1. Water Quality Regulations and Legislation Affecting the Construction Industry AGC of California Spring 2011 Conference a presentation by Mark Grey, Ph.D., Technical Director Construction Industry Coalition on Water Quality Building Industry Association of Southern California

3. Phase 1 California Communities and Caltrans MS4 Permits; new emphasis on runoff volume control and BMPs required to achieve volume control

4. EPA Policy on Numeric Limits for Stormwater Discharges; Effluent Limit Guidelines for Construction

6. QSD/QSP Program OverviewRequirements for becoming a Qualified SWPPP Developer (QSD) or a Qualified SWPPP Practitioner (QSP) QSP Qualifications: (Effective on 9/2/2011) Be a QSD OR OBTAIN Certified Erosion, Sediment, and Storm Water Inspector (CESSWI) 2. Certified Inspector of Sediment and Erosion Control (CISEC) AND Must attend a state-sponsored or approved training course by 9/2/2011 and pass exam QSD Qualifications: (Effective Now) 1. Reg. Civil Engineer 2. Reg. Professional Geologist 3. Reg. Landscape Architect 4. Reg. Professional Hydrologist 5. Certified Professional in Erosion and Sediment Control (CPESC) 6. Certified Professional in Storm Water Quality (CPSWQ) 7. Professional in Erosion and Sediment Control Registered through NICET AND Must attend a state-sponsored or approved training course by 9/2/2011 and pass exam To prepare and certify a SWPPP as of July 1, 2010, you must have the QSD credentials shown in the box on the left and within 2 years attend and pass a training course. Anyone can implement the SWPPP in the field now; but persons working in the field must become a QSP by 9/2/2011 (see box on right side above)

7. Will there be enough QSPs to manage and inspect job sites on or after 9/2/2011? CASQA reports that more than 4,000 people have taken a QSD/P Class as of April 15, 2011 438 people are registered as QSDs (also qualified to be QSPs) 124 people are registered with the state as QSPs State Water Board reports there are ~6,400 registered construction sites in California as of April 2011 Question: will there be enough QSPs by September 2, 2011 to manage construction job sites in California?

8. Latest Generation of Phase 1 MS4 Permits in California Phase 1 MS4: > 250,000 pop. Phase 2 MS4: >100,000 < 250,000 pop.

9. MS4 Permits Require Storm Water Runoff Controls for Development Projects Applies to new and redevelopment projects generally more than 5,000 ft2 Applies to most public and private development projects, including roads Requires preparation of a water quality management plan to treat runoff Requires installation of water treatment and quantity controls

10. MS4 Permit Requirements Examples of Priority Projects

11. The latest generation of MS4 permits in California includes requirements for: Incorporating Low Impact Development (LID) principles Conducting a hard engineering feasibility analysis of using LID controls for runoff Incorporating numeric standards for compliance (ex: EIA; Volume Capture; BMP performance) Creating off-site or fee programs for non-compliance with LID requirements Including hydromodification controls for stream protection Generally integrated with LID and conventional runoff controls Some of these measures will be required in Caltrans projects

12. LID principles incorporated into MS4 permits in California Integrated Water Resources Management Treating stormwater as a resource at all scales Integrating stormwater into regional capture and groundwater augmentation Mimic Predevelopment Hydrology Use natural features Use site design Use LID BMP controls Use distributed controls, not centralized facilities in all cases

13. Possible LID Best Practices

14. Conducting a LID feasibility analysis: What does this mean practically speaking? Requiring a detailed examination of Infiltration, Harvest and Use, Evapotranspiration and Biofiltration before considering c conventional treatment control Considering technical feasibility and perhaps economic feasibility of each or a combination of options for runoff controls Considering environmental and societal factors in evaluating feasibility Accommodating legacy issues, like Brownfields Encouraging development in the urban footprint

15. Federal Stormwater Regulatory Initiatives and Efforts (US EPA) Numeric Effluent Limits in Stormwater Permits Use in TMDLs Incorporated into MS4 Permits Moves away from iterative BMP approach Ignores development context in watershed EPA taking comments on guidance memo Construction Site Effluent Limit Guidelines Similar to CA CGP NALs and NELs ( for turbidity) EPA published a limit, then court ordered EPA to reevaluate EPA to release “menu” of options in June, with some recognition of local variability

16. Pending Water Quality-related Legislation under Consideration in Sacramento AB 1210 (Garrick). This bill seeks to require that a registered professional civil engineer prepare all construction SWPPPs Creates considerable confusion and is at odds with CGP training requirements in 2009 adopted permit AB 900 (Steinberg). This bill seeks to allow Regional and State Board members to act under California Political Reform Act of 1974; eases conflict of interest standards Also tries to tackle 10% income rule

17. For more information contact:Mark Grey, Ph.D.Director of Environmental Affairs, BIA of Southern CaliforniaTechnical Director, Construction Industry Coalition on Water Quality3891 11th StreetRiverside, CA 92501(951) 781-7310 (office)(909) 525-0623 (cell)(951) 781-0509 (fax)mgrey@biasc.orgmark@cicwq.comwww.biasc.orgwww.cicwq.com