The National Academies of Sciences, Engineering, and Medicine (NASEM) released a prepublication version of a report that reviews and makes recommendations for the next generation multi-sector general permit for Industrial Stormwater Discharges (NASEM, 2019, Improving the EPA Multi-Sector General Permit for Industrial Stormwater Discharges, Washington, DC, The National Academies Press, https://doi.org/10.17226/25355 ). The multisector permit, issued under the Clean Water Act of 1972 ( 33 U.S.C. §1251 et seq.) National Pollutant Discharge Elimination System (NPDES), forms the basis for stormwater management practices and monitoring at thousands of industrial facilities. A previous National Research Council report, Urban Stormwater Management in the United States (2009) found the industrial stormwater program suffering from “poor accountability and uncertain effectiveness at improving the quality of the nation’s waters” and recommended updating monitoring requirements and using more technologically advanced sampling protocols. A recent settlement agreement with EPA, industries, and environmental groups over the MSGP included a provision for NASEM to revisit the industrial stormwater program. Thus, this report is intended to be used by the EPA to when it proposes revisions in 2020, when the current permit term expires. The first use of this Multi-Sector General Permit (MSGP) for managing industrial stormwater through began in 1995, with renewals every five years. This approach to issuing a blanket permit is the EPA’s attempt to balance protection of the environment and provisions of the Clean Water Act without the burden of issuing thousands of individual permits to each industry site. The general permits are sector-specific and issued to industries at the state and federal level. The current MSGP for industrial stormwater covers, according to the report, more than 2,000 facilities nationwide. For states that manage their own NPDES discharge permit programs, the federal multisector permit sets the minimum requirements and serves as a template for many state agencies to implement their own versions. Some of the significant recommendations to the EPA may be of interest to permit holders: Establish industry-wide monitoring for pH, total suspended solids (TSS), and chemical oxygen demand (COD), “as basic indicators of the effectiveness of stormwater control measures (SCMs) employed on site” for all permit holders. These parameters would indicate potential issues of poor site management or improper implementation of SCM’s. Additional parameters would be added on a sector by sector basis. Implement a process to “periodically review and update sector-specific benchmark monitoring requirements” to incorporate new information that could also reflect industry sector-wide practices. While periodic reviews could result in additional sampling parameters, changes in industry practice, such as eliminating certain chemicals and processes, could reduce the sampling burden over time. Update the MSGP industrial-sector classifications to include nonindustrial facilities with activities similar to those currently required under the MSGP, such as school bus transportation facilities, fuel storage, and fueling facilities. Include the latest toxicity criteria protective of aquatic ecosystems. Collect monitoring data on the performance of SCMs to confirm their actual ability to attain the promised reduction in pollutants, and periodically review and revise them. Update and strengthen monitoring, sampling, and analysis protocols, including the potential addition of a training and certification program to ensure consistent, reliable quality of monitoring data. Allow and promote the use of composite sampling. This could significantly improve the monitoring of discharge events through the use of remote, automated composite sampling devices. Precipitation events can occur at any time and are not always easily predictable. Composite sampling techniques and more sophisticated equipment are available to not only provide more consistent and reliable data but have the advantage of being available during an entire stormwater discharge event. It is not difficult to envision a composite sampler with a controller connected wirelessly to meteorological instruments and flow monitors to select the time to begin interval sampling and notify the owner that the samples can be recovered. Remove the waiver for a permittee to discontinue monitoring for the remainder of the permit term if four consecutive quarters of sampling data show parameters below the benchmark. NASEM, instead, recommends shifting to annual sampling to ensure “appropriate stormwater management throughout the remainder of the permit term,” noting that given the “natural variability and the limitations of grab samples, substantial uncertainty is associated with using the average of only four stormwater samples” to waive monitoring for the remainder of the permit term. The EPA has not provided any indication as to which of these recommendations, if any, may be incorporated into the 2020 renewal. The settlement agreement with EPA, industries, and environmental groups requires the EPA to consider the recommendations within the report; however, the NASEM did not conduct any analysis of costs and benefits, which will likely affect the EPA’s analysis The draft permit is supposed to be available in November 2019. We'll provide updates as more information becomes available.
A periodic visit to the EPA list of states and territories that have adopted the hazardous waste generator improvement ruls.
The Environmental Protection Agency (EPA) continues to track the states aopting the hazardous waste generator improvement rule, which is a collection of new and revised regulations that can have an impact on the waste management activities of thousands of small quantity generators of hazardous waste. Over 60 changes and technical corrections are intended to improve clarity and provide flexibility ( https://www.epa.gov/hwgenerators/fact-sheet-about-hazardous-waste-generator-improvements-final-rule ). The rule is now effective in Alabama, Alaska, American Samoa, Colorado, Florida, Georgia, Hawaii, Idaho, Iowa, Kentucky, Mississippi, New Jersey, North Carolina, Northern Mariana Islands, Oklahoma, Pennsylvania, Puerto Rico, Utah, the Virgin Islands, Virginia, and West Virginia ( http://www.retailcrc.org/Pages/State-Tracking-Matrix.aspx ). The deadline for states to have hazardous waste regulatory programs that incorporate the more stringent aspects of the federal rule was July 1, 2018. If the state regulatory process requires changes to legislation, the deadline is July 1, 2019. Meanwhile, enforcement of hazardous waste management regulations continues, with Whole Foods among the latest retail organizations running afoul of state enforcement authorities. Progressive Grocer ( https://progressivegrocer.com ) reports that Whole Foods paid a fine of $1.6 million for failure to properly dispose of hazardous materials in California. For additional information on the status of the regulations and other information on environmental compliance at retailers, check out the Center for Retail Compliance ( www.retailcrc.org ). Integrity Environmental Strategies offers services to hazardous waste generators in multiple business sectors. Contact us for assistance in developing sound environmental management programs that can address hazardous and solid waste management, as well as other environmental, health, and safety compliance concerns.
In February 2016 the U.S. Environmental Protection Agency (EPA) reached a settlement with several environmental groups (Environmental Justice Health Alliance for Chemical Policy Reform, People Concerned about Chemical Safety; and the Natural Resources Defense Council), agreeing to begin a rulemaking process to propose spill prevention rules that would cover over 350 hazardous substances (HS) under the Clean Water Act (CWA). The existing spill prevention, control and countermeasures (SPCC) requirements would be extended to include thousands of additional facilities or require existing facilities to rewrite SPCC plans to include the additional chemicals. Current SPCC regulations apply only to oil and petroleum storage (40 CFR 112). Regulations for the additional hazardous materials were expected to be finalized on a somewhat expedited schedule, in 2019. An Abrupt Change in Practice In October 2017 EPA Administrator Scott Pruitt issued a directive ordering the EPA to end "Sue & Settle" practices, stating that “The days of regulation through litigation are over.” Many “Sue & Settle” cases establish EPA obligations “without participation by states and/or the regulated community; foreclose meaningful public participation in rulemaking; effectively force the Agency to reach certain regulatory outcomes; and, cost the American taxpayer millions of dollars.” The SPCC settlement, negotiated by the previous administration, arguably can be regarded as an example of “Sue & Settle,” given the limited number of stakeholders involved in the agreement. However, at least one environmental advocacy group, Clean Water Action , points out that the authority and obligation to promulgate regulations can be found in the original language of the 1972 legislation. EPA Invites Comments on the Need for Expanded Spill Regulations On June 25, 2018, the EPA announced that “Based on an analysis of the frequency and impacts of reported CWA HS discharges and the existing framework of EPA regulatory requirements, the Agency is not proposing additional regulatory requirements at this time. This proposed action is intended to comply with the Consent Decree and to provide an opportunity for public notice and comment on EPA’s proposed approach to satisfy the CWA requirements.” (83 Federal Register 122, p 29499) While the EPA recognizes that the CWA included the promulgation of regulations “establishing procedures, methods, and equipment to prevent discharges of oil and hazardous substances from vessels and from onshore facilities and offshore facilities,” the agency determined that existing regulatory programs, such as wastewater and storm water discharge permit programs, hazardous waste management under the Resource Conservation and Recovery Act (RCRA), the Clean Air Act Risk Management Program (RMP), and others, provide an adequate framework to prevent CWA HS discharges. Comments are due to the EPA by August 24, 2018. While no regulatory action is planned by the EPA, the analysis shows a complex tangle of federal and state requirements applicable to facilities that handle and store hazardous substances. Now would be a good time to carefully review your facility’s plans and procedures for addressing releases of hazardous materials. If you have concerns about your company’s hazardous materials storage and handling plans, contact Integrity Environmental Strategies for a brief review and discussion of actions you may need to make.
EPA encourages the regulated community to engage in systematic self-audits to identify and correct environmental compliance issues. Several documents and announcements released recently by the EPA show a renewed effort to educate the regulated community in the benefits of voluntary disclosure of environmental violations.
States continue to adopt “Hazardous Waste Generator Improvement Rule” that became effective at the federal level on May 30, 2017.
A blog post dedicated to practical aspects of environmental, health, and safety compliance topics, selected and edited by Integrity Environmental Strategies partners.