Mike James James Environmental Storm Water & Environmental Compliance

1. Storm Water & Environmental
Compliance

2. • 1970 – U.S. Environmental Protection Agency established
• Amid growing concerns of environmental conditions in urban areas, the Nixon administration
formed the U.S. EPA to establish and enforce protection standards for the environment.
• 1972 – Clean Water Act passed
• U.S. EPA granted authority to regulate water discharges through the National Pollution
Discharge Elimination System (NPDES), but stormwater was generally exempted.
• 1987 – Water Quality Act passed
• Provided the fundamental basis for how stormwater is currently regulated in the U.S.
• 1990 – U.S. EPA implements “stormwater rule”
• Regulation of stormwater at industrial facilities begins nationwide
• 1998 – Texas Pollutant Discharge Elimination System (TPDES) established
• Texas Commission on Environmental Quality (TCEQ), formerly identified as the Texas Natural
Resource Conservation Commission (TNRCC), begins administering U.S. EPA’s NPDES program.
• 2011 – Texas’ current Industrial Storm Water Permit issued
• Stormwater permits are issued in approximate 5 year intervals. The current permit is
scheduled to expire in August of 2016.
History of Stormwater Regulation

3. Hierarchy of Storm Water
Compliance
2
3
Federal (U.S. EPA)1
State (TCEQ, etc.)
Local (Cities and Counties)

4. How Environmental Regulations Are
Affecting YOU
• Although many Oil & Gas operations are exempted from
stormwater regulations, any secondary activity that is best
defined by another SIC Code (e.g. manufacturing or
transportation) likely requires regulation under the
stormwater rules.
• SPCC rules are more wide-reaching and lack some of the Oil
& Gas exemptions that apply to stormwater regulation.

5. Protecting the Downstream Waters

6. Storm Water Plans
SWPPPs – Or, Storm Water Pollution Prevention Plans, are a
requirement of the stormwater regulatory programs. They help document:
– Stormwater flow and surface receiving water(s)
• Outfalls
– Materials management
– Fluids management
– Pollution prevention
• Team members
• Personnel training
– Routine facility inspections

7. SPCC Plans
EXXON Valdez
Oil Spill (1989)
Prince William
Sound, Alaska

8. SPCC Plans
Skimming of oil
sheen after the
1989 EXXON
Valdez Oil Spill
Prince William
Sound, Alaska

9. SPCC Plans
SPCCs – Or, Spill Prevention, Control, and Countermeasure
plans, are an EPA requirement for facilities storing 1320+ gallons of petroleum
products. These plans help to document:
– Storage containers and contents
• Oils
• Gasoline/diesel fuels
• Produced water
– Secondary containment structures/methods
• Spill response procedures and reporting requirements
• Key exclusions
– Natural gas
– Liquid petroleum gas and liquid natural gas
– Fuels tanks which power mobile equipment

10. History
• 1974 – Original SPCC rule becomes effective
• Much less broad application than today’s SPCC rule
• 1990 – Oil Pollution Act signed into law
• In response to public outcry regarding the 1989 Exxon Valdez oil spill, the Oil Pollution Act was
passed to increase preparedness and improve response to similar events in the future. This
sparked the evolution of the SPCC regulations in effect today.
Affected Facilities
• Non-transportation-related facilities with aboveground petroleum storage
capacity exceeding 1,320 gallons which may reasonably expect to
discharge to navigable waters of the United States
• Non-transportation-related facilities include:
• Fixed and mobile drilling/production facilities
• Oil refining or storage facilities
• Industrial facilities which use, store, drill for, produce or consume oil or oil products
Summary of SPCC Requirements

11. EPA’s Regulations Reach as Far as the Formations
that Drive your Industry

12. City of Odessa Stormwater Enforcement
• Unannounced inspections
• Executing warrants
• Entry to facility
• Collection of soil samples
• Collecting and maintaining facility
compliance data
• Directly reporting facility data to TCEQ

13. City of Odessa Stormwater Enforcement

14. Risks of Non-Compliance
K
S
• Fines up to $37,500 per
day, per violation
• Inability to obtain licenses
and/or permits
• Inability to secure contracts
with larger corporate
entities

15. BULLS-EYE!
Hitting the compliance
bulls-eye can be easier
than you might think.
Compliance

16. What is eComply Environmental?
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17. James
Environmental YOU
How Do YOU Stay in Compliance?
Call us! Together, we can ensure
you are prepared for an
inspection.

18. Do you have
any questions?
??

19. Michael R. James
600 Round Rock West Drive
Suite 201
Round Rock, Texas 78681
p: (512) 244-3631
f: (512) 244-0853
mjames@jamesenvironmental.com
www.JamesEnvironmental.com