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16 The survey population was established by downloading the list of airports with stormwater discharge permits from EPA's Permit Compliance System (PCS) database.
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17 grated with the SWPPP for the entire airport. The Texas MSGP recommends implementation of a shared SWPPP, but states that even if the airport authority and tenants share an SWPPP, tenants that meet applicability requirements must obtain coverage.
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18 Construction General Permits None of the CGPs contain specific requirements for air transportation facilities, with the exception of New York, which includes airports on the list of construction activities that require an SWPPP that includes postconstruction stormwater management practices. 3.1.4 Best Management Practices Industrial Stormwater General Permits The EPA and state MSGPs detail standard BMPs that must be implemented as part of an SWPPP, including, but not limited to, good housekeeping, minimizing exposure, preventative maintenance, spill prevention and response, and structural and nonstructural controls.
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19 storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant."53 The regulatory definition also includes descriptions of a number of categories of facilities that are considered to be engaging in "industrial activity," including air transportation facilities: which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance54 (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication)
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20 ants."60 Specifically, the Notice states: "Where an airport has multiple operators (airport authority and tenants) that have storm water discharges associated with industrial activity…, each operator is required to apply for coverage under an NPDES storm water permit."61 Thus, any tenant that engages in vehicle maintenance, equipment cleaning operations, or deicing operations, where such activities are likely to generate pollutants that could be or are discharged with stormwater, would be considered an operator.
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21 Such discharges must be covered by a separate NPDES permit.71 EPA's 2013 Draft MSGP is comparable in scope of coverage to the 2008 MSGP, but adds the following limitation: The proposed permit does not authorize discharges of collected airport deicing fluid directly to waters of the United States.72 EPA's 2008 MSGP73 requires air transportation sector permittees to comply with "sector-specific requirements associated with [their] primary industrial activity and any co-located industrial activities."74 "Co-located industrial activities" are "any industrial activities, excluding []
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22 action taken or to be taken (or basis for determination of no corrective action)
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23 - In all circumstances, permittee must immediately (same work day, if possible; otherwise on the following work day) take all reasonable steps necessary to minimize or prevent discharge of pollutants until permanent solution is installed and made operational.
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24 - Preventative maintenance records or logbooks. - Regular facility inspections.
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25 months during which deicing chemicals may be used. • Comprehensive annual inspections should be conducted during period of actual deicing operations, if possible; otherwise, during the season when deicing takes place and deicing materials and equipment are in place.89 Summarize Any Administrative or Judicial Decisions Interpreting EPA's Regulations or MSGP Industrial Stormwater Permits The legal research identified several cases addressing the applicability of EPA's stormwater discharge permitting requirements to various categories of industrial activity, although none that specifically addressed air transportation facilities.
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26 Identify Any Independent State Legal Authority for Regulating Stormwater Discharges Associated with Industrial Activity In California, the regulation of water quality, including the issuance of discharge permits, is governed by the Porter–Cologne Water Quality Control Act.98 One chapter of that state Act contains numerous provisions specifically intended to ensure that the California Water Board and the nine Regional Water Quality Control Boards (Regional Boards) throughout the state have the authority to implement the CWA.99 With respect to stormwater permitting, Water Code Section 13383.5(c)
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27 The 2015 CA GP defines "Dischargers" as "operators of facilities subject to stormwater permitting."105 Under the 2015 CA GP, dischargers may form optional Compliance Groups consisting of dischargers operating facilities with similar types of industrial activities, pollutant sources, and pollutant characteristics.106 • Each Compliance Group must have a Group Leader. The Group Leader: - Must register with Storm Water MultiApplication Reporting and Tracking System (SMARTS)
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28 lowing numerical effluent limitations for COD at the location where the effluent leaves the onsite treatment system utilized for meeting these requirements and before commingling with any nondeicing discharge: 1) daily maximum COD: 271 mg/L; and 2)
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29 Identify Any Required or Recommended BMPs The 2015 CA GP specifies the following required BMPs:115 • Good housekeeping (observations, coverage, containment, prevention, etc.)
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30 Identify Any Independent State Legal Authority for Regulating Stormwater Discharges Associated with Industrial Activity New York's general state law governing water quality control is the New York Environmental Conservation Law (NY ECL) , Article 17 (Water Pollution Control)
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31 Dry weather discharges of deicing and antiicing chemicals are not authorized.131 Monitoring Benchmarks or Effluent Limitations at Air Transportation Facilities and Any Associated Corrective Action Requirements The NY MSGP does not specify numeric effluent limits for air transportation facilities.132 Benchmark Monitoring Requirements are applicable to airports that use more than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tons or more of urea on an average annual basis:133 • BOD5 -- 30 mg/L.
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32 - Indoor storage of aircraft and ground vehicles. - Use of drip pans for the collection of fluid leaks.
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33 The ALJ's report notes that stormwater containing anti-icing and deicing materials is discharged from JFK into Jamaica Bay, which is part of the federally protected Gateway National Recreation Area and designated as a wildlife refuge. A Port Authority representative discussed the BMPs and other steps taken to reduce impacts of deicing on Jamaica Bay, including: • Banning use of urea in 2000.
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34 • Applicable receiving water quality standards requirements. • Requirements of standards of performance for new sources.
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35 Identify Any Provisions Distinguishing Between the Obligations of a Facility Owner and Operator The research found no provision in the Washington Water Pollution Control Law that distinguishes between the obligations of a facility owner and operator. The WA ISGP defines "discharger" as "an owner or operator of any facility or activity subject to regulation under Chapter 90.48 [of Revised Codes of Washington]
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36 - The 2012 WA ISGP modifications included: 1) changing the phrase "vehicle maintenance shops" to "vehicle maintenance activity," and 2)
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37 - Summarize the Level 2 Corrective Actions planned or taken in the annual report. - Level 2 deadline: The permittee shall fully implement the revised SWPPP as soon as possible, but no later than August 31 of the following year.
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38 enclosed tank volume or 110 percent of the volume contained in the largest tank, whichever is greater. - Prevent precipitation from accumulating in containment areas with a roof or equivalent structure, or include a plan on how the permittee will manage and dispose of accumulated water if a containment area cover is not practical.
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39 summary judgment addressing many of the issues raised by the parties, while requiring other issues to proceed to hearing.165 Following is a summary of PCHB's resolution of four issues that appear to be most relevant to the scope of work of this project for ACRP. • Whether Ecology's post-permit issuance of an errata sheet eliminating permit coverage requirements for transportation facilities that have material handling facilities was invalid.166 • PCHB found the errata sheet change made the terms of the permit consistent with the applicable definition for transportation facilities in 40 C.F.R.
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40 Identify Any Independent State Legal Authority for Regulating Stormwater Discharges Associated with Industrial Activity IEPA issues state NPDES permits pursuant to the Illinois Environmental Protection Act.174 The Illinois NPDES regulations are contained in the Illinois Administrative Code.175 The regulations authorize IEPA to ensure compliance with federal standards, unless more stringent limitations are applicable.176 The regulations also set forth water quality standards for waters of the state.177 Identify Any Provisions Distinguishing Between the Obligations of a Facility Owner and Operator The research found no provisions distinguishing between the obligations of a facility owner and operator in Illinois statutes or regulations, or in the Ill.
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41 Identify Any Required or Recommended BMPs The Illinois industrial stormwater general permit defines BMPs as "schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State…includ[ing] treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage."183 The only BMP specified in the Illinois industrial stormwater general permit for air transportation facilities is that if storage piles of salt are used for deicing, such piles must be enclosed or covered to prevent exposure to precipitation, unless there are no stormwater discharges from the pile.184 The Illinois industrial stormwater general permit requires BMPs to be taken into account in preparing an SWPPP for a facility.
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42 of the Texas Administrative Code. The regulations provide a 5-year term for general permits, and further provide that if a general permit is not renewed, the discharger must apply for an individual permit.187 TCEQ has adopted the effluent guidelines and standards in EPA's regulations at 40 C.F.R., unless such federal guidelines and standards are less stringent than those established by the Texas Water Code or the TCEQ regulations.188 TCEQ has also adopted the 40 C.F.R.
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43 ter; and 9) incidental windblown mist from cooling towers.
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44 • Benchmark monitoring is required only for permittees conducting deicing activities that have used more than 100 tons of urea, or more than 100,000 gallons of ethylene glycol, in any calendar year in the 3 years prior to submittal of a notice of intent for general permit. Applicable volumes of deicing materials refer to the combined activities and usage at the airport as a whole, not independently to each carrier or operator.
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45 • Use drip pans and absorbents under or around leaky vehicles and equipment or store indoors where feasible. • Use spill/overflow protection equipment.
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46 - Deicing of aircraft and runways. - Record of types and monthly quantities of deicing chemicals used by permittee.
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47 • Please identify the permittee under the state's general permit governing stormwater discharges associated with industrial activity with respect to stormwater discharges at or from the airport. That is, identify the entity that applied for the permit (or completed the notice of intent)
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48 does not have a fee structure in place for imposing fines on tenants for violations. NYSDEC requires the Port Authority to apply as the permittee for construction projects at JFK.
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49 Individual airport tenants are responsible for implementing the BMPs developed for the airport. A few airport tenants have developed their own SWPPP and have obtained coverage under their own NPDES permit.
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50 organize information on the BMPs currently being implemented at airports. The survey was intended to elicit specific feedback on NPDES permit compliance and strategies used to enforce tenant compliance at large- and medium-sized airports.
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51 • The tenants are not co-permittees, but the airport authority identifies them in an annual management plan that is then submitted to the environmental authority. Nevertheless, only 25 percent of the respondents indicated that the permit includes co-permittees (Figure 9)
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52 more frequently used are visual inspections and sample collection and lab analysis, with approximately 92 and 84 percent of the respondents respectively, selecting these. The other options were almost negligible, with the exception of one respondent indicating the permit requires no effluent monitoring at all.
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53 Along with these mechanisms -- BMPs and enforcement -- airport authorities have also implemented a variety of other initiatives to promote tenant compliance with stormwater permit requirements or SWPPP. Approximately 92 percent of the respondents use training, while almost 67 percent use awareness programs.
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