The U.S. Environmental Agency (EPA) recently posted to its website a new “template” for construction site operators to use to develop stormwater pollution prevention plans (SWPPPs). SWPPPs are site-specific documents that are required under EPA’s and other state-specific construction general permits to control construction stormwater runoff to waters of the United States from active sites with disturbance of one acre or more of land.
Prior to discharging stormwater, construction “operators” must obtain coverage under a National Pollutant Discharge Elimination System or NPDES permit, which is administered by either EPA or the state (if it has been authorized to operate the NPDES stormwater program), depending on where the construction site is located. One common (or group) SWPPP is allowed for each regulated construction project, so long as it addresses the requirements for each “operator” (as defined in the applicable CGP). SWPPPs are written to impose site-specific responsibilities on contractors who have day-to-day operational control of site disturbance activities, as well as owners and developers who have operational control over construction plans and specifications.
EPA’s newly released SWPPP template is designed to help construction operators develop a SWPPP that is compliant with the minimum requirements of EPA's new 2012 Construction General Permit. EPA’s 2012 CGP implements the non-numeric (sediment and erosion control or BMP) requirements from the Effluent Limitations Guidelines (ELG) rule issued by EPA on December 1, 2009 – known as the “Construction and Development Rule” or “C&D ELG” rule. See 74 Fed. Reg. 62996 and 40 CFR Part 450.21. States that issue their own construction general permits must incorporate the C&D ELG rule into their permits when they are next reissued. See below for more specifics on the C&D ELG rule sediment and erosion control “limits.”
The SWPPP template allows operators to customize the document to the needs of the site, and includes tables and other fields that are easy to fill out. It is available on EPA’s website at http://cfpub.epa.gov/npdes/stormwater/swppp.cfm. If you have questions about the SWPPP template, email CGP@epa.gov.
C&D ELG Rule Sediment and Erosion Control “Limits”
The following is a list of new or enhanced requirements included in EPA’s 2012 CGP to implement the C&D ELG rule’s sediment and erosion control limits; these new requirements are addressed in the new SWPPP template:
- Installation of Sediment Controls Prior to Construction By the time earth-disturbing activities in any given portion of the site have begun, operators must install and make operational any down-gradient sediment controls for the initial site clearing, grading, excavating and other land-disturbing activities, unless infeasible. Sediment controls must be installed along the entire down-gradient perimeter boundary. Following the installation of these initial controls, all other stormwater controls described in the SWPPP must be installed and made operational as soon as conditions allow. For linear projects where installation of perimeter controls may not be feasible, the SWPPP may be used to demonstrate it is impracticable for the entire perimeter and show how these controls are maximized.
- Repair and Maintenance Requirements The final permit includes requirements for initiating work to fix problems on the same day that they are found and completing such work by the close of the next work day if the problem does not require significant repair or replacement, or if the problem can be corrected through routine maintenance. Additional time for repairs is allowed if justification is documented. Corrective action reports are required to document all repairs.
- Buffer Compliance Alternatives To implement the C&D ELG rule requirement to provide and maintain natural buffers around surface waters, unless infeasible, sites must ensure that any work within 50 feet of surface waters be protected with a buffer area. If possible, a 50-foot natural buffer must be maintained between the disturbed portions of the property and any surface waters. If a 50-foot natural buffer is not feasible, then additional erosion and sediment controls to achieve a reduction in sediment loads equivalent to that achieved by 50 feet of undisturbed natural vegetation must be implemented. Appendix G of the final permit has been added to provide guidance to operators in complying with this requirement.
- Perimeter Controls Operators are required to install sediment controls along those perimeter areas of the site that will receive stormwater from earth-disturbing activities.
- Exit Points Operators are required to minimize track-out of sediment onto streets and other paved areas from vehicles exiting the construction site. To comply with this requirement, the operator must: (1) restrict vehicle use to properly designated exit points; (2) use appropriate stabilization techniques and other controls, as necessary, at all points that exist onto paved roads; (3) where necessary, use additional controls (including wheel washing) to remove sediment from vehicle tires prior to exit; and (4) remove tracked-out sediment from paved surfaces by the end of the work day in which the track-out occurs or by the end of the next work day if track-out occurs on a non-work day. The draft permit originally included a requirement for a 50-foot stabilization area and wheel washdown areas at the entrance/exit point, but those specific requirements were not adopted in the final permit in favor of a performance-based requirement which prohibits track-out.
- Storm Drain Inlets Controls must be installed and maintained to remove sediment from the discharge prior to entry into any storm drain inlets that carry stormwater flow directly from the site to surface water and that are accessible to the operator.
- Dewatering Practices Specific controls and discharge restrictions apply to sites that will discharge ground water or accumulated stormwater removed from excavations, trenches, foundations, vaults, or other similar points of accumulation.
- Stockpile Protection Stockpiled soil or sediment must be protected from precipitation where practicable through the use of cover or stabilization and must be protected from run-on and run-off using temporary perimeter sediment barriers.