Posts Tagged ‘Maryland’

State Roll Out Of Solvent Wipe Exemption Rule – Update March 2017

Saturday, March 4th, 2017

In July 2013, US EPA published a final rule which exempted launderable (reusable) and some disposable wipes containing solvent (“Solvent-Contaminated Wipes” or SCW) from regulation as solid wastes and as hazardous waste. Solvent wipes are very common waste streams generated by a broad range of industrial, commercial, service and institutional sector facilities. This rule streamlined management of this waste stream and allowed these materials to be stored, transported* and cleaned/disposed of outside of the hazardous waste rules that would otherwise apply. This provides a benefit to both facilities that generate these wipes and companies that handle them.

* Although the rule exempts transporters from hazardous waste rules, Federal and State DOT HazMat rules still apply.

Click here for more information on the Federal Solvent Contaminated Wipe Rule.

Although the Federal rule became effective on January 31, 2014, in majority of States the Federal exemption does not apply until State Rules were revised to include this exemption. In many cases, States had operated for many years under policies or guidance which functionally excluded these wipes from regulation as hazardous waste until a Federal Rule was finalized. With the publication of the Federal Rule in 2013, States needed to update State rules to reflect this exemption, if they wanted to allow generators to take advantage of it. Because this rule change was less stringent than existing hazardous waste rules, States were not required to accept the Federal exemption and could require generators to handle these wipes as hazardous waste.

State Rule Update – March 2017

As of March 2017, 61% of State agencies have updated State rules to exempt solvent wipes, with most using Federal language or Federal language with very minor edits. One State (Rhode Island) implemented a rule that exempted reusable wipes only.
Untitled State Roll Out Of Solvent Wipe Exemption Rule - Update March 2017

States Where Policy or Guidance Applies

As of March 2017, almost 1/3 of States have not revised State rules to reflect the SCW exemption and are still operating under policies or guidance documents written 10 to 15 years ago.

  • Colorado
  • Connecticut
  • Delaware
  • Kentucky
  • Maryland
  • Massachusetts
  • New Mexico
  • New York
  • Oregon
  • South Dakota
  • Vermont
  • Washington
  • Wisconsin

In most cases, this policy or guidance is similar to the Federal Rule, but typically less specific and less stringent. Currently, many of these States are still planning to update State rules in the near future and are allowing generators to follow the Federal rule.

States Without Policy or Guidance

As of March 2017, three States have not revised State rules and had not established a policy in the past to exempt these wipes from hazardous waste rules:

  • Nevada
  • Maine
  • Hawaii
 Maine and Hawaii both anticipate having a rule revision in 2017.

States With State-Specific Rules

Two States, California and Minnesota, have rules (California) or policies (Minnesota) that are significantly different than the Federal Rule and do not plan to revise them. In California, the Reusable Soiled Textile Rule excludes all hazardous waste (not just solvent) on a wider range of textiles (not just wipes). In Minnesota, guidance exempts some wipes (“sorbents”) but wipes containing certain listed solvents (“toxic solvents”) remain hazardous waste and also must be included in the monthly calculation of the generator size.

Technical Support For Compliance With Maryland Oil Control Program (OCP)

Tuesday, August 23rd, 2016

The Oil Control Program (OCP) requires that certain facilities with aboveground storage tanks (ASTs) are in compliance with State and federal regulations.  Facilities storing oil in ASTs with aggregate capacities of 1,000 gallons of used oil or 10,000 gallons or more of virgin oil are required to have an oil operations permit (OOP) issued by the OCP.  All regulated ASTs are required to have secondary containment, such as dikes.  Other requirements for regulated ASTs can be found in COMAR 26.10.01.  Caltha is available to assist in preparing plans.  OOPs are also required for various types of transportation of oil into and within Maryland by truck.

Caltha LLP provides technical support to facilities in Maryland that are subject to AST rules and require an oil operations permit.

Preparation of SWPPP and Inspection Checklists Under Revised Maryland Industrial Permit 12-SW

Sunday, February 23rd, 2014

Caltha LLP Project Summary

Project: SWPPP & Inspection Checklists Under Revised Maryland Industrial Permit NO 12-SW
Client:
Watercraft Manufacturer
Location(s):
Maryland

Key Elements: Maryland SWPPP Template; Industrial permit compliance plan, Facility inspection and comprehensive site compliance evaluation checklist

Overview: Caltha LLP was retained by this boat manufacture sector facility to prepare the stormwater pollution prevention plan (SWPPP) and related compliance documentation as required under the revised Maryland Department of Environment (MDE) GENERAL PERMIT FOR DISCHARGES FROM STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES DISCHARGE PERMIT NO. 12-SW NPDES PERMIT NO. MDR0000. This permit became effective on January 1, 2014, which necessitated the facility to update its existing SWPPP and compliance programs to meet new requirements. Caltha prepared the facility SWPPP using our Maryland SWPPP Template which had recently been updated to align with the new requirements in General Permit No. 12-SW. Caltha also prepared site-specific checklists for the facility to use to conduct quarterly inspections, annual comprehensive site compliance evaluations, and to document the evaluation and elimination of any non-permitted discharges.

For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

Maryland SWPPP Template and Stormwater Permit Compliance Plan

Saturday, December 22nd, 2012

Update: The revised Maryland industrial permit became effective January 1, 2014. Caltha has updated our Maryland SWPPP Template and Compliance Plan to align with the new requirements of this permit. Caltha is currently working with numerous facilities across Maryland to update their permit compliance programs to comply with the permit conditions and effluent limitations included in this new permit.

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Maryland Department of the Environment (MDE) is issuing a draft General Permit Number 12-SW of stormwater discharges from industrial facilities. MDE has chosen to base the state’s permit on the EPA’s Multi-Sector General Permit (MSGP).

The draft permit will replace the General Permit Number 02-SW that was issued for a five-year term on December 1, 2002. The General Permit 02-SW expired on November 30, 2007 but was administratively continued for facilities that were covered under the permit at the time it expired. The final permit is expected to be issued in early 2013.

Read a summary of the key changes to the Maryland General Permit.

Caltha LLP maintains a library of SWPPP templates to meet general permit requirements for individual States, including Maryland.  Once the revised permit is finalized, Caltha will update the Maryland SWPPP template  and Compliance Plan for NPDES General Permit Number 12-SW to meet any new requirements and will use this to support our clients located in Maryland that are subject to this general permit.

For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

Draft Maryland General Stormwater Discharge Permit Summary

Saturday, December 22nd, 2012

Maryland Department of the Environment (MDE) is issuing a draft General Permit Number 12-SW for stormwater discharges from industrial facilities. MDE has chosen to base the state’s permit on the EPA’s Multi-Sector General Permit (MSGP).

The draft permit will replace the General Permit Number 02-SW that was issued for a five-year term on December 1, 2002. The General Permit 02-SW expired on November 30, 2007 but was administratively continued for facilities that were covered under the permit at the time it expired. In 2012, over 800 facilities held 02-SW permits in the state, and over 100 facilities were exempted as having industrial activity but verified none exposure.

MDE has made several important changes from the MSGP including:

Design Manual as Guidance in Restoration of Impervious Surfaces

The permit references specific Design Manual for Stormwater Management and additional implementation guidance. Permittees are required to implement the restoration of impervious surfaces on 20% of the untreated impervious surface at their facility, or equivalent actions.

Electronic Systems for Reporting Monitoring Data

Permittees required to perform the quarterly benchmark monitoring are required to submit Discharge Monitoring Reports (DMRs) to MDE electronically through NetDMR.

Water Quality-Based Effluent Limits

The draft permit contains new, specific WQBEL requirements applicable to impaired waters and antidegradation policies:

  • ·Discharges to Impaired Waters – The permit contains requirements for new and existing discharges to impaired waters with or without EPA approved or established TMDLs. New dischargers are only eligible for discharge authorization if they demonstrate  that there is either no exposure of stormwater to the pollutant for which the water is impaired, or the impairment pollutant is not present at the facility, or that the discharge is not expected to cause or contribute to a water quality standards exceedance. For existing discharges to impaired waters with State approved or established TMDLs, MDE will determine if more stringent requirements are necessary to ensure that the permittee is discharging consistent with the TMDL and applicable WLA.
  • ·Antidegradation Requirements – MDE has clarified its expectation of operators to meet antidegradation requirements as part of the permit authorization process as well as to comply with permit provisions after authorization to discharge is received. If an NOI indicates that an operator is seeking coverage for a new discharge to a Tier 2 water, MDE will determine if additional requirements are necessary to be consistent with the applicable antidegradation requirements, or if alternatively, an individual permit application is necessary. New dischargers are no longer eligible for coverage under this permit for discharges to waters designated as Tier 3 for antidegradation purposes.

Corrective Actions

Permit provisions specify the types of conditions at the site that trigger corrective action requirements, what must be done to eliminate such conditions or conduct further inquiries into their cause, and the deadlines for completing corrective action.  A summary of all corrective actions initiated and/or completed each year must be documented in the annual comprehensive site inspection report and kept with the SWPPP.

Benchmark Monitoring verses Volume Reduction

MDE chose to focus on reducing stormwater volume rather than on benchmark monitoring for specific pollutants. MDE evaluated the full list of benchmark monitoring requirements in the MSGP, and narrowed the selection down to three industries that have the highest potential for metals in their stormwater,

1) Subsector C1 – Agricultural Chemicals for (SIC 2873-2879), part of Sector C – Chemical and Allied Products Manufacturing, and Refining (Nitrate plus Nitrite Nitrogen at 0.68 mg/L, Total Lead at 0.014, Total Iron at 1.0 mg/L, Total Zinc at 0.04 mg/L and Phosphorus at 2.0 mg/L).

2) Sector M – Automobile Salvage Yards (Total Suspended Solids (TSS) at 100 mg/L, Total Aluminum at 0.75 mg/L, Total Iron at 1.0 mg/L, Total Lead at 0.014 mg/L).

3) Sector N – Scrap Recycling and Waste Recycling Facilities (Chemical Oxygen Demand (COD) at 120 mg/L, Total Suspended Solids (TSS) at 100 mg/L, Total Recoverable Aluminum at 0.75 mg/L, Total Recoverable Iron at 1.0 mg/L, Total Recoverable Lead at 0.014 mg/L, Total Zinc at 0.04 mg/L, Total Recoverable Copper at 0.0038 mg/L).

4) Sector AA – Fabricated Metal Products (Nitrate plus Nitrite Nitrogen at 0.68 mg/L, Total Zinc at 0.04 mg/L)

Benchmark monitoring must occur during the first 4 full quarters of permit coverage after the permittee is granted access to NetDMR.  If the average of the 4 quarters of monitoring values exceeds the benchmark, the permittee is required to either:

  1. perform corrective actions, and conduct an additional 4 quarters of monitoring until the average value is below the benchmark, or
  2. determine that no further pollutant reductions are technologically available and economically practicable and achievable in light of best industry practice to meet applicable effluent limits, and continue to monitor once-per-year.

Annual Report

Permittees are required to evaluate the stormwater runoff from their facility in an annual report that includes the findings from their annual comprehensive site inspection report and a report detailing any conditions triggering corrective action and the status of those actions taken in response.

Industry Sector-specific Requirements

The draft permit contains provisions that require industrial facilities in 26 different industrial sectors yo implement control measures and develop site-specific stormwater pollution prevention plans (SWPPP) to comply with NPDES requirements

Proposed Maryland General Permit – New Storm Water Discharges To Impaired Waters

Tuesday, October 23rd, 2012

The Maryland Department of the Environment is proposing to reissue the General Permit for Storm Water Discharges from Industrial Activities, General Permit No. 12-SW.  The Department will hold public hearings to receive oral testimony concerning the proposed permit on November 26 and 30, 2012  Written comments concerning the draft permit will also be accepted on or before  January 4, 2013.

One of the important aspects of the proposed permit is how it will address new stormwater discharges to impaired waters. Part I.C.6 of the permit requires any new discharger to demonstrate its ability to comply with 40 CFR 122.4(i) (prohibiting the issuance of permits to new dischargers that will cause or contribute to the violation of water quality standards) prior to coverage under the permit. To satisfy the requirements of 40 CFR 122.4(i), an operator must (a) eliminate all exposure to stormwater of the pollutant(s) for which the waterbody is impaired, and document no exposure and retain such documentation with the SWPPP; or (b) demonstrate that the pollutant for which the waterbody is impaired is not present at the site, and retain documentation of this finding with the SWPPP; or (c) submit data to the
Department documenting that the pollutant discharge will not cause or contribute to an excursion of water quality standards because the discharge will meet in-stream water quality standards at the point of discharge or because there are sufficient remaining wasteload allocations in an approved TMDL and the discharge is controlled at least as stringently as similar discharges subject to that TMDL.