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Recyclers News Press
Typically some type of periodic monitoring is required
during storm events by chemical analysis of certain
pollutants associated with the particular industry.
In lieu of numerical effluent limits, the general permit
will establish “benchmark levels” for industry specific
pollutants as guidelines. Corrective measures usually
involve modifications to BMPs. Unlike a numerical
effluent limit in non-storm water NPDES permits,
benchmark levels are not enforceable effluent limits
under the Clean Water Act. Therefore exceeding a
benchmark level by itself does not subject a facility to
an enforcement action by EPA, an authorized state or
a third party citizen suit.
Over the past five years there has been a significant
increase in Clean Water Act storm water enforcement
actions. The emphasis has been on actions against
the home construction industry as well as confined
animal feeding operations (CAFOs). The typical en-
forcement action has been focused on facilities that
failed to obtain a required general permit or failed to
comply with SWPPPs and related paperwork require-
ments. Also out West there is an increase in third
party citizen suits for violation of general storm water
permits.
Over the past 20 years, the BMP approach in general
permits has provided some certainty of the require-
ments and ease of implementation. EPA has taken
the position, however, that the BMP approach to
storm water permits is just the first phase in the pro-
gram while EPA gathers data to support
numerical
effluent limits.
The justification for numeric effluent limits are the
number of impaired waters that states report to the
EPA and which are under order by EPA to improve.
The state must develop
total maximum daily load
(TMDL) programs
, under Section 303(d) of the
Clean Water Act, to improve the water not meeting
the quality standards. TMDLs are basically pollution
reduction plans that identify the loading capacity of a
pollutant causing impairment for a water body.
Storm water permits governing point source storm
water runoff from regulated facilities is one tool EPA
may leverage to address these impaired waters. But
implementing mandatory numeric effluent levels in
place of benchmarks or guidelines for storm water
quality raises compliance concerns.
Specifically, regulated facilities should become in-
volved in the TMDL development at the state level to
ensure that the numeric effluent limits are achievable.
Currently Iowa data is being compiled to use, along
with the baseline data collection conducted by Sue
Schauls at the Iowa Waste Reduction Center, to have
empirical laboratory analysis results on which to
frame a discussion with the Iowa DNR. The Iowa
Automotive Recyclers and the Iowa DNR will work
together to address the implementation of numeric
effluent limits on our industry when the time comes.
Meanwhile, keep storm water sampling up to date
along with your Storm Water Pollution prevention Plan
or SWPPP via your I-CARE program.
Storm Water Permits
Numeric Effluent Limits
