On April 19th the Missouri Department of Natural Resources (MDNR) sent a letter to a specific set of stormwater permitted facilities (MOR and MOG) informing them that they are no longer required to sample and monitor stormwater discharges at the frequency established in their National Pollutant Discharge and Elimination System (NPDES) permit. If your facility did not receive a letter from MDNR you are not impacted by the sampling requirement change. Below is a list of impacted permits that are no longer required to sample for stormwater effluent discharges as provided by MDNR:
This change comes as a result of the administration moving towards a more business-friendly landscape. According to Valerie Robinson with MDNR Southwest Regional Office (SWRO), it is important for MDNR to “not be an impediment to business.” The elimination of sampling requirements and the subsequent submission of Discharge Monitoring Reports (DMRs) are not a relief of the other requirements or overarching goals of the stormwater permit but are considered a removal of redundant and costly requirements within the permit. According to the letter issued by MDNR’s Operating Permit Section Chief, Chris Wieberg, “The basis for this determination is due to the fact that the permit requires adequate stormwater Best Management Practices (BMPs) to be in place and maintained at your facility to control the discharge of water contaminants associated with the industrial activity.” To view the full letter from Chris Wieberg regarding the changes in stormwater sampling requirements, please click here.
Although the sampling frequency has been eliminated for general permit holders, it is critical to remember that other requirements such as effluent limits, benchmarks, Stormwater Pollution Prevention Plan (SWPPP) training, Best Management Practices (BMP) maintenance as well as all other requirements associated with the permit will remain in place. In lieu of MDNR enforcement action based primarily on effluent limit and benchmark threshold exceedances, the focus will be redirected to record keeping such as inspection records, training records, and BMP maintenance records and site conditions such as housekeeping, outfall maintenance, and BMP selection and efficiency.
We are anticipating that we will see an increase in the number of site visits from MDNR and confirmation samples that will be collected from industrial facilities during those site visits. According to Valerie Robinson with MDNR SWRO, “A large part of our time will now be spent conducting field visits.” It is important to remember that through the issuance of the general stormwater permit, MDNR maintains the authority to “collect a sample of stormwater discharge during a site inspection.” Since laboratory analysis and confirmation of effluent discharges is no longer required, MDNR will be looking for signs that the BMPs utilized at a facility are working as designed, all pollutants of concern have been addressed, and that your facility has an active BMP in place for all potential pollutants.
Any evidence or findings from MDNR during an inspection suggesting that the facility’s stormwater management is ineffective or incomplete may potentially have a higher likelihood of initiating enforcement action, including Notices of Violation (NOV), fines, and reinstatement of sampling requirements. At their discretion, MDNR retains the right and authority under the general permits to require facilities to collect samples should the findings from an inspection indicate that it is warranted. If a facility is found, whether through confirmation sampling or inspection findings, to have violated their permit, the facility is subject to NOVs and enforcement action, including fines.
Below is a list of questions and answers to help you navigate the change:
Q: We have already collected a stormwater sample for the first or second quarter of 2017 but have not submitted the DMR yet; do we still need to submit a sample?
A: Yes and No. According to Chris Miller with the MDNR Southwest Regional Office (SWRO) Water Protection Program, the notice went in to effect immediately and the submission of Discharge Monitor Reports is not required. MDNR clarified that that this change applies to the impacted MOR permits however a DMR is still required to be submitted through eDMR for the MOG49, MOG50 and MOG84 permits.
Q: Does anyone else have authority to require our facility to sample under the effluent limits or benchmarks established through our NPDES permit?
A: No, not specifically over the requirements of your NPDES permit. The permit is issued by the State of Missouri under the regulatory authority extended by the USEPA to the State of Missouri. Only the State of Missouri and MDNR have jurisdictional authority over the state NPDES permits. Local authorities, including municipalities and counties, do have the authority to enact local ordinances that may include sampling and reporting. However, those local ordinances will have no impact on the implementation or requirements of the general stormwater permit issued by the MDNR.
Q: So what do we have to do now?
A: Everything in your permit remains the same as it was before except there is no requirement to collect samples or submit DMRs to MDNR unless your facility holds a MOG49, MOG50 or MOG48 permit, in those cases your facility is still required to submit DMR’s through eDMR. All other permits such as site-specific permits, process water, non-stormwater discharges, and sites requested by MDNR will still be required to collect and submit sampling data to the MDNR.
Q: Is it a good idea to keep sampling?
A: The benchmark and/or effluent limits in your permit are still in effect and you are required to satisfy those regardless of whether your facility chooses to sample or not. It is a good practice to retain sampling at a designated frequency to ensure your BMP effectiveness is maintained. MDNR will be conducting field inspections that will likely include verification sampling and detailed inspections of facilities’ BMPs. If those are found to be ineffective, the facility will be held accountable, and this will likely include the reinstatement of sampling, monitor report submissions, corrective actions to address BMP deficiencies, and an NOV. EWI recommends monitoring your facilities’ effluent on a routine basis to ensure your BMPs remain effective and as a point of record if it becomes an issue during an inspection. Monitoring is at the complete discretion of the facility, including constituents and frequency.
Q: We want to continue to sample to ensure that our BMPs are effective and we are in compliance with the permit. Our permit states, “The results of all samples from a discharge that are collected and analyzed must be submitted to the department.” Does this include samples that were taken at our discretion for internal monitoring purposes?
A: You are not required to submit those analytical results to MDNR; however, you are required to keep them with your SWPPP.
Q: How do we ensure that our facility remains in compliance?
A: Since DNR is not requiring sampling or the submission of sample data, we are anticipating that the emphasis will move to record keeping, housekeeping, and BMP maintenance. To ensure that you remain in compliance, you need to pay particular attention to the following items:
1. SWPPP. Ensure that it is up-to-date with current team members information facility contact information, that the facility map reflects actual site conditions, and that the measures described in your SWPPP are being implemented. Your SWPPP should contain current training records, monthly and annual inspection records, BMP maintenance records, and all laboratory data. Records are required to be retained for a minimum of three years and up to five years depending on your specific permit. It is important to remember that the procedures you have established in your SWPPP are followed. If it is in your SWPPP, it is the law!
2. Training. Ensure that all employees receive annual training if they are involved in material handling, material storage, and housekeeping of areas that have materials exposed to stormwater.
3. Inspections. Ensure all inspections are completed on the prescribed schedule (monthly, quarterly, and/or annually) that is identified in your permit.
4. BMP maintenance. Ensure that your BMPs are effective and in good working order. Failure to maintain BMPs will result in an NOV. This may include routine sampling at your discretion to ensure your BMPs remain effective, designing permanent BMPs to handle contaminants, or performing routine maintenance on more temporary BMPs.
Q: We have been told over the last several years that we must register our facilities for eDMR. Is that still the case?
A: Yes and No. If you have an MOG49, MOG50 or MOG84 your facility is still required to submit DMR reports through eDMR. If you have an MOR203, MOR22A, MOR22B, MOR22C, MOR23A, MOR23D, MOR60A or MOR80H you are no longer required to submit DMR reports through eDMR.
Q: Our SWPPP indicates we must sample. Do I need to change that?
A: Yes. Your SWPPP is required to reflect all current site conditions, including your permit requirements. You must modify your SWPPP to include your most current conditions.
Q: If my facility chooses to sample at our discretion, are we required to sample for everything listed in the permit?
A: No. Because the general permits were written to cover a wide swath of manufacturers within a given industry, not all of the parameters are necessarily applicable to your site. If you choose to sample at your discretion, you have the ability to select the pollutants of concern for your site. Although sampling will not be restricted, it is important to remember that the facility is still responsible for all identified constituents in the permit regardless of whether you have sampled for them specifically or not.
Q: I have a site-specific permit. Does this impact our facility?
A: No. If you have a site-specific permit, you are still required to sample at the permit’s established frequency and submit DMRs to MDNR through eDMR.
Q: How can EWI help navigate this change, and do you have any recommendations?
A: EWI’s consulting group includes stormwater experts that are working closely with MDNR as the new requirements are implemented. Included below is a list of our recommendations that will help your facility successfully navigate the change:
1. Update your SWPPP. EWI can review and update your SWPPP for you. Having EWI review and update your SWPPP will ensure that all current practices and procedures align with the permit requirements. Upon delivery of the updated SWPPP, EWI will review the new practices with facility personnel to ensure successful implementation.
2. Complete thorough site inspections on a monthly basis. The site inspections should include all BMPs, areas where materials are exposed to stormwater, outfalls, training records, and inspections records and make changes to facility procedures, infrastructure, or BMPs based on the findings of the inspection. EWI performs routine stormwater inspections for many of our clients currently. Having a 3rd party inspector helps ensure that there is not a bias in inspection findings and that record keeping is handled in accordance with regulatory requirements. Upon completion of inspections, EWI conducts an exit interview prior to leaving the site and will review the findings with the facility’s stormwater management team. After the findings have been reviewed, EWI will ensure that the inspection is properly filed in the facility’s record keeping and available during an MDNR inspection.
3. Complete training for all employees that are involved in material handling, material storage, and housekeeping of areas that have materials exposed to stormwater. Proof of training must be made available to the Department upon request. EWI provides quarterly stormwater training at our headquarter office in Springfield, Missouri. To register for stormwater training, click on the following link: https://www.environmentalworks.com/training/annual-stormwater-training/. If your facility has a large number of employees that require training, EWI can also facilitate on-site training. EWI will provide certificates of training to retain with the facility’s SWPPP.
4. Ensure that BMPs are adequate and properly maintained. If you need help selecting and designing the proper BMP or maintaining them in the field, EWI consulting and field services can help. We can design and install temporary and permanent BMPs and provide the industrial maintenance services to make sure they are functioning at their designed efficiency.
5. Although sampling is not a requirement anymore, meeting your benchmarks and permit effluent limits is still an enforceable component of the permit. EWI recommends periodic sampling at the facility’s discretion to ensure the effectiveness of your BMPs. It is hard to justify the effectiveness of a BMP without the qualitative analysis of the actual effluent. The laboratory data will remain in house and not be submitted to DNR. All laboratory results are required to be maintained with the facility’s SWPPP. EWI can continue to help monitor for specific target pollutants of concern and provide feedback based on those analytical results.
6. Ensure all record keeping is up to date. A primary focus of field inspections will revolve around your facility’s record keeping. It will be important to maintain and update your SWPPP, inspections, training records, BMP maintenance records, and all laboratory data. This can sometimes be an overwhelming and difficult task; however, if it is not maintained and your facility receives an inspection, an NOV will likely follow. By having EWI manage your stormwater program, we ensure that all record keeping is maintained as required in the permit. Additionally, we recommend the acquisition of an Environmental Management System to help manage the records and remind key personnel when upcoming tasks are due (inspections, BMP maintenance, training, etc.). EWI has a proprietary EMS called Virtual Task Manager that has been designed specifically for these tasks. You can take a tour and watch a tutorial video at this link: https://www.environmentalworks.com/virtual-task-manager/
This change comes as a surprise to many in the industry and EWI believes that it is a positive change and a welcomed reflection of a more business-friendly approach from the MDNR. As we discover more details of the shift in sampling requirements or receive any information about how to prepare for the change, we will pass that information along. If you have any questions please feel free to call me directly at (417) 890-9500 or email me at tbieker@environmentalworks.com, and EWI will be available to help your facility prepare for the permit change.
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