I have an exceedance.
Now I am in Level 1 or 2. Is it end of the world?
No, it is not end of the world, and believe me, it is not a violation if you do the right thing. Just take a look below for a few words directly from the Industrial General Permit (IGP). (See or download IGP here)
“… NAL exceedances defined in this General Permit are not, in and of themselves, violations of this General Permit. A Discharger that does not fully comply with the Level 1 status and/or Level 2 status ERA requirements, when required by the terms of this General Permit, is in violation of this General Permit. “ (Industrial General Permit (IGP) Order 2014-0057-DWQ,Section I.M.63, Pg. 11)
So just relax, take deep breath and ask yourself:
How I got into Level 1? It’s not a rocket science at all and you can understand it easily. You were placed into Level 1 for a specific parameter because your annual average for that certain parameter exceeded the “Annual Numeric Action Level (NAL) Value” or if any two samples exceeded on the Instantaneous Maximum NAL for pH, Total Suspended Solid (TSS), or Oil & Grease (O&G) in Table 2 of the IGP.
How the annual NAL exceedance was calculated? There is a certain criteria for it. Annual NALs are calculated by using the average of all analytical results from all the samples that were taken at a facility during a reporting year for a given parameter exceeds an annual NAL value
Example:
First Qualified Storm Event (QSE) Sample Result: Zinc = 0.35 mg/L;
Second Qualified Storm Event (QSE) Sample Result: Zinc=0.20 mg/L;
Third Qualified Storm Event (QSE) Sample Result: Zinc = 0.18 mg/L;
Fourth Qualified Storm Event (QSE) Sample Result: Zinc=0.28 mg/L.
Find the average:
(0.35+0.18+0.20+0.35)/4= 0.27 mg/ L
Therefore, it exceeded the limit of 0.26 mg/ L on Table 2, Zinc will become Level 1
What to do now since I am in Level 1?
Level 1 Requirement:
1) Designate QISP: In layman’s terms, you can simply hire a consultant or you can become one by completing a State Water Boards sponsored QISP training course. The best part is that no prerequisite is needed as of now, but it is recommended to have some background knowledge. (Read the “BECOME QISP” for details)
2) Training: QISP will need to train the SWPPP team member to complete the Storm Water Task. (Example: Sampling Technique and sample location.)
3) Equipment: If pH is in Level 1 then must use a Calibrated portable instrument for pH or use 40 Code CFR 136 method for pH, so no more litmus paper.
4) QISP ERA Evaluation: Level 1 Exceedance Response Action (ERAs) Evaluation. By Oct 1st the QISP and discharger will need to evaluate potential pollutant source that are or may be related to the NAL exceedances.
5) SWPPP & BMPs Revision: Evaluate existing BMPs and any additional BMPs and SWPPP revision needed to prevent future NAL exceedances at all drainage areas.
6) QISP ERA Report: By Jan 1st SWPPP will need to be revised according to the evaluation and additional BMPs will need to be implemented. QISP will need to prepare a ERAs Report to summarize the evaluation, SWPPP revision, and additional BMPs implemented for each parameter that exceeded.
Level 2 Requirement:
1) In addition to 1), 2), 3) above also include below…
2) QISP Level 2 ERA Action Plan: addresses each new Level 2 NAL exceedance by Jan 1st following the reporting year during which the NAL exceedance(s) occurred. The implementation of the Level 2 ERA Action Plan needed to be completed within 1 year after submitting to the Water Boards. The Level 2 ERA Action Plan shall include a schedule and a detailed description of the tasks required to complete the Discharger’s selected demonstration(s)
3) QISP Level 2 ERA Technical Report: The report must include one or more of the three demonstration within the permit. Submit to the Water Boards 1 Year after the Level 2 ERA Action Plan.
- Industrial Activity BMPs Demonstration – where, what, when, and how to reduce or eliminate NAL exceedance.
- Non-Industrial Pollutant Source Demonstration – Identify non-industrial pollutant sources (Ex: run-on from adjacent properties, aerial deposition from man-made sources, or as generated by on-site non-industrial sources).
- Natural Background Pollutant Source Demonstration – Proof NAL exceedance coming from natural background with any report and data (Ex: research & published literature, Maps, Test site location, geology & soil information, etc.).
Find more details on the requirement in the IGP Section XII.A.D.2, Pg. 51-54.
Note: You can choose to go directly from Baseline to Level 2 to demonstrate your NAL exceedance is from the “Non-Industrial Pollutant Source Demonstration” or “Natural Background Pollutant Source Demonstration”.
