Storm Water and General Construction Permit (GCP) and Tribal Authority to Control Pollutants at the Source Scott Bulgrin, Pueblo of Sandia
Pueblo of Sandia Mission Statement The mission of the Pueblo of Sandia Environment Department is to protect and manage the reservation environment through the application of sound scientific methods and cultural needs and to involve the members of Sandia Pueblo in a community based approach which educates and encourages the participation of individuals in the protection and management of the environment. 2
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Pueblo of Sandia Water Quality Program Objectives Implement and maintain a water quality monitoring program; Administer regulatory controls and activities that protect the surface water quality on the Pueblo; Write and implement water quality standards, codes and regulations; Create community awareness and involvement on water quality issues; and Develop a water quality environmental education program for the Pueblo community. 6
CWA 402 NPDES Under CWA Section 402 National Pollutant Discharge Elimination System (NPDES) each point source discharger is required to obtain a permit that limits the pollutant discharged. Activities that require a NPDES permit are: major and minor municipal WWTPs, major and minor industrial facilities, mines, combined sewer overflows, sanitary sewer overflows, stormwater pollution, and concentrated animal feeding operations. Pueblo of Sandia is actively involved in the NPDES permit, compliance and enforcement process with EPA.
Storm Water The 1987 Amendments to the CWA set the process of controlling storm water pollution into motion. In the early 1990 s, Phase I required cities with populations over 100,000, industrial facilities, and construction sites five acres or larger to obtain a NPDES permit. In the late 1990 s, Phase II required smaller MS4s in urbanized areas ( combined populations 50,000+ and population density in core 1000/sq. mile), industrial facilities, and construction sites one acre or larger to obtain a NPDES permit. 8
Storm Water Stormwater discharges from construction activities (such as clearing, grading, excavating, and stockpiling) that disturb one or more acres, or smaller sites that are part of a larger common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) stormwater program. Prior to discharging stormwater, construction operators must obtain coverage under an NPDES permit, which is administered by either the State (if it has been authorized to operate the NPDES stormwater program) or EPA, depending on where the construction site is located. 9
General Construction Permit (CGP) Where EPA is the permitting authority, construction stormwater discharges are almost all permitted under the Construction General Permit (CGP). The CGP requires compliance with effluent limits and other permit requirements, such as the development of a SWPPP. 10
General Construction Permit (GCP) Construction operators intending to seek coverage under EPA's CGP must submit a Notice of Intent (NOI) certifying that they have met the permit s eligibility conditions and that they will comply with the permit s effluent limits and other requirements. To submit the NOI, the operator should use the enoi system (or electronic NOI system ). 11
Construction General Permit (CGP) Any construction activity that results in land disturbances of one (1) acre or more needs coverage under NPDES CGP. Large construction activities (1990) 40 CFR 122.26 (b) (14) Small construction activities (2003) - 40 CFR 122.26 (b)(15) (ii) 12
Construction General Permit (CGP) On February 16, 2012, EPA issued the final 2012 CGP. The 2012 CGP replaces the 2008 CGP (which expired on February 15, 2012), and provides coverage for eligible new and existing construction projects for a period of five years. 13
Construction General Permit (CGP) The 2012 CGP includes a number of modifications to the 2008 CGP, many of which are necessary to implement the new Effluent Limitations Guidelines and New Source Performance Standards for Construction and Development point sources, known as the C&D rule. The C&D rule requires construction site operators to meet restrictions on erosion and sediment control, pollution prevention, and stabilization. 14
Construction General Permit (CGP) Coverage under the 2012 CGP will be available for eligible construction activities nation wide. The following have specific permit conditions: Region 1 Commonwealth of Massachusetts, New Hampshire. Region 4 Seminole Tribe of Florida Region 5 Fond du Lac Band of Lake Superior Chippewa, Grand Portage Band of Lake superior Chippewa, Bad River Band of the Lake Superior Tribe of Chippewa Indians 15
Construction General Permit (CGP) Region 5 continued Lac du Flambeau Band of Lake Superior Chippewa Indians. Region 6 - New Mexico, Pueblo of Sandia, and Oklahoma. Region 8 Confederated Salish and Kotenai Tribes of the Flathead Nation. Region 9 Hualapai Tribal Lands, Big Pine Paiute Tribe of the Owens Valley, Island of Guam, Commonwealth of the Northern Mariana Islands, and Pyramid Lake Paiute Tribe. 16
Construction General Permit (CGP) Region 10 Idaho, Confederated Tribes of the Umatilla Indian Reservation, Washington, Kalispel Tribe, Lummi Nation, Makah Tribe, and Puyallup Tribe of Indians. 17
Construction General Permit (CGP) Appendix B - Permit Areas Eligible for Coverage: B.6 EPA Region 6: AR, LA, OK, TX, NM (except see Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands) US EPA, Region 06 NPDES Stormwater Program 1445 Ross Ave, Suite 1200 Dallas, TX 75202-2733 18
Construction General Permit (CGP) The States of Louisiana, Oklahoma, and Texas are the NPDES Permitting Authority for the majority of discharges within their respective state. The State of Arkansas is the NPDES Permitting Authority for all discharges within its respective state. 19
Construction General Permit (CGP) Permit No. and Areas of Coverage/Where EPA is Permitting Authority (Louisiana): LAR12000I - Indian country within the State of Louisiana. 20
Construction General Permit (CGP) Permit No. and Areas of Coverage/Where EPA is Permitting Authority (Oklahoma): OKR12000I - Indian country within the State of Oklahoma. 21
Construction General Permit (CGP) Permit No. and Areas of Coverage/Where EPA is Permitting Authority (Oklahoma): OKR12000F - Discharges in the State of Oklahoma that are not under the authority of the Oklahoma Department of Environmental Quality, including activities associated with oil and gas exploration, drilling, operations, and pipelines (includes SIC Groups 13 and 46, and SIC codes 492 and 5171), and point source discharges associated with agricultural production, services, and silviculture (includes SIC Groups 01, 02, 07, 08, 09). 22
Construction General Permit (CGP) Permit No. and Areas of Coverage/Where EPA is Permitting Authority (Texas): TXR12000I - Indian country within the State of Texas. TXR12000F - Discharges in the State of Texas that are not under the authority of the Texas Commission on Environmental Quality (formerly TNRCC), including activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil 23 or natural gas by pipeline.
Construction General Permit (CGP) Permit No. and Areas of Coverage/Where EPA is Permitting Authority (New Mexico): NMR120000 - State of New Mexico, except Indian country. NMR12000I - Indian country within the State of New Mexico, except Navajo Reservation Lands that are covered under Arizona permit AZR10000I and Ute Mountain Reservation Lands that are covered under Colorado permit COR10000I. 24
NMR120001 - CGP Conditions PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR TERRITORIES: The provisions in this Part provide modifications or additions to the applicable conditions of this permit to reflect specific additional conditions required as part of the state or tribal CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA) certification process, or as otherwise established by the permitting authority. 25
NMR120001 - CGP Conditions The specific additional revisions and requirements only apply to activities in those specific states, Indian country, and areas in certain states subject to construction projects. States, Indian country, and areas subject to construction not included in this Part do not have any modifications or additions to the applicable conditions of this permit. 26
Construction General Permit (CGP) The following Region 6 Tribes have conditions listed in Section 9.4.2. NMR12000I: Indian country within the State of New Mexico: Pueblo of Sandia. 27
Construction General Permit (CGP) Section 9.4.2.1 Pueblo of Sandia. The following conditions apply only to discharges on the Pueblo of Sandia Reservation: 28
CGP NMR120001-Pueblo of Sandia Conditions a. Copies of all Notices of Intent submitted to the EPA must also be sent concurrently to the Pueblo of Sandia at the following address. Discharges are not authorized by this permit unless an accurate and complete NOI has been submitted to the Pueblo of Sandia. Regular U.S. Delivery Mail: Pueblo of Sandia Environment Department Attention: Water Quality Manager 481 Sandia Loop Bernalillo, New Mexico 87004 29
CGP NMR120001 Pueblo of Sandia Conditions b. The Pueblo of Sandia will not allow the Rainfall Erosivity Waivers (see Appendix C) to be granted for any small construction activities. Note: This waiver is only available to stormwater discharges associated with small construction activities (i.e., 1-5 acres). Under this scenario the small construction project s rainfall erosivity factor calculation ( R in the Revised Universal Soil Loss Equation) is less than 5 during the period of construction activity. The operator must certify to EPA that construction activity will occur only when the rainfall erosivity factor is less than 5. 30
CGP NMR120001-Pueblo of Sandia Conditions c. The Stormwater Pollution Prevention Plan (SWPPP) must be available to the Pueblo of Sandia Environment either electronically or hard copy upon request for review. The SWPPP must be made available at least fourteen (14) days before construction begins. The fourteen (14) day period will give Tribal staff time to become familiar with the project site, prepare for construction inspections, and determine compliance with the Pueblo of Sandia Water Quality Standards. Failure to provide a SWPPP to the Pueblo of Sandia may result in denial of the discharge or construction delay. 31
CGP NMR120001-Pueblo of Sandia Conditions d. An Authorization to Proceed Letter with site specific mitigation, site and project requirements will be sent out to the permittee when a review of the NOI and SWPPP is completed by the Pueblo of Sandia Environment Department. This approval will allow the construction to proceed if all applicable requirements are met. 32
CGP NMR120001-Pueblo of Sandia Conditions e. Before submitting a Notice of Termination (NOT), permittees must clearly demonstrate to the Pueblo of Sandia Environment Department though a site visit or documentation that requirements for site stabilization have been met and any temporary erosion control structures have been removed. A short letter stating the stabilization requirements have been met will be sent to the permittee to add to the permittees NOT submission to EPA. 33
CGP NMR120001-Pueblo of Sandia Conditions f. Copies of all NOT submitted to the EPA must also be sent concurrently to the Pueblo of Sandia at the following address: Regular U.S. Delivery Mail: Pueblo of Sandia Environment Department Attention: Water Quality Manager 481 Sandia Loop Bernalillo, New Mexico 87004 34
Construction Projects on the Pueblo of Sandia The Pueblo of Sandia Environment Department reviews all construction projects that occur on the Pueblo and those that are off tribal land that may influence the tribal waters. Notice of Intent (NOI), Storm Water Pollution Prevention Plans (SWPPs), Notice of Termination (NOT) are reviewed, and commented on. The Pueblo of Sandia issues a Letter to Proceed with mitigating conditions before the project is initiated and a Letter to Terminate before ending. General construction sites are inspected to minimize disturbance and comply with Phase II Storm Water Regulations and the Pueblo s WQS.
Processes and Tools that Work for the Pueblo of Sandia Clean Water Act (CWA) 303 Water Quality Standards. Clean Water Act (CWA) 404 Dredge and Fill Permit including a Wetland Delineation Studies issued by the U.S. Army Corps of Engineers. Clean Water Act (CWA) 401 Water Quality Certification issued by the Pueblo of Sandia. Clean Water Act (CWA) 402 National Pollutant Discharge Elimination System (NPDES) Permits.
Processes and Tools that Work for the Pueblo of Sandia Clean Water Act (CWA) 402 National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) issued by the U.S. EPA and the Pueblo of Sandia. Inspector Credentials (CWA). Tribal Resolutions - 2007-156 Illegal Dumping, 2008-129 Wellhead Protection, 2009-118 Natural Resource Protection, etc. Other- United States Fish & Wildlife Services (USFWS) Endangered Species Act (ESA) and National Environmental Policy Act (NEPA).
Inspector Credentials Guidance document for issuing federal credentials to tribal inspectors released by USEPA on September 30, 2004. Different federal statutes (Clean Water Act [CWA], Clean Air Act [CAA], Safe Drinking Water Act [SDWA], etc.) have different language in regard to USEPA delegating authority to a tribal inspector. 38
Statutory Language on Inspection Authority - CWA 33 U.S.C. 1318(a) Whenever required to carry out the objective of this chapter, including but not limited to: (4) carrying out sections 1315,1321, 1342, 1344 (relating to State permit programs), 1345, and 1364 of this title (B) the administrator or his authorized representative (including an authorized contractor acting as a representative of the Administrator) upon presentation of his credentials. 39
The Benefits of Federal Credentials for Tribal Inspectors Allows tribal inspectors to perform inspections on USEPA s behalf. Tribal inspectors may help support USEPA enforcement actions. Tribal inspectors help USEPA provide coverage to remote areas and maintain an active presence amongst the regulated community. Tribal inspectors are invaluable in helping USEPA follow up on enforcement actions. 40
For Further Information Please Contact: Pueblo of Sandia Environment Department 481 Sandia Loop Bernalillo, NM 87004 (505) 867-4533 sbulgrin@sandiapueblo.nsn.us 41