPA Multi-Sector General Permit for Industrial Stormwater Discharges” (http://nap.edu/25355)

15 NAS Study Committee  Allen Davis, Chair, Univ. of Maryland  Roger Bannerman, Wisconsin DNR (Ret.)  Shirley Clark, Penn State - Harrisburg  L. Donald Duke, Florida Gulf Coast Univ.  Janet Kieler, Denver International Airport  John Stark, Washington State Univ.  Michael Stenstrom, UCLA  Xavier Swamikannu, UCLA & CA Water Board, LA Region (Ret.)

16 NAS Study Conclusions 1) Industry-wide monitoring for pH, TSS, COD/TOC 2) Periodic review & update sector- specific requirements 3) Extend monitoring to non-industrial facilities with similar activities

17 NAS Study Conclusions 4) Basis for benchmarks tied to short- term or intermittent exposures  Re-look Fe, As, Se benchmarks  Suspend Fe & Mg benchmarks 5) Collect additional “storm water control measure (SCM)” data

18 NAS Study Conclusions 6) No Numeric Effuent Limit (NEL) recommended for any sector  Due to existing data, data gaps & likelihood of gap filling 7) Strengthen monitoring & analysis protocols

19 NAS Study Conclusions 8) Allow/promote composite sampling 9) Quarterly sampling inadequate 10)Adoption of national laboratory accreditation programs

20 NAS Study Conclusions 11)Expand tiered monitoring approach based on facility risk, complexity & past performance  Inspection only  Industry-wide monitoring  Benchmark monitoring  Enhanced monitoring (AIM)

21 NAS Study Conclusions 12)Enhance electronic data reporting, analysis and visualization tools 13)Rigorous groundwater protection 14)National retention standards infeasible because very site specific

22 NAS Study Conclusions 15)Incentives to encourage industrial stormwater infiltration (capture/use) 16)Groundwater protection guidance for stormwater retention/infiltration

23 Additional Implementation Measures (AIM)  Part of 2016 USEPA settlement  USEPA must propose AIM  3 tiers, based on exceedances  Tiers 1 & 2 - Review/implement SCM, can be non-structural  Tier 3 - Structural SCM

24 2020 USEPA MSGP Renewal  MSGP expires June 4, 2020  Draft MSGP out February 12, 2020  Will affect Ohio EPA’s SWGP

25 Draft USEPA MSGP Highlights  NO non-industrial facilities  NO new NELs (Numeric Eff. Limits)  NO Retention Standards  Storm water flows as “pollutant”

26 Draft USEPA MSGP Highlights  NO “Coal-Tar Sealcoat”  Asphalt emulsion sealant or acrylic sealant substitutes  Public sign of permit coverage  New Appendix Q of SCMs  672 of 1048-page MSGP!

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29 Draft USEPA MSGP Highlights  Benchmarks:  ALL: pH (6.0-9.0), TSS (100 mg/L), COD (120 mg/L)  Remove Mg and Fe benchmarks  Reduce Se, As, Cd benchmarks  Site-specific Cu benchmark