9843 - E2S2


9843 - E2S2

“Strategic NPDES Permitting”What Kind ofa CorporateDoublespeakis That?Webster’s(JP’s?)Definition:Optimizing the Outcome ofyour NPDES permittingprocess to enhance andsupport your mission andoperations.2

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 whichimpact the permit• Failure to take the public’s reaction into account• Failure to deal with the Administrivia!3

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

Typical Approach to NPDES Permitting1. Manager says ―new mission/process, need to getnew permit now!‖2. Too busy to think about it!3. Prepare application at last minute; coercemanager to sign, hand-carry to agency to meetsix-month deadline.4. Hold breath until agency comes back with draftpermit.5

Typical Approach to NPDES Permitting5. Argue with agency about permit terms andconditions for several months6. Agency public notices the permit7. Public goes nuts (We never knew you werethere!!??)8. Public hearing—Leadership hung in effigy9. Leadership hangs environmental manager ineffigy6

Typical Approach to NPDES Permitting10. Redraft permit to incorporate stuff to appeasepublic11. Permit finally issued after 16 month ordeal;contains many new requirements12. Permit appealed by citizen’s group; several monthdelay and more requirements13. Send resume to www.monster.com7

Can This Process Be Improved?It’s Up to You:Either take what you get, or takecontrol of the process8

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 affectedstakeholders.Step 5: ―Write your own permit‖.Step 6: Cross every ―t‖, dot every ―i‖Step 7: Is everything covered?9

Step 1: Understand your current permitDo you know these things about your permit:Correct production basis, if applicableWater quality vs. technology basis limitsToxicity and flow basisHas antibacksliding been applied?Batch vs. continuous basisWater balance basisAre there calculation errors?‣This sets the basis for moving forward!10

Step 2: Permit Strategic PlanObjectives:1. Decide what you need from your permit2. What does the permit need to cover?3. Determine what are the steps and criticalneeds to get there‣This is the most-neglected step ofthe process!11

What Do You Need from your NPDESPermit?• Future plans--expansions and changes (flexibility!)• Deal with historical compliance issues• New and emerging rules/agency practices• Who are external stakeholders and what are theirconsiderations?• Internal stakeholder discussion of needs/objectives forthe permit• Document permit needs—so you have a definition ofsuccess when you are done!12

What are the Steps and Critical Needsto get there?Develop data needs list:• Consolidate existing data in database/workbook• Confirm analytical requirements• Define data needs for application and/or otherpurposes• Develop sampling procedures and written plan• Special attention to Form 2F stormwater sampling –obtain agency approval prior to representativesampling13

How do you Implement the StrategicPlan?Develop a workplan!• What info is needed and who will do it?• Related projects to be completed• Assign responsibilities--who does what andwhen--internally and consultant• Set milestones• Use a tracking tool for all tasks• Plan enough time to sample stormwater14

SamplingOutfall Required? EPA Form Standard Parameters 1 Additional Site Specific PSN 001 Yes 2C All parameters listed on EPA Form 2CSN 008 Yes 2C 2C Parameters 2SN 009 No 2FSN 010 No 2FSN 011 No 2FSN 012 Yes 2C 2C Parameters 2 TrichlorethyleneSN 013 No 2FSN 014 No 2FSN 015 No 2FSN 016 Yes 2F 2F Parameters 3 Fecal Coliform, Pesticides/SN 017 No 2FSN 018 Yes 2C 2C Parameters 2 TrichlorethyleneSN 019Yes 2C 2C Parameters 2 Trichlorethylene, NaphthaSN 020 No 2FSN 021 No 2FSN 022 Yes 2C 2C Parameters 2 Nitrate-Nitrite, TrichloroetOrganizational Tools Assure ThatAnalytical is Done Right!SN 023 No 2FSN 024 No 2FSN 025 Yes 2C 2C Parameters 2 TrichlorethyleneSN 026 No 2FSN 027 Yes 2F 2F Parameters 3 Base/Neutrals (see Table 2SN 028 No 2FFecal Coliform, Pesticides/Fecal Coliform, Pesticides/SN 029 Yes 2F 2F Parameters 3 Base/Neutrals (see Table 2SN 030 No 2FSN 031 Yes 2F 2F Parameters 3 Base/Neutrals (see Table 2SN 032 Yes 2F 2F Parameters 3 Base/Neutrals (see Table 2otes:Standard Parameters are parameters that are required for all Form 2C or Form 2F sample locations.2C Parameters:2F Parameters:BOD, COD, TOC, TSS, NH3-N, Flow, Temperature, pH, Chlorine, Oil and Grease, Fecal ColifoTON, Total P, Iron, Pesticides/PCBsBOD, COD, TOC, TSS, TKN, NO3/NO2-N, NH3-N, Flow, Temperature, pH, Chlorine, Oil & G15

NPDES Permit Renewal Task Tracking TableTaskResponsible Party CommentsABCCompany CH2MGeneralCheck with ADEM about NaSH addition X Met with Regulator Feb. 10; need to send insanitized version of Form 2DEst. CompleteDateDateCompleted2/15/2001 2/10/2001Send package to ADEM with sanitized version of 2DX Package to Regulator should be submitted by 2/23/2001application, and request representative sampling for stormwaterFebruary 23Consolidate 3 years of analytical data into single workbook X 3/15/2001Develop monitoring frequency table X Methodology from EPA guidance; CH2M to 4/1/2001develop table based on ABC Company's historicalInclude DIZ study in application package X DMR Completed data in 2000Sampling plan for non-OCPSF wastewater X 3/7/2001Review basis for non-OCPSF allocations, summarize new X X ABC Company is going to evaluate and let CH2M 4/30/2001data, and calculate allocationsknow if more data will be collectedAll sampling / analysisXCalculate expected permit limits for application package X 4/30/2001Production of application package X 7/15/2001Form 1Update SIC codes X 3/31/2001Identify who will sign application forms X From 1/30/01 meeting with ABC Company 1/30/2001Identify parent corporation and mailing address X From 1/30/01 meeting with ABC Company 1/30/2001Identify subsidiary corporation(s) operating in Alabama X From 1/30/01 meeting with ABC Company 1/30/2001Update location map X 3/31/2001ABC Company has list from previous permit 3/31/2001Update list of air permits and other existing permitsXapplicationComplete Form 1 X 3/31/2001Form 2CDevelop analytical table X 2/9/2001 2/13/2001Develop sampling plan X 2/28/2001Implement sampling and analysis X 3/31/2001Update flow schematic and water balance/flow basis ofX 3/31/2001facility showing water flow through the plant.Summarize 3 years of production data X 3/31/2001Identify toxic and hazardous pollutants that may bedischargedX 2/23/2001Description of operations, including wastewater treatmentX 3/31/2001and block flow diagramList outfall description; include latitude/longitude &X 3/31/2001receiving waterList required water pollution control improvements X 5/1/2001List any biological toxicity testing data X 5/1/2001Include contract laboratory information X 5/1/2001Complete Form 2C X 5/1/2001 16Form 2FCheck with ADEM about representative sampling for storm X Met with Regulator Feb. 10; need to send letter 2/15/2001 2/10/2001

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

Step 3: Communicate a lotwith the AgencyObjective: Let them know what you need so they canhelp!• Do this often:‣ Ongoing--do you have a relationship/do they know you andyour plant?‣ Ahead of application submittal but after planning‣ Application analytical discussions‣ Application submittal‣ Thereafter as needed18

Step 4: Communicate withAffected Stakeholders• Stakeholder means anyone potentially interested inand/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 andthe timing• Develop/implement a public involvement plan19

Step 5:Write Your Own Permit!• Objective: Develop a Permit Basis Documentwhich 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 withdesired permit limits20

Clean Water Act 101• First, meet technology- (orproduction) based limitations,• Then, meet water-quality basedlimitations21

The Permit Basis Document--Technology-Based Limitations• Carefully assess/predict production for next 5years:‣ Is a ―Step‖ or ―tiered‖ permit needed?‣ Calculate and document basis• Use additional data as needed to supportjudgment-based (Best Professional Judgment(―BPJ‖)) limits22

The Permit Basis Document--WaterQuality-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

The Permit Basis Document--WaterQuality-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 done24

If a New or Expanded Discharge,Watch Antidegradation• Antidegradation review generally required only ifnew or expanded‣ The agency must make a judgment on whether theeconomic and social good is worth the new impacts onthe waterbody• Permittee must:‣ Review alternatives to discharge‣ prepares a economic/social good demonstration25

Some things to watch….• Reasonable Potential Assessment – methoddetection limit (MDL) must be low enough toallow for this assessment• If production is expected to fluctuate more than20%, a ―tiered‖ permit may be needed so thatyou do not to lose allocation• Check permit forms to verify if old data is allowed26

Step 6: Cross Every “t”, Dot Every “i”• ―Completeness‖ within 180 days of permit expiration –agency may not acknowledge this – get app in at least60-90 days early!• Obtain prior agency approval on common outfallsampling• Properly identify all hazardous substances indischarge• If in the Coastal Zone, a study is required in somestates27

Step 6: Cross Every “t”, Dot Every “i”• Use correct sampling protocol for VOCs• Verify correct forms – may have statespecific form• Maps--lots of detail!• Right person to sign--are they available?• Fill out every block28

Step 6: Cross Every “t”, Dot Every “i”• Include every activity that contributes tothe wastewater discharge and needspermitting• Confirm the correct fee to submit with theapplication (application may not beconsidered ―complete‖ without full fee)29

Case Study-US Army Depot: Background• Significant workload increase due to war• Permit did not reflect current production levels• Pending upgrades in wastewater treatmentplant (WWTP),– Designers did not know effluent levels for design30

Case Study-US Army Depot: Background• Changes in allowable effluent limits dueto new state TMDLs• Noncompliance status; enforcementpending• State slow in reissuing permits‣Lots of significant, simultaneous issues!31

Case Study-US Army Depot: PermittingApproach• Open, honest, and frequent communication with regulators toattain concurrence on issues and path forward• Developed permit basis so likely permit limits could be availablefor 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 manner32


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