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58 ATTACHMENT Table 1: Survey Respondent Information.............................................................59 Table 2: Matrix Summary of Federal and State Stormwater Permit Provisions ..................................................................................................60 Table 3: Matrix Summary of Telephone Interviews with Airport Personnel .....63 Table 4: Survey Response Rate.............................................................................65 Table 5: Type of Operations that have Potential to Impact Stormwater............65 Figures 1 through 31 Based on Survey Responses ..............................................66 Acronyms ...............................................................................................................78
59 Table 1. ACRP Project 11-01 Survey Respondent Information Airport State Permit Type Co-Permittee Status 1. Dallas Love Field TX TPDES MSGP Yes 2. Phoenix Sky Harbor International AZ AZPDES MSGP Yes 3. Los Angeles International CA CA MSGP Yes 4. Austin-Bergstrom International TX TPDES MSGP No 5. Charlotte/Douglas International NC NC MSGP No 6. Bradley International CT CT MSGP No 7. Jacksonville International FL FL MSGP No 8. Manchester Boston NH EPA MSGP No 9. Kahului Airport HI HI MSGP No 10. Boston Logan International MA Individual NPDES Yes 11. Anchorage International AK Individual NPDES Yes 12. Portland International OR Individual NPDES Yes 13. Minneapolis-St. Paul MN Individual NPDES/SDS Yes 14. Washington Dulles International DC Individual VPDES Yes 15. Pittsburgh International PA Individual NPDES No 16. Laguardia International NY Individual SPDES No 17. Denver International CO Individual CDPS No 18. Lambert-St. Louis International MO Individual NPDES No 19. Port Columbus International OH Individual NPDES No 20. Gerald Ford International MI Individual NPDES No
Table 2. ACRP Project 11-01 Matrix Summary of Federal and State Stormwater Permit Provisions 60 Jurisdictional Authority Owner vs. Tenant Obligations Scope of Permit Best Management Practices United States Environmental Protection Agency EPA Form 1 EPA CWA Operator completes permit application. Form does distinguish owner/operator relationship. NA NA EPA Form 2F EPA CWA Operator completes permit application. NA NA MSGP for Industrial Activity EPA CWA Permit conditions apply to operators of stormwater discharges associated with industrial activity. The NOI only requires operator information; does not distinguish owner information. Airport tenant's SWPPPs must be coordinated with and integrated with the SWPPP for the entire airport. Authorizes stormwater discharges from those portions of the air transportation facility that are involved in vehicle/aircraft/equipment fueling, maintenance, cleaning and storage; or deicing operation. Monitoring of BOD, COD, ammonia, and pH with benchmark concentrations1 for each pollutant is required at airports using greater than 100,000 gallons of glycol and/or 100 tons of urea annually. Certain airports are required to meet numerical effluent limits for ammonia (as nitrogen) and COD. Inspections must be conducted once per month during deicing season; annual inspection to be conducted during period of actual deicing. Specific BMPs for air transportation facilities detailed in Part 8.S.3 Additional Technology- Based Effluent Limits. Industrial Stormwater Fact Sheet, Sector S EPA CWA The operator and the tenants of the airport must apply for coverage for discharges from their areas of operation. Airport management and tenants of the airport are encouraged to apply as co-permittees and work in partnership in implementation of SWPPP. NA Specific BMPs detailed in Table 2 of the fact sheet. Construction General Permit EPA Operator of construction project must obtain coverage. No specific requirements for air transportation facilities. Certain BMPs are mandated; no specific requirements for air transportation facilities. California California NPDES General Permit for Industrial Activities California State Water Resources Control Board pursuant to the CWA and the state Porter-Cologne Water Quality Control Act The operator of the facility is required to obtain coverage. NOI does not distinguish between owner and operator. Permit language related to assumptions that the owner is typically the operator. The facility operator is responsible for all permit related activities at the facility. SWPPP certification must be by individual with overall responsibilities for day to day operations of facility or overall responsibility for environmental matters. Authorizes discharges from those portions of the facility involved in vehicle maintenance (including fueling, cleaning, repairing etc.) or other industrial operations defined in the General Permit. All facilities are required to collect and analyze samples for pH, total suspended solids, total organic carbon, specific conductance, toxic chemicals; Numeric action levels established for various parameters including pH, COD, and ammonia (as nitrogen). Certain airports are required to meet numerical effluent limits for ammonia (as nitrogen) and COD. No benchmark concentrations or effluent limits. No additional specific SWPPP or inspection requirements for air transportation facilities. Standard BMPs2 are suggested; none specific to air transportation facilities. California NPDES General Permit for Construction Activities California State Water Resources Control Board pursuant to the CWA and the state Porter- Cologne Water Quality Control Act Compliance with a construction permit is the responsibility of the Legally Responsible Person (LRP), who is typically the property owner. NOI does distinguish between property owner and contractor/developer. No specific requirements for air transportation facilities. Standard BMPs2 are suggested; none specific to air transportation facilities. Notes: 1. Pollutant benchmark concentrations are not effluent limitations. Exceedance of a benchmark is not a permit violation but an indication of inadequate source control and/or of the overall effectiveness of BMPs. An exceedance of a benchmark concentration indicates that BMPs for that pollutant should be reviewed to determine if modifications are necessary or additional BMPs are required. Follow-up monitoring is typically required to evaluate effectiveness of modifications. 2. Standard BMPs typically include: non-structural BMPs: good housekeeping, preventative maintenance, spill response, employee training, waste handling, recordkeeping, erosion control, material handling and storage, inspections; structural BMPs: overhead cover, retention ponds, control devices, secondary containment, treatment.
Table 2. ACRP Project 11-01 Matrix Summary of Federal and State Stormwater Permit Provisions 61 Jurisdictional Authority Owner vs. Tenant Obligations Scope of Permit Best Management Practices New York NYSDEC SPDES MSGP for Stormwater Discharges Associated with Industrial Activity NYSDEC SPDES pursuant to the CWA When a facility or activity is owned by one person but is operated by another person, it is the operatorâs duty to obtain a permit. NOI requests "owner/operator" information and does not distinguish entities. Airport tenant's SWPPPs must be coordinated with and integrated with the SWPPP for the entire airport. Tenants and (fixed-base operators) FBOs must provide monthly records of deicers used to airport authority for incorporation into airport SWPPP. Authorizes stormwater discharges from those portions of the air transportation facility that are involved in vehicle/aircraft/equipment fueling, maintenance, cleaning or deicing operations. Permit does not cover aircraft, ground vehicle, runway and equipment washwaters, and dry weather discharges of deicing/anti-icing chemicals. Monitoring of BOD, COD, nitrogen and pH with benchmark concentrations1 for each pollutant is required at airports using greater than 100,000 gallons of glycol and/or 100 tons of urea annually. Inspections must be conducted once per month during deicing season; annual inspection to be conducted during period of actual deicing. Certain standard BMPs2 are mandated. Specific BMPs for air transportation facilities detailed in Part VIII Sector S. NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity NYSDEC SPDES pursuant to the CWA and NY Environmental Conservation Law Owner or operator is defined as, âthe person, persons or legal entity which owns or leases the property on which the construction activity is occurring; and/or an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications." NOI requests "owner/operator" information does not distinguish entities. Airports are on the list of construction activities that require an SWPP that includes post-construction stormwater management practices. SWPPP requirements reference practices designed in conformance with the most current version of the technical standard, New York State Stormwater Management Design Manual. Washington WDE Industrial Stormwater General Permit State of Washington Department of Ecology pursuant to the CWA and The State of Washington Water Pollution Control Law The operator of the facility is required to obtain coverage. Permit language references permittee as "owner or operator." NOI requests "permittee" information. SWPPP certification must be by individual with overall responsibilities for day to day operations of facility and overall responsibility for environmental matters. Authorizes stormwater discharges from those portions of the air transportation facility that are involved in vehicle/aircraft/equipment fueling, maintenance, cleaning or deicing operations. All facilities are required to collect and analyze samples for turbidity, pH, copper, and zinc with benchmark concentrations1 for each pollutant, and visual assessment of oil sheen. For airports using more than 100,000 gallons of glycol and/or 100 tons of urea annually, quarterly monitoring is required for BOD, COD, ammonia, and nitrate/nitrite with benchmarks for each pollutant. No additional specific SWPPP or inspection requirements for air transportation facilities. Standard BMPs2 are suggested; none specific to air transportation facilities. WDE Construction Stormwater General Permit State of Washington Department of Ecology pursuant to the CWA and The State of Washington Water Pollution Control Law Operator of construction project must obtain coverage. NOI does differentiate between "operator/permittee" and owner. No specific requirements for air transportation facilities. No BMPs are mandated, no specific requirements for air transportation facilities. Notes: 1. Pollutant benchmark concentrations are not effluent limitations. Exceedance of a benchmark is not a permit violation but an indication of inadequate source control and/or of the overall effectiveness of BMPs. An exceedance of a benchmark concentration indicates that BMPs for that pollutant should be reviewed to determine if modifications are necessary or additional BMPs are required. Follow-up monitoring is typically required to evaluate effectiveness of modifications. 2. Standard BMPs typically include: non-structural BMPs: good housekeeping, preventative maintenance, spill response, employee training, waste handling, recordkeeping, erosion control, material handling and storage, inspections; structural BMPs: overhead cover, retention ponds, control devices, secondary containment, treatment.
Table 2. ACRP Project 11-01 Matrix Summary of Federal and State Stormwater Permit Provisions 62 Jurisdictional Authority Owner vs. Tenant Obligations Scope of Permit Best Management Practices Illinois IEPA NPDES General Permit for Storm Water Discharges from Industrial Activities Illinois Environmental Protection Agency pursuant to the CWA and the Illinois Environmental Protection Act No distinctions are made between owner vs. tenant. Permittee is defined as owner or operator throughout permit. NOI requests "owner/operator information." EPA Forms 1 and 2F also required for airports with over 50,000 flight operations per year: storm water discharges from aircraft or airport deicing areas. Authorizes stormwater discharges from those portions of the air transportation facility that are involved in vehicle/aircraft/equipment fueling, maintenance, cleaning or deicing operations. Application required from airports with over 50,000 flight operations per year: storm water discharges from aircraft or airport deicing areas to conduct analyses per EPA form 2F part a. for Oil and Grease, BOD5, COD, TSS, Total Nitrogen, Total Phosphorus and pH. No benchmark monitoring or specific SWPPP inspection requirements for air transportation facilities. Standard BMPs2 are suggested; none specific to air transportation facilities. IEPA NPDES General Permit for Storm Water Discharges from Construction Site Activities Illinois Environmental Protection Agency pursuant to the CWA and the Illinois Environmental Protection Act NOI must be submitted by owner. NOI requests owner and contractor information. All contractors and subcontractors identified in the SWPPP must sign a copy of the following certification statement before conducting any professional service at the site identified in the SWPPP: "I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit (ILR10) that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification." No specific requirements for air transportation facilities. Standard BMPs2 are suggested; none specific to air transportation facilities. Texas TCEQ Fact Sheet and Executive Director's Preliminary Decision, TPDES MSGP Texas Commission on Environmental Quality pursuant to the CWA and Chapter 26 of the Texas Water Code NOI must be submitted by operator. NOI does not distinguish regulated entity. Each tenant that meets applicability requirements must obtain coverage. Airport authorities and airport tenants are encouraged to work in partnership to develop and implement a shared SWPPP. Even with a shared SWPPP, each entity at an airport that meets the applicability requirements of this permit is required to obtain permit coverage. If the airport authority, tenants, and other FBOs share an SWPPP, the tenants and FBOs that conduct deicing operations must provide monthly deicing records to the airport authority. Authorizes stormwater discharges from those portions of the air transportation facility that are involved in vehicle/aircraft/equipment fueling, maintenance, cleaning or deicing operations. Monitoring is required for airports using greater than 100,000 gallons of ethylene glycol and/or 100 tons of urea annually for COD, ammonia-nitrogen and pH with benchmark concentrations1 for each pollutant. SWPPP must include a record of the types and monthly quantities of deicing chemicals that the permittee uses and the monthly quantities. Permit includes numerical effluent limits for certain metals applicable to all industry sectors. Conduct inspections at least once per week during deicing or antiicing activities. Conduct the annual site inspection during periods of actual deicing operations. Standard BMPs2 are suggested. Specific BMPs for air transportation facilities detailed in Part V, Sector S of the permit. Facilities that conduct deicing must evaluate operating procedures on an annual basis to consider practices that reduce the amount of chemical used or otherwise lessen environmental impact. TCEQ TPDES GP for Storm Water Discharges from Construction Site Activities Texas Commission on Environmental Quality pursuant to the CWA and Chapter 26 of the Texas Water Code Operator of construction project must obtain coverage. No specific requirements for air transportation facilities. Standard BMPs2 are suggested; none specific to air transportation facilities. Notes: 1. Pollutant benchmark concentrations are not effluent limitations. Exceedance of a benchmark is not a permit violation but an indication of inadequate source control and/or of the overall effectiveness of BMPs. An exceedance of a benchmark concentration indicates that BMPs for that pollutant should be reviewed to determine if modifications are necessary or additional BMPs are required. Follow-up monitoring is typically required to evaluate effectiveness of modifications. 2. Standard BMPs typically include: non-structural BMPs: good housekeeping, preventative maintenance, spill response, employee training, waste handling, recordkeeping, erosion control, material handling and storage, inspections; structural BMPs: overhead cover, retention ponds, control devices, secondary containment, treatment.
Table 3. ACRP Project 11-01 Matrix Summary of Telephone Interviews with Airport Personnel 63 JFK Sea-Tac O'Hare DFW Permittee Port Authority of NY and NJ (PANYNJ). PANYNJ requested co-permittee status, NYSDEC prefers to keep authority as single permittee. Port of Seattle. City of Chicago, Department of Aviation (CDA). Dallas/Fort Worth International Airport for the Individual Permit, which authorizes discharge from specific outfalls. The airport and tenants are also covered under the MSGP for the remainder of the airport and tenant facilities. Co-Permittees None. None. None. None. SWPPP Preparation and Implementation Consultant prepares and implements SWPPP. PANYNJ interacts with tenants and conducts meetings and trainings on requirements of permit. Consultant prepared original SWPPP, but the airport updates it in-house. Consultants conduct the sampling. Airport prepares and submits the DMRs. BMPs are updated by the airport with consultant support when performance requirements dictate. Consultant prepares the SWPPP and the BMPs. The sampling is conducted by the airport. CDA prepares and submits DMRs. CDA also provides annual deicing information to the Illinois EPA. The deicing information is submitted with the quarterly compliance status report. DFW is responsible for ensuring Individual Permit compliance and prepares reports, certifications, and updates to SWPPP to satisfy the permit requirements. Quarterly inspections and visual monitoring are also conducted in-house to ensure good housekeeping is in place and BMPs are working effectively. Tenant SWPPP Responsibilities Each tenant is responsible for developing and implementing SWPPP, which PANYNJ reviews. Airport tenants are responsible for implementing components of the SWPPP. Using industry standards, SEA provides âWater Pollution Prevention Plans (WPPPS)â guidance manuals (which are considered to be âmini-SWPPPsâ) to the tenants. These WPPPs are geared toward operational, source control requirements and housekeeping. Individual airport tenants are responsible for implementing the BMPs developed by the airport. A few airport tenants have developed their own SWPPP and have obtained coverage under their own NPDES permit. Tenants maintain their own TPDES MSGPs and implement their own SWPPPs or may utilize the DFW Airport SWPPP as a shared SWPPP participant if they choose to do so. Tenant Compliance Mechanisms Entities that conduct deicing activities must obtain permit from PANYNJ. Permits have conditions for meeting applicable law and regulations. Tenant lease agreements outlines rules for operation at the airport and require compliance with applicable laws and regulations. PANYNJ issues internal breach of rules violation to tenants for noncompliance. No fee structure in place. The airport manages the risk associated with stormwater through terms and conditions with tenants and contracts for construction projects. In leases, there is the condition that the airport can conduct an inspection at any time. General language in contracts and leases are also used that indicate tenants must abide by the airport rules and regulations. They use Corrective Action Reports to address violations and coordinate activities through the Lease Manager. The CDA is required to facilitate independent inspections and monitoring procedures at least once per year of airport tenants. DFW Airport conducts annual Comprehensive Site Compliance Evaluations to ensure upkeep with TPDES permit requirements. There are lease provisions pertaining to environmental rules and regulations. Additionally, the Chapter 6A Storm Water Rules and Regulations were just added to the DFW Airport Board of Rules and Regulations.
Table 3. ACRP Project 11-01 Matrix Summary of Telephone Interviews with Airport Personnel 64 JFK Sea-Tac O'Hare DFW Notice of Violations None. Yes, exceedances occur in generally two types: 1) Construction related turbidity and 2) pH variations at the outfalls. Other source-specific releases also occur occasionally. Tenants are not typically named by the regulator. The Port is named and passes down corrective action costs and possibly fines to the tenant or contractor responsible for a specific problem. However, there is one example of an agency going directly to a construction contractor for repeated violations and lack of response to airport corrective actions. None. No Construction General Permits State requested that PANYNJ file the applications for CGPs. Authority and contractors file jointly. Contract prepares application and PANYNJ files NOI. The airportâs permit consists of three parts: 1) Industrial activities, 2) Other activities and 3) construction activities. The discharge requirements (constituents and limitations) for each of these parts are different. CDA files for coverage as the permittee under the CGP. The operator of construction projects is responsible for obtaining coverage for stormwater discharges under the CGP. DFW approves construction SWPPPs and conducts inspections at tenant sites. DFW sometimes imposes additional stormwater management requirement on discharges from construction sites. For example, the operator may be required to meet specific limits for pH as detailed in the Individual Permit that differ from those included in the CGP. MS4 regulation of Stormwater None. Stormwater discharges are totally separate. The airport is a co-permittee (or secondary permittee) on a Phase 2 permit. The Phase 2 permit area is the community bordering the airport, with some possible overlap. In addition, the airport occasionally has projects (e.g., ConRAC and off-site parking) that are negotiated with the regulators to be outside of the industrial activity of the airport. In these cases, a separate permit is issued. If the city issues the building permit for these projects, then they can be involved in the SW permit. None. DFW Airport is considered a Phase II Municipal Separate Storm Sewer System (MS4) and maintains a Storm Water Management Plan. Additionally, DFW Airport maintains an SWPPP as a permittee under the MSGP.
65 Table 4. Survey Response Rate Airport Size Surveys Sent Number of Responses Percentage Large Hubs with Co-Permittee Status 5 3 60% Large Hubs without Co-Permittee Status 5 3 60% Medium Hubs with Co-Permittee Status 3 2 67% Medium Hubs without Co-Permittee Status 7 5 71% Total 20 13 65% Table 5. Type of Operations that have Potential to Impact Stormwater Q4. Which of the following operations do your tenants conduct that have the potential to impact stormwater? (select all that apply) Options Frequency Percent Vehicle/Equipment Fueling 13 100.00% Aircraft Fueling 13 100.00% Vehicle/Equipment Maintenance 13 100.00% Aircraft Maintenance 13 100.00% Vehicle/Equipment Washing 13 100.00% Aircraft Deicing 13 100.00% Cargo Loading/Unloading 13 100.00% Construction 13 100.00% Solid Waste Handling/Storage 13 100.00% Landscaping 12 92.31% Pesticide/Herbicide Applications 12 92.31% Lavatory Waste Handling 12 92.31% Chemical Handling/Storage 12 92.31% Painting/Striping 11 84.62% Fire Fighter Training 10 76.92% Aircraft Washing 9 69.23% Pavement Deicing 9 69.23% Snow Removal 9 69.23% Rubber Removal 9 69.23% Other (please specify) 2 15.38%
66 FIGURES BASED ON SURVEY RESPONSES Fig. 1. Number of Tenants with Potential to Impact Stormwater. Fig. 2. Types of Tenants with Potential to Impact Stormwater.
67 Fig. 3. Number of Stormwater Permits by Airport. Fig. 4. Types of Stormwater Permits. Fig. 5. Airside and Landside Distinctions in Stormwater Permits.
68 Fig. 6. Permitting Authority. Fig. 7. Permittee. Fig. 8. Co-permittee Recognition by Permitting Authority. Fig. 9. Co-permittee Inclusion Under Permit.
69 Fig. 10. SWPPP Implementation. Fig. 11. SWPPP Preparation/Update Responsibility.
70 Fig. 13. Additional Stormwater-Related Pollution Prevention Plans. Fig. 12. SWPPP Components.
71 Fig. 15. Effluent Monitoring Requirements. Fig. 14. Record Keeping Requirements. Fig. 16. Regulatory Thresholds.
72 Fig. 17. Effluent Monitoring Frequency Requirements. Fig. 18. Threshold Exceedances Reporting Requirements. Fig. 19. Corrective Action Requirements. Fig. 20. Responsibility for Monitoring.
73 Fig. 21. Nonstructural BMPs Used. Fig. 22. Structural BMPs Used.
74 Fig. 24. Other Initiatives Undertaken to Promote Tenant Compliance Fig. 23. Types of Enforcement Mechanisms for Tenant Compliance.
75 Fig. 26. Authority Responsible for Enforcing Permit Compliance. Fig. 25. Comparison of the Effectiveness of BMPs, Enforcement Mechanisms, and Other Initiatives to Achieve and Promote Tenant Compliance with Stormwater Permits and SWPPP.
76 Fig. 27. Notices of Alleged Violation of Stormwater Permit Requirement. Fig. 28. Party Receiving the Alleged Notice of Violation.
77 Fig. 29. Alleged Violations Resolution. Fig. 30. Responsible Party for Implementing Corrective Action. Fig. 31. Parties Involved in Alleged Violation via Administrative Order or Litigation.
78 ACRONYMS ACRP Airport Cooperative Research Program ALJ Administrative Law Judge BAT Best Available Technology BCT Best Conventional Technology BOD Biochemical Oxygen Demand BMP Best Management Practice BPT Best Practicable Control Technology Currently Available CA GP California Water Board General Permit CDA City of Chicago Department of Aviation CGP Construction General Permit COD Chemical Oxygen Demand CPSWQ Certified Professional in Storm Water Quality CWA Clean Water Act DFW Dallas/Fort Worth International Airport DMR Discharge Monitoring Report EAD Environmental Affairs Department ELGs Effluent Limitation Guidelines ECOLOGY Washington Department of Ecology EPA United States Environmental Protection Agency ERA Exceedance Response Action FBO Fixed Base Operator ICP Integrated Contingency Plan IEPA Illinois Environmental Protection Agency JFK John F. Kennedy International Airport LRP Legally Responsible Person MRO Maintenance Repair and Overhaul MSDS Material Safety Data Sheet MSGP Multi-Sector General Permit N Nitrogen NALs Numeric Action Levels NOI Notice of Intent NONA Notice of Non-Applicability NPDES National Pollutant Discharge Elimination System NY ECL New York Environmental Conservation Law NYSDEC New York State Department of Environmental Conservation NY MSGP New York Multi-Sector General Permit OâHARE Chicago OâHare International Airport PANYNJ Port Authority of New York and New Jersey PCHB Pollution Control Hearings Board PCS Permit Compliance System PPC Preparedness, Prevention, and Control QISP Qualified Industrial Storm Water Practitioner QSE Qualifying Storm Event REGIONAL BOARDS Regional Water Quality Control Boards SEA-TAC SeattleâTacoma International Airport SFO San Francisco International Airport SMARTS Storm Water Multi-Application Reporting and Tracking System SPDES State Pollution Discharge Elimination System SPECP Spill Prevention and Emergency Cleanup Plan SPR Spill Response Plan SWATF Storm Water Advisory Task Force SWPPP Stormwater Pollution Prevention Plan
