WSR 14-23-081
DEPARTMENT OF ECOLOGY
[Filed November 18, 2014, 4:46 p.m.]
Public Notice
Announcing the Reissuance of the Industrial Stormwater General Permit
The Washington state department of ecology (ecology) is reissuing the industrial stormwater national pollutant discharge elimination system (NPDES) and state waste discharge general permit (permit). The current permit was issued in October 2009, modified in May 2012, and will expire on January 1, 2015.
The draft permit and fact sheet were available for review and public comment from May 7 through July 11, 2014, at 12 midnight. Ecology circulated statewide public notices in a manner designed to inform interested and potentially affected persons of the proposed permit. Ecology hosted six informational public workshops and two public hearings on the draft permit. During the public comment period, ecology received fifty-nine written public comment letters and e-mails, and one person provided oral testimony. The public comments helped shape the final permit.
Applying for Coverage Under the Permit: Facilities covered under the existing permit that reapplied for permit coverage in 2014 will be covered under the new permit. New or unpermitted facilities may obtain coverage under the permit by submitting a complete permit application to ecology and satisfying all applicable public notice and State Environmental Policy Act requirements (WAC 173-226-200). The application is available online at https://secureaccess.wa.gov (electronic version); or www.ecy.wa.gov/biblio/ecy02084.html (paper version).
Ecology's Response to Comments document (Addendum to Fact Sheet—Appendix E) includes a summary of public comments submitted during the public comment period, ecology's response to those comments, including any changes made to the final permit.
The final permit and Response to Comments is available online at www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html. You may request copies from Kimberly Adams at kimberly.adams@ecy.wa.gov or (360) 407-6401, Department of Ecology, Water Quality Program, P.O. Box 47696, Olympia, WA 98504-7696.
Changes to the Final General Permit: Based on the public comments, ecology made several changes to the final permit. However, the overall direction and intent of the permit has not changed. Ecology edited the general permit to make it more clear and concise, and to address legal and technical issues raised during the public comment period. The primary changes to the permit include:
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Total suspended solids (TSS) sampling for discharges to Puget Sound sediment cleanup sites.
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If the receiving waterbody is on the 303(d) list (Category 5) for sediment quality, the discharge is subject to a 30 mg/L TSS limit; but if it is not Category 5 (e.g., Category 4B) for sediment quality, the discharge is subject to a 30 mg/L TSS benchmark.
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While TSS sampling and reporting is effective immediately, the applicable TSS limit or benchmark is not effective until January 1, 2017. However, for discharges already subject to a TSS limit, the limit will remain in effect.
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Once "consistent attainment" status has been achieved, permittees may suspend sampling for a total of three calendar years.
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This revision allows permittees to include "consecutive quarterly samples" collected prior to 2015 in their consistent attainment tally.
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It also allows permittees who achieved consistent attainment prior to 2015 to continue their consistent attainment status for three years, beginning the quarter after consistent attained [attainment] was achieved.
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The "substantially identical outfall" sampling provisions may be applied to parameters and discharge points subject to numeric effluent limitations.
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Permittees subject to a Level 3 corrective action must have a qualified industrial stormwater professional certify their revised stormwater pollution prevention plan.
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Written noncompliance notification reports may be waived on a case-by-case basis.
Effective Date of Permit: Ecology issued the final permit on December 3, 2014, with an effective date of January 2, 2015.
Appeals: Persons have a right to appeal the final permit to the pollution control hearings board (PCHB) within thirty days of the date of receipt. The appeal process is governed by chapters 43.21B RCW and 371-08 WAC. "Date of receipt" is defined in RCW 43.21B.001(2).
To appeal you must do the following within thirty days of the date of receipt of this permit issuance notice:
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File your appeal and a copy of this notice with PCHB (see addresses below). Filing means actual receipt by PCHB during regular business hours.
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Serve a copy of your appeal and this notice on ecology in paper form - by mail or in person. (See addresses below.) E-mail is not accepted.
Street Addresses
Mailing Addresses
Department of Ecology
Attn: Appeals Processing
Desk
300 Desmond Drive S.E.
Lacey, WA 98503
Department of Ecology
Attn: Appeals Processing
Desk
P.O. Box 47608
Olympia, WA 98504-7608
Pollution Control Hearings Board
1111 Israel Road S.W.
Suite 301
Tumwater, WA 98501
Pollution Control Hearings Board
P.O. Box 40903
Olympia, WA 98504-0903