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Page 83
Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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Suggested Citation:"Chapter 8 - Water Resources." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook of Practices for Improving Environmental Performance at Small Airports. Washington, DC: The National Academies Press. doi: 10.17226/22897.
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83 CHAPTER 8 Water Resources Airport operations routinely interact with water resources from the treatment and distribution of drinking water to the discharge of storm water into surrounding rivers, streams or lakes. Subsequently, airports are subject to various water-related rules and regulations. The federal requirements applicable to water include the following: • Safe Drinking Water Act of 1974, as Amended (SDWA) • Clean Water Act, as Amended (CWA) • Rivers and Harbors Act of 1899, as Amended • Executive Order 11990, Protection of Wetlands • U.S.DOT Order 5660.1A Preservation of the Nation's Wetlands (1978) The topics presented in Chapter 8 include: • Federal Drinking Water Supply • Storm Water Discharges Associated with Industrial Activities • Storm Water Discharges Associated with Construction Activities • Storm Water Discharges Associated with Municipal Separate Storm Sewer Systems • Industrial Wastewater Pretreatment • Surface Waters and Wetlands 8.1 Drinking Water Safe Drinking Water Act of 1974, as Amended The SDWA was established to protect public health through regulation of drinking water supplies. The SDWA has since been amended to protect the sources of drinking water, such as rivers, lakes, reservoirs, and ground water. The EPA implements the program in some states and specialized areas. A major aspect of the SDWA is the establishment of National Primary Drinking Water Regulations (NPDWR) for public water systems. Other major sections of the SDWA that are not discussed in this Guidebook include underground injection control (UIC) and sole source aquifer programs. The EPA has listed drinking water contaminants, including chlorine, metals, bacteria, and organics that have been determined to affect public health. Studies Associated Activities • Building operation/ maintenance Federal rules and regulations for water resources in the United States date back to 1899 and were primarily developed in relation to commerce and agricul- tural development. As the population in the United States grew throughout the mid-twentieth century, regulation of water resources also increased. Amend- ments and further promulgation of rules and regulations by federal and state agencies have continued into the twenty-first century in an effort to protect the nation’s water resources.

84 Guidebook of Practices for Improving Environmental Performance at Small Airports carried out by the EPA have identified contaminant concentrations at which there are no known health risks, called maximum contaminant level goals (MCLGs). As a result, the EPA established primary drinking water standards to protect human health based on these goals. Each contaminant has a designated concentration level for drinking water, called a maximum contaminant level (MCL). Drinking water contaminants must not exceed the established MCL and may require treatment to ensure MCLs are met. Secondary maximum contaminant levels (SMCLs) have also been established for drinking water, but are not based on health risks. The SMCLs are based on aesthetic drinking water issues, such as color, smell, and taste. These standards are not enforced by the EPA, but are recommended to be implemented by drinking water suppliers. Small Airport Applicability Airports that are considered non-community water systems must periodically test drinking water to ensure water quality requirements are met. Testing parameters depend on drinking water source and treatment technologies (i.e., disinfection). Reports of the analytical data may be required to be sent to the EPA or state resource agencies responsible for ensuring drinking water quality requirements are adequately obtained. Air carriers typically board aircraft drinking water using designated watering points. The Food and Drug Administration (FDA) is responsible for regulating watering points. Once water is onboard aircraft, the EPA is responsible for regulating the distribution of water for consumption. Air carriers have recently been designated as transient, non-community drinking water systems and specific regulations have been developed for ensuring adequate drinking water quality from aircraft under the Aircraft Drinking Water Rule (40 Code of Federal Regulations (CFR) 141.800). Air carriers supplying drinking water are subject to sampling, maintenance, reporting and recordkeeping requirements, and may be subject to audits or inspections to ensure drinking water boarding operations are adequate. Helpful Hint Protect onsite drinking water supplies by minimizing chemical or fuel storage areas near water wells. For more information, refer to Water Conservation-11 Practice in Appendix A-18. Some airports may operate their own drinking water treatment and distribution systems. If airport drinking water is not provided by a local municipality, an on-site supply system would be considered either a transient non-community water system or non-transient non-community water system. Suppliers of drinking water must conduct specific water treatment methods (e.g., filtration, disinfection), monitoring, and laboratory analytical tests. Depending on the type of supplier and state or local requirements, it may be necessary to make information about drinking water readily available to the public. Drinking water sources are protected through surveys and assessments, distribution operator training, educational outreach programs, and other prevention practices. Additionally, information is available for the control of cross-connections (connections between potable and non-potable water supply) to minimize potential contamination of public drinking water.

Water Resources 85 Compliance Attainment Strategies • Properly store hoses that transfer water to an aircraft during non-use. • Perform regular maintenance or cleaning for water cabinets, carts, or trucks. • Understand the type of public water system at the airport. • Perform required monitoring or analytical tests to demonstrate compliance with water quality requirements. Key Terms • Maximum Contaminant Level (MCL)—The maximum permissible level of a contaminant in water which is delivered to any user of a public water system. • Non-transient Non-community Drinking Water System—A public water system that regularly supplies water to at least 25 of the same people at least six months per year, but not year-round (e.g., schools, factories, office buildings). • Public Water System—A system for providing piped water for human consumption through a minimum of 15 service connections or regularly servicing at least 25 individuals. • Secondary Maximum Contaminant Level (SMCL)—The maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a public water system. • Transient Non-community Drinking Water System—A public water system that provides water in areas where people do not remain for long periods of time (e.g., campgrounds). • Watering Points—Facilities where water is transferred from a water supply to an aircraft, including water cabinets, carts, trucks, and hoses. Additional Resources • 40 CFR 141-149 • Basic Information about SDWA http://www.epa.gov/safewater/sdwa/basicinformation.html • Understanding SDWA http://www.epa.gov/safewater/sdwa/pdfs/fs_30ann_sdwa_web.pdf • Aircraft drinking water rules www.epa.gov/safewater/airlinewater/regs.html 8.2 Storm Water Discharges Associated with Industrial Activities Clean Water Act, as Amended The CWA regulates the discharges of pollutants into waters of the U.S. and establishes water quality standards for these waters, as well. Initial efforts to regulate water pollution were enacted in the Federal Water Pollution Control Act of 1948 (FWPCA).The FWPCA was significantly amended in 1961, 1966, 1970, and 1972. With the 1977 amendments, the FWPCA became more commonly known as the CWA.

86 Guidebook of Practices for Improving Environmental Performance at Small Airports The CWA established the National Pollutant Discharge Elimination System (NPDES), which regulates direct discharges of pollutants into waters of the U.S. through effluent limitations. An example of a direct discharge, or “point source” discharge, into waters of the U.S. is a publicly owned treatment works (POTW). Pollutants that are discharged into waters of the U.S. may also come from indirect sources, which are regulated through the National Pretreatment Program (see Section 8.5 for more information pertaining to indirect discharges). Amendments to the CWA by the Water Quality Act of 1987 included regulation of storm water under the NPDES program. The amendments were intended to prevent the direct discharge of harmful pollutants into a facility’s storm water drainage system and to prevent storm water runoff from transporting pollutants into nearby surface waters. Storm water point sources are categorized as industrial/commercial, construction-related (see Section 8.3), and municipal (see Section 8.4), and typically include a definable storm water discharge outfall. To maintain the quality of waters of the U.S., EPA issues NPDES permits to facilities that discharge storm water in association with industrial activities, as do states delegated authority to implement the NPDES program. General NPDES permits cover many facilities that have similar operations, whereas individual NPDES permits are activity- or site-specific. Typically, obtaining coverage under an individual NPDES permit requires a calculation for the level of pollutant(s) that may be discharged to surface waters. The calculated pollutant levels must not exceed established water quality standards, described as a total maximum daily load (TMDL), which are criteria that water bodies must meet based upon their designated use (e.g., waters for recreational use, shellfish harvesting, etc.). Elements of the NPDES industrial storm water permit program typically include requirements to do the following: • Prepare a Storm Water Pollution Prevention Plan (SWPPP) for Industrial Activities • Conduct inspections • Train employees • Sample storm water discharges • Implement best management practices (BMPs) • Clean up spills Industrial storm water permits are generally issued for a period of 5 years and may include effluent limitation guidelines (ELGs) for pollutants, monitoring requirements, and/or special conditions to meet water quality standards. Applications for a storm water permit typically require submittal of a Notice of Intent (NOI). Associated Activities • Aircraft deicing/anti- icing • Aircraft operation • Aircraft lavatory service • Building operation/ maintenance • Bulk fuel and oil storage/handling • Cargo handling • Chemical storage/ handling • Degreasing • Fire fighting training/ testing/flushing • Ground service equipment operation • Grounds maintenance/ landscaping • Motor vehicle operation • On-airport power generation • Painting • Pavement deicing • Refueling • Runway rubber removal • Spill Response • Vehicle/equipment/ aircraft maintenance • Washing • Waste generation/ disposal

Water Resources 87 Small Airport Applicability EPA specifically identified the following industrial activities occurring at air transportation facilities as requiring an NPDES permit: • Servicing, repairing, or maintaining aircraft and ground support equipment (GSE) • Equipment cleaning and maintenance, which includes vehicle and equipment repairs, painting, fueling, and lubrication • Deicing/anti-icing operations As a result, most small airports are required to obtain coverage for their storm water discharges through a general or individual industrial NPDES permit, even if it is the airport tenants that conduct the above-listed activities. On August 28, 2009, EPA proposed ELG and New Source Performance Standards for airport deicing operations. The proposed rule contains two primary elements including a standard for the percent of aircraft deicing fluid (ADF) that must be collected, and treatment requirements for the collected effluent. The proposed rule applies to airports that conduct aircraft deicing and have 1,000 or more annual jet departures and 10,000 or more total annual departures. Airports that meet these criteria would be required to collect ADF runoff and treat it. The proposed rule also incorporates water quality criteria for ammonia and associated urea-based airport pavement deicing operations. The proposed rule has the potential to significantly affect deicing operations at large airports, but may impact small airport operations, as well. Compliance Attainment Strategies • Submit a permit renewal to the appropriate permitting agency before the permit expires. • Ensure sampling is conducted as specified in the permit. • Develop a SWPPP that addresses specific permit requirements and identifies storm water best management practices to reduce potential storm water pollutants. • Implement a storm water pollution prevention team that includes representatives from airport tenants conducting regulated industrial activities. • Train airport and tenant staff on storm water pollution prevention measures. • Routinely inspect airport operations, including during rain events, to determine if storm water pollutants are visible. • Update SWPPP when changes to the airport are made that could affect storm water quality. Key Terms • Best Management Practices (BMPs)—Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, and other administrative practices to prevent or reduce the pollution of waters of the U.S. • Effluent Limitation—Any restriction on quantities, discharge rates, and concentrations of pollutants discharged from point sources into waters of the U.S. Helpful Hint Provide tenants with sump fuel collection containers so that sump fuel is not discarded on the ramp. Sump fuel on the ramp can runoff with storm water. For more information, refer to Industrial SW-2 Practice in Appendix A-20. Helpful Hint For more information on developing an airport- wide storm water pollution prevention program, see the case study presented in Appendix B-4.

88 Guidebook of Practices for Improving Environmental Performance at Small Airports • Effluent Limitation Guideline (ELG)—Technology-based regulations to control industrial discharges directly to surface waters and those discharging to POTWs. ELGs are intended to work in conjunction with water quality standards, to protect surface waters. • Industrial Activities—EPA defines industrial activities as activities, such as material handling and storage, which are often exposed to the weather and take place at facilities included in one of 29 industrial sectors. The sectors group similar facilities by the nature of industrial activity, type of materials handled, and material management practices employed. Most sectors are based on a facility’s Standard Industrial Classification (SIC) code. • National Pollutant Discharge Elimination System (NPDES)—EPA’s program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under the CWA. • Point Source—Any discernible, confined, and discrete conveyance of storm water. • Publicly Owned Treatment Works (POTW)—A treatment works, as defined by §212 of the CWA, which is owned by a state or municipality. A POTW includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature; and it may include sewers, pipes, and other conveyances only if they convey wastewater to the POTW. • Storm Water Pollution Prevention Plan (SWPPP) for Industrial Activities—A site-specific plan to minimize impacts to storm water quality from industrial sites/activities. Plans typically include storm water control measures, maintenance and inspection procedures, identification of non- storm water discharges, and employee training. • Total Maximum Daily Load (TMDL)—The sum of the individual waste load allocations for point sources and load allocations for nonpoint sources and natural background applicable to a body of water (e.g., a river). • Water Quality Standards—EPA or state-established standards for pollutants applicable to waters of the U.S. • Waters of the U.S.—Broadly defined by 40 CFR 230.3(s) as: − All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; − All interstate waters including interstate wetlands; − i. Which are or could be used by interstate or foreign travelers for recreational or other purposes; ii. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or iii. Which are used or could be used for industrial purposes by industries in interstate commerce. − All impoundments of waters otherwise defined as waters of the U.S. under this definition; Did You Know Polluted storm water runoff is a leading cause of impairment to the nearly 40% of surveyed U.S. water bodies which do not meet water quality standards. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:

Water Resources 89 − Tributaries of waters identified in paragraphs (s)(1) through (4) of this section; and − The territorial sea. Additional Resources • 40 CFR 122-125 • Airport Deicing Effluent Guidelines http://www.epa.gov/guide/airport/ • Storm Water Basic Information http://cfpub.epa.gov/npdes/stormwater/swbasicinfo.cfm • Storm Water Discharges from Industrial Facilities http://cfpub.epa.gov/npdes/stormwater/indust.cfm • Industrial Stormwater Fact Sheet Series—Sector S: Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing Areas Located at Air Transportation Facilities http://www.epa.gov/npdes/pubs/sector_s_airtransmaint.pdf • Industrial Storm Water Permit Guide http://www.pneac.org/stormwater/ 8.3 Storm Water Discharges Associated with Construction Activities Clean Water Act, as Amended As described in Section 8.2, amendments to the CWA by the Water Quality Act of 1987 regulate storm water discharges including discharges from construction sites. However, because of the significant differences between industrial and construction sites, construction storm water discharges are permitted separately under the NPDES program. State agencies and EPA implement the construction NPDES program. Examples of pollutants that may affect storm water quality from construction sites include sediment, oil, grease, and chemicals. Initially, NPDES regulations required permits for construction sites equal to or greater than five acres of land, commonly referred to as the Phase I permitting program. Substantial amendments to the regulations in 2003 included permitting construction storm water for sites disturbing greater than one acre to five acres of land, referred to as the Phase II permitting program. Also, construction activities part of a larger common plan for development may be required to obtain a permit if the plan will ultimately disturb five acres or more. On December 1, 2009, EPA published ELGs to further control construction storm water discharges. The regulation became effective in February 2010 and aims to reduce the amount of sediment and other pollutants typically discharged from construction sites. The regulation also requires construction sites to implement a range of erosion and sediment control BMPs. Sites that disturb more than 20 acres of land at one time must also comply with a turbidity limitation (effective August 2011). The turbidity limitation will be extended to construction sites that disturb more than 10 acres, after February 2, 2014. Associated Activities • Bulk fuel and oil storage/handling • Chemical storage/handling • Demolition/ construction/ development • Painting

90 Guidebook of Practices for Improving Environmental Performance at Small Airports Elements of the NPDES construction permit program typically include requirements for implementation of water quality control measures, such as: • Sediment and erosion controls • BMPs • Inspections • Employee training • A SWPPP for Construction Activities Construction storm water permits are generally issued for the period of construction. Applications for a construction storm water permit may include submittal of a NOI prior to the beginning of construction to the authorizing agency. Small Airport Applicability Depending on the acreage of a construction project, small airports may be required to obtain coverage under the NPDES construction storm water program. Prior to commencement of construction activities, such as clearing, grading and excavation, airports must obtain a permit and meet the conditions specified in the permit (e.g., SWPPP preparation, training, etc.). Construction must also be carried out in accordance with FAA AC 150/5370-10, “Standards for Specifying Construction of Airports,” which includes construction BMPs and minimization measures. Also, airports should coordinate with the U.S. Department of Agriculture (USDA) and the permit issuing authority to ensure that permit BMP requirements do not conflict with FAA AC 150/5200-33B, “Hazardous Wildlife Attractants on or Near Airports.” Compliance Attainment Strategies • Obtain a construction NPDES permit prior to construction activities. • Develop a SWPPP for construction activities that addresses specific permit requirements and identifies storm water BMPs that will meet the ELG. • Ensure BMPs are implemented during construction to help prevent water quality impacts. • Conduct applicable inspections and training and prepare required plans as required by permit conditions. Key Terms • Construction Activity—An activity involving the alteration, replacement, or addition to existing processes or production equipment; placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment. • Storm Water Pollution Prevention Plan (SWPPP) for Construction Activities—A site-specific plan to prevent or minimize impacts to storm water quality from construction sites/activities. Plans typically include storm water control measures, erosion and sediment control measures, maintenance Helpful Hint Incorporate temporary and permanent soil stabilization techniques during construction to help reduce pollutant runoff from the airport. For more information, refer to Construction SW-1 Practice in Appendix A-19.

Water Resources 91 and inspection procedures, identification of non-storm water discharges, and employee training. Additional Resources • 40 CFR 122-124 • Storm Water Discharges from Construction Activities http://cfpub.epa.gov/npdes/stormwater/const.cfm • EPA Construction General Permit http://cfpub.epa.gov/npdes/stormwater/cgp.cfm • FAA AC 150/5200-33B, “Hazardous Wildlife Attractants on or Near Airports” http://www.faa.gov/documentLibrary/media/advisory_circular/150-5200- 33B/150_5200_33b.pdf • FAA AC 150/5370-10, “Standards for Specifying Construction of Airports” http://www.faa.gov/airports/engineering/construction_standards/ • Florida Department of Transportation Best Management Practices Manual, Technical Report and Application Assessment. http://www.dot.state.fl.us/Aviation/stormwater.shtm 8.4 Storm Water Discharges Associated with Municipal Separate Storm Sewer Systems Clean Water Act, as Amended Municipalities may be required to obtain coverage for storm water discharges under the CWA’s NPDES permit program. Regulation under the program is required for Municipal Separate Storm Sewer Systems (MS4s), which include storm water conveyance systems that are: • Owned by a state, city, town, village, or other public entity that discharges to waters of the U.S. • Designed or used to collect or convey storm water (including storm drains, pipes, ditches, etc.) • Not a combined sewer • Not part of a POTW MS4s are designated as small, medium, or large based on the density and size of the population being served by the system. In 1990, medium and large MS4s were required to obtain permit coverage for their storm water discharges. In 1999, coverage under the MS4 program extended to small MS4s. MS4s are responsible for reducing discharges of pollutants from the MS4 to the maximum extent practicable through implementation of a storm water management program. The storm water management program must incorporate the following minimum control measures: • Public Education • Public Involvement • Illicit discharge Detection and Elimination

92 Guidebook of Practices for Improving Environmental Performance at Small Airports • Construction Storm Water Management • Post-construction Storm Water Management • Pollution Prevention/Good Housekeeping Training is an important component of a storm water management program to ensure responsible parties are aware of requirements and program elements. Typically, there is a timeframe of five years from the time an MS4 permit is issued and the requirement for full implementation of the storm water management program. An MS4 may impose conditions or practices to minimize pollutants entering the MS4 system. Small Airport Applicability Areas at airports not covered under an industrial storm water NPDES permit, may be covered under an MS4 permit. Examples of these areas include parking lots, publically accessible areas (e.g., stores, restaurants, or gas stations), or roadways. Since MS4s may impose conditions or practices to minimize pollutants entering the MS4 system, airport areas may be affected and require implementation of measures to ensure the conditions of the MS4 program are met. Compliance Attainment Strategies • Identify if areas at the airport are covered under an MS4 permit. • Implement pollution prevention/good housekeeping practices. Key Terms • Illicit Discharge—A discharge to a storm sewer that is not composed entirely of storm water except discharges pursuant to an NPDES permit and discharges resulting from fire fighting activities. • Medium and Large Municipal Separate Storm Sewer Systems (MS4)— Municipal Separate Storm Sewer Systems that generally serve populations of 100,000 people or greater. • Small Municipal Separate Storm Sewer Systems (MS4)—Municipal Separate Storm Sewer Systems that generally serve populations of less than 10,000 people. • Storm Water Management Program—A program developed by an MS4 to comply with the requirements of their NPDES permit. Programs include government coordination, comprehensive planning, funding and staffing, public education and participation, and BMP selection. Additional Resources • 40 CFR 122-124 • Storm Water Discharges from Municipal Separate Storm Sewer Systems (MS4s) http://cfpub.epa.gov/npdes/stormwater/munic.cfm Associated Activities • Aircraft deicing/anti- icing • Aircraft operation • Aircraft lavatory service • Building operation/ maintenance • Bulk fuel and oil storage/handling • Cargo handling • Chemical storage/ handling • Degreasing • Demolition/ construction/ development • Fire fighting training/ testing/flushing • Ground service equipment operation • Grounds maintenance/ landscaping • Motor vehicle operation • On-airport power generation • Painting • Pavement deicing • Refueling • Runway rubber removal • Spill response • Vehicle/equipment/ aircraft maintenance • Washing • Waste generation/ disposal

Water Resources 93 8.5 Industrial Wastewater Pretreatment Clean Water Act, as Amended POTWs collect and treat wastewater from homes, commercial buildings, and industrial facilities and directly discharge treated effluent into nearby rivers or streams. Pollutants that are directly discharged into waters of the U.S. from indirect sources, such as wastewater or process water discharges from industrial (non-domestic) users, are regulated through the National Pretreatment Program. The CWA established the General Pretreatment Regulations that require POTWs to issue pretreatment permits to industrial wastewater dischargers to control pollutants that may enter the treatment works. Typical discharges, such as sanitary wastes, are excluded from the industrial discharges. The pretreatment permitting is necessary to protect the operation of the treatment works and ensure the system is capable of meeting its own discharge permit limits. Most municipalities issue local ordinances that identify the requirements for obtaining a pretreatment permit. Permit conditions are generally based on EPA or state regulations and usually require periodic monitoring and laboratory analysis of the industrial wastewater discharges. The data must be reported, and a certification of compliance with the permit requirements or an explanation of non-compliance is required. In addition to specific pretreatment permit conditions, general permit conditions require that pollutants are not discharged into the system that can cause pass through or interference with the POTW. Prohibitions exist for pollutants that can create a fire, cause corrosive structural damage, obstruct flow, or any petroleum oil in amounts that will cause interference or pass through. Municipalities may also require industrial wastewater dischargers to develop and maintain a slug control plan. A slug control plan requires the permittee to evaluate the potential for discharging wastewater from accidental releases or other upset conditions in their pretreatment system at the site. Small Airport Applicability Airport discharges into a POTW may be regulated as an industrial wastewater discharge that requires a pretreatment permit. Examples of discharges from airports that may be conveyed to the POTW include those from aircraft deicing, refueling, floor drains near maintenance areas, oil/water separators, or wash bays. Because municipalities primarily authorize pretreatment permits, the discharge parameters and conditions vary. However most permits incorporate the periodic monitoring and data reporting requirements. Compliance Attainment Strategies • Identify if an industrial wastewater pretreatment permit is needed for the airport and understand the permit requirements. • If a slug control plan is required as a result of refueling operations, request that the Pretreatment Program authority consider accepting an SPCC plan as an alternative, if available. Associated Activities • Aircraft deicing/anti- icing • Aircraft lavatory service • Bulk fuel and oil storage/handling • Chemical storage/handling • Degreasing • Pavement deicing • Spill response • Vehicle/equipment/ aircraft maintenance • Washing Helpful Hint Recycle collected spent deicer fluid for reuse. Discharge any remaining fluid to the POTW. For more information, refer to Deicer-8 Practice in Appendix A-17.

94 Guidebook of Practices for Improving Environmental Performance at Small Airports • Report pollutants that if accidently discharged into the system could cause interference with the POTW. • Ensure staff is aware of the types and amounts of pollutants that could cause an interference with the POTW. • Confirm wash rack/stations and floor drains in maintenance facilities are connected to an oil/water separator prior to discharge to a POTW, and confirm the oil/water separator is maintained (i.e., grit trap emptied and sludge pumped out) and properly functioning. Key Terms • Interference—A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the statutory provisions and regulations or permits issued there under. • Pass Through—A discharge which exits the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement duration of a violation). • Slug Control Plan—A written plan required by industrial wastewater pretreatment permits that describe the procedures and controls that a discharger will use to prevent an accidental discharge to a POTW. Additional Resources • 40 CFR 400-471 • Introduction to the National Pretreatment Program http://www.epa.gov/npdes/pubs/final99.pdf 8.6 Surface Waters and Wetlands Rivers and Harbors Act of 1899, as Amended Section 10 of the Rivers and Harbors Act of 1899, as amended established a permit program for activities in traditional navigable waters of the U.S. Examples of these waters include rivers and streams discharging into larger rivers. The U.S. Army Corps of Engineers (USACE) is responsible for enforcing the provisions of Section 10. If work in traditional navigable waters of the U.S. or structures affect these waters, a Section 10 permit must be issued by the USACE before activities commence. Section 10 also prohibits building any obstacle (i.e., jetty, breakwater, wharf pier, boom, bulkhead, etc.) that adversely affects navigation in navigable waters. Section 10 permits are regulated under 33 CFR 322. Issuance of a Section 10 permit may be as a general or individual permit. General Section 10 permits Associated Activities • Demolition/ construction/ development • Grounds maintenance/ landscaping • Property acquisition of the POTW’s NPDES permit (including an increase in the magnitude or

Water Resources 95 cover many similar types of activities in navigable waters, whereas individual Section 10 permits are project-specific or exceed general permit conditions. Small Airport Applicability Small streams located on airport property may be considered a traditional navigable water of the U.S. Although it may not appear as if these waters are “navigable,” if they are tidal or otherwise designated as a navigable water by the USACE, they are covered under Section 10 of the Rivers and Harbors Act of 1899, as amended. Section 10 jurisdiction extends up to mean high water in tidal areas and the width of the waterway where designated as a navigable water. Wetlands and waterways above mean high tide and adjacent to tidal waters, including hydraulically connected streams and wetlands are also regulated by the USACE, but under Section 404 of the CWA, discussed in the following paragraph. Compliance Attainment Strategies • Identify if navigable waters are located on airport property. • Allocate adequate funds and allow for enough time to obtain a Section 10 permit. • Do not underestimate the time that is needed to obtain a Section 10 permit. • Collect all information (i.e., historical, threatened or endangered species) needed for a Section 10 permit application. Key Terms • Structures—Dams, dikes, bridges, and causeways or other obstacles (i.e., jetty, breakwater, wharf pier, boom, bulkhead, etc.). • Traditional Navigable Waters of the U.S.—Defined by 33 CFR 329.4 as those waters that are subject to the ebb and flow of the tide and/or are used, have been used in the past, or may be susceptible to use to transport interstate or foreign commerce. • Wetlands—Under the USACE jurisdiction, wetlands are defined as areas that surface or groundwater inundate or saturate at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas. Did You Know According to the U.S. EPA, one acre of wetlands can store 1 to 1.5 million gallons of floodwater. Before construction, development activities, or other activities that affect the physical properties of these areas commence, the airport must confirm if the waters are federally regulated. In cases where the waters are federally regulated, the airport may be required to obtain a Section 10 permit. The need for a permit is based on the type of activity and length of impact. Many activities may be eligible for authorization under a General Permit or Nationwide Permit without prior notification to the USACE. However, additional notifications may be required to the state Coastal Zone Management Program, State Historic Preservation Officer, Tribal Historic Preservation Officers, U.S. Fish and Wildlife Service, and National Marine Fisheries Service. Questions regarding Section 10 authorization of the project should be discussed with the USACE and state agencies to ensure unauthorized impacts do not occur.

96 Guidebook of Practices for Improving Environmental Performance at Small Airports • Work in Navigable Waters of the U.S.—Dredging or disposal of dredged material, excavation, filling, or other modification of a navigable water of the U.S. Additional Resources • Section 10, 33 U.S.C. 403 http://www.epa.gov/wetlands/regs/sect10.html Clean Water Act, as Amended A new permitting program under Section 404 of the CWA was established in 1972 under EPA’s guidance for discharges of dredge or fill materials into waters of the U.S. As with Section 10 permitting, the USACE is responsible for administering Section 404 of the CWA, although the EPA has oversight authority. The term “waters of the U.S.” has caused much confusion and controversy since the beginning of the 404 permit program. For example, some waters may not technically be considered a water of the U.S., whereas others are. An important case was brought before the U.S. Supreme Court in Rapanos v. U.S., which addressed the USACE jurisdiction over these waters. The Supreme Court issued a decision in the Rapanos case in 2006, determining that the USACE regulates: • Traditional navigable waters • Wetlands adjacent to traditional navigable waters • Non-navigable tributaries of traditional navigable waters that are relatively permanent • Wetlands that directly abut non-navigable tributaries Before a Section 404 permit is obtained from the USACE, jurisdiction must be determined. The USACE decides if they have jurisdiction over wetlands and other waters based on a fact-specific analysis to determine if there is a significant “nexus,” or connection, with traditional navigable water. A jurisdictional determination may be requested from the USACE to confirm whether wetlands are subject to jurisdiction under Section 404. Section 404 permits are regulated under 33 CFR 320-330. Issuance of a Section 404 permit may be as a general (including Nationwide Permit) or individual permit. Section 404 general permits cover many similar types of activities in waters of the U.S., whereas individual Section 404 permits are project-specific or exceed general permit conditions. Helpful Hint Construct an engineered wetland that does not attract hazardous wildlife for temporary storm water storage or deicer treatment. Review of Section 404 permits is governed by Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material (404(b)(1) guide- lines) which stipulate how impacts to wetlands and waters are to be evaluated. A key component of the 404(b)(1) guidelines is the alternatives analysis that is needed to demonstrate that the project avoids, minimizes, and mitigates wetland impacts (in that order).

Water Resources 97 Small Airport Applicability Property owned by a small airport may contain wetlands that are under the jurisdiction of the USACE. Before construction, development activities, or other activities that affect the physical properties of these areas commence, the airport must confirm if the wetlands are federally regulated. In cases where wetlands are federally regulated (i.e., hydraulically connected to a navigable water), the airport may be required to obtain a Section 404 permit. The need for a permit is based on wetland acreage impacts. Impacts that are below regulatory thresholds may not need a permit. However, it is important that these assessments are discussed with the USACE and state resource agencies to ensure unauthorized impacts do not occur. Compliance Attainment Strategies • Identify if jurisdictional waters or wetlands are located on airport property. • Allocate adequate funds and allow for enough time to obtain a Section 404 permit. In addition to preparing the permit application, it is also important that the airport plans for adequate funds to implement the mitigation measures that are required by the permit. • Collect all information (i.e., historical, tribal, threatened or endangered species) needed for a Section 404 permit application. Key Terms • Non-navigable Tributaries of Traditional Navigable Waters that are Relatively Permanent—Those bodies of waters that flow into a traditional navigable water either directly or indirectly by means of other tributaries. Relatively permanent bodies are those which typically flow year-round or waters that have a continuous flow at least seasonally (e.g., typically three months) (126 S. Ct. at 2221 n. 5). • Wetlands Adjacent to Traditional Navigable Waters—Those wetlands which are bordering, contiguous, or neighboring traditional navigable waters. Adjacent wetlands include those separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, and beach dunes (see 33 CFR Section 328.3(c)). Additional Resources • 33 CFR 320 – 330 • Rapanos v. U.S. • Carbell v. USACE • General Wetland Information http://www.epa.gov/wetlands/ • Wetland Regulatory Authority http://www.epa.gov/owow/wetlands/pdf/reg_authority_pr.pdf • Section 404 (B)(1) Guidelines http://www.epa.gov/wetlands/pdf/40cfrPart230.pdf

98 Guidebook of Practices for Improving Environmental Performance at Small Airports Executive Order 11990, Protection of Wetlands Executive Order 11990, Protection of Wetlands, directs federal agencies to “avoid to the extent possible the long-term and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.” This statement generally suggests avoiding or minimizing impacts to wetlands to the greatest extent possible. In determining the feasibility for wetland protection, a federal agency should consider the following factors: • Public health, safety, and welfare including water supply, quality, recharge, and discharge; pollution and storm hazards; and sedimentation and erosion • Maintenance of natural systems including conservation and long term productivity of existing flora and fauna; species and habitat diversity and stability; hydrologic utility; fish and wildlife; timber; and food and fiber resources • Other uses of wetlands in the public interest including recreational, scientific, and cultural uses This Executive Order also requires that federal agencies provide the opportunity for public review of plans or proposals that have the potential to impact wetlands. These specific requirements could also be met under the National Environmental Policy Act (NEPA), if the project in question is under such an environmental review. This Order notes that the provisions of this act are not applicable to emergency activities essential to saving lives and protecting property, health and safety. Small Airport Applicability Federal agencies, such as FAA, may be involved in approving projects where wetlands are present or may be impacted. Additionally, because Section 404 and Section 10 permits are approved by the USACE, Executive Order 11990 applies. To meet the requirements, agencies must evaluate the project and options to avoid or minimize impacts. Typically airport planners are involved with reviewing and developing project alternatives. Airport planners should review the project goals and determine if the project can be relocated elsewhere to avoid physical impacts to surface waters or wetlands. If the project cannot be relocated, the airport must identify alternatives to minimize impacts. These alternatives should be reviewed with authorizing agencies to determine if they are adequate for addressing the avoidance criteria. Compliance Attainment Strategies • Identify if wetlands are located on airport property. • Prepare project alternatives that are sufficient to demonstrate avoidance of wetlands. Related Information See Chapter 6 for additional information pertaining to NEPA.

Water Resources 99 Key Terms • New Construction—Draining, dredging, channelizing, filling, diking, impounding, and related activities, including construction of any structures or facilities begun or authorized after the effective date of Executive Order 11990 Protection of Wetlands. Additional Resources • 42 FR 26961, 1977 • Protection of Wetlands http://www.epa.gov/owow/wetlands/regs/eo11990.html U.S. Department of Transportation Order 5660.1A Preservation of the Nation's Wetlands (1978) U.S.DOT developed and issued U.S.DOT Order 5660.1A, Preservation of the Nation's Wetlands, to provide additional guidance to DOT agencies on how to carry out Executive Order 11990, Protection of Wetlands (see above). In accordance with E.O. 11990, this Order stipulates that new construction in wetlands shall be avoided unless there is no practicable alternative to the construction and the proposed action includes all practicable measures to minimize harm to wetlands which may result from such construction. Small Airport Applicability This Order states that for any project which will have a significant impact on wetlands, an Environmental Impact Statement (EIS) must be prepared. As always, the airport sponsor should contact their FAA environmental specialist to assist in determining whether their project entails significant impacts to wetlands and whether an EIS is required. If FAA determines that an EIS is required, to meet the requirements of 40 CFR 1506.5(c), FAA (as the lead agency) remains responsible for selecting an EIS contractor, leading scoping, providing guidance, participating in EIS preparation, and completing the NEPA process. Alternatives that would avoid new construction in wetlands must be explored, while giving consideration to environmental and economic factors. The Order states that upon completion of the environmental analysis, the federal agency preparing the EIS must make a finding that (1) there is no practicable alternative to construction in the wetland, and (2) that all practicable measures to minimize harm have been included. The proposed finding should ordinarily be included in the final EIS or negative declaration for the proposal. State and local agencies may have other regulatory requirements. Consideration should be given to all requirements when wetlands may be impacted. Compliance Attainment Strategies • When a project may have impacts on wetlands, ensure early coordination with applicable agencies. • The airport should explore alternatives with fewer impacts to wetlands.

100 Guidebook of Practices for Improving Environmental Performance at Small Airports • The airport should ensure that all mitigation strategies are implemented and if applicable, maintained. Key Terms • See Definitions of Key Terms under Executive Order 11990, Protection of Wetlands (1977) Additional Resources • Preservation of the Nation’s Wetlands http://nepa.fhwa.dot.gov/ReNEPA/ReNepa.nsf/docs/6749292D98E3C0CD85 256FE400731ADF?opendocument&CurrentCategory=Natural%20Environm ent • FAA Guidance, “Airport Drainage Ditches and Section 404 Requirements” http://www.faa.gov/airports/environmental/policy_guidance/media/ section404.pdf • FAA Guidance, “A Wetland Banking Mitigation Strategy for FAA” http://www.faa.gov/airports/environmental/policy_guidance/media/wetland_ banking.pdf • FAA AC 150/5200-33B, “Hazardous Wildlife Attractants on or Near Airports.” http://www.faa.gov/documentLibrary/media/advisory_circular/150-5200- 33B/150_5200_33b.pdf • FAA Guidance, Airport Drainage Ditches and Section 404 Requirements, October, 1997: http://www.faa.gov/airports/environmental/policy_guidance/media/ section404.pdf • FAA Guidance, A Wetland Mitigation Strategy for FAA, July 1996: http://www.faa.gov/airports/environmental/policy_guidance/media/wetland_ banking.pdf • FAA AC 150/5200-33, Hazardous Wildlife Attractants on or Near Airports: http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/ 0/53bdbf1c5aa1083986256c690074ebab/$FILE/150-5200-33.pdf

Next: Chapter 9 - Other Opportunities for Proactive Environmental Stewardship »
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TRB’s Airport Cooperative Research Program (ACRP) Report 43: Guidebook of Practices for Improving Environmental Performance at Small Airports outlines federal environmental regulations and requirements, and identifies activities in which airport operators can be proactive in promoting environmental stewardship.

As a quick reference, summary graphics provide information pertaining to the cost and savings as well as the necessary knowledge and amount of time to implement a particular activity. In addition, there are five case studies that discuss environmental initiatives already undertaken at airports that can serve as a guide for other airports.

The report includes the collection of environmental stewardship practices in a searchable, filterable spreadsheet format on a CD-ROM, which is packaged with the report.

The CD-ROM included as part of ACRP Report 43 is also available for download from TRB’s website as an ISO image. Links to the ISO image and instructions for burning a CD-ROM from an ISO image are provided below.

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CD-ROM Disclaimer - This software is offered as is, without warranty or promise of support of any kind either expressed or implied. Under no circumstance will the National Academy of Sciences or the Transportation Research Board (collectively “TRB’) be liable for any loss or damage caused by the installation or operations of this product. TRB makes no representation or warrant of any kind, expressed or implied, in fact or in law, including without limitation, the warranty of merchantability or the warranty of fitness for a particular purpose, and shall not in any case be liable for any consequential or special damages.

Errata

1) ACRP Report 43 contained incorrect information in Figure 2. The corrected version of Figure 2 is available online in PDF format.

2) On page 18 of the print version of the report the first two lines of text were inadvertently omitted. The online version of the report has been corrected.

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