On August 17, 2023, the United States Environmental Protection Agency (EPA) released the first of twelve datasets (representing approximately 7% of the total data that it plans to collect) on 29 polyfluoroalkyl substances (PFAS) and lithium (an alkali metal) in our nation’s drinking water. This sampling will continue through 2026, and is the latest action delivering on the EPA PFAS Strategic Roadmap, which dictates that PFAS (an emerging contaminant pending regulations under CERCLA) requires a multi-agency approach and specific actionable steps to assess risks to human and environmental health better, hold polluters accountable, and identify the extent of the problem.
Monitoring PFAS and lithium is currently under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). The Safe Drinking Water Act (SDWA) requires that the EPA issue a list of unregulated but potentially harmful contaminants every five years and devise a protocol for monitoring those contaminants in public water systems (PWSs).
The current UCMR 5 regulatory framework allows for collecting PFAS and lithium data throughout the United States. It aims to create science-based decision-making regarding how to address these chemicals best. Results, which will get quarterly updates, can be reviewed by the public on the EPA’s National Contaminant Occurrence Database.
While there is not currently a final drinking water standard in place for PFAS, EPA has already issued health advisories for four PFAS compounds, and two of them – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – have also been proposed for entry as hazardous substances under CERCLA, as of March 2023. The timeline for the final rule on PFAS CERCLA designation is now February 2024. Landfills and other passive receivers are seeking relief from CERCLA contribution litigation prior to designating PFAS as hazardous substances, as they have no control over the use and disposal of hundreds of thousands of products containing PFOA and PFOS.
This first set of data does appear to raise some red flags, though it is not uniformly indicative of widespread contamination. In Missouri, for example, 1,923 distinct water samples were obtained from 22 different PWSs (from a mix of wells and treatment plants) in communities throughout the state. Of these samples, 23 are scattered between 11 facilities containing lithium at concentrations in excess of the laboratory Method Reporting Limit (MRL) of 9 micrograms per liter (µg/L), some by many orders of magnitude. Only two PFAS compounds (PFOS and PFHxS) are above their MRLs (0.004 µg/L and 0.003 µg/L, respectively), both from the North Rodeo Well of the Camdenton PWS.
This data will ultimately be immensely useful for public sector officials trying to make policy decisions regarding PFAS and lithium management, fine-tuning community engagement/education efforts, and for private sector industries seeking to get a handle on potential liabilities. SCS Engineers and other qualified environmental firms are poised to be essential partners to national leaders in identifying and remedying emerging contaminants such as PFAS. Many technologies proven to work on a large scale are available, with more promising technologies on the horizon.
Find additional regulatory information using the links below:
Impacts on Sectors and Treatments:
About the Author: Rachel McShane, LEP, has over 15 years of experience in environmental due diligence projects (Phase I, II and III Environmental Site Assessments) as well as Brownfields redevelopment, risk-based corrective action, and remediation projects. She is familiar with National Environmental Policy Act (NEPA) environmental assessments, vapor investigations and mitigation, radon, asbestos, lead-based paint surveys, and leachate monitoring/solid waste management. Reach Ms. McShane at or via LinkedIn.
On July 1, 2023, the Illinois Environmental Protection Agency (IEPA) posted and updated General NPDES Permit No. ILR00 for Industrial Storm Water Discharges (2023 General Permit). The 2023 General Permit is effective July 1, 2023, through June 30, 2028.
Multiple industry sectors must now update their site-specific Storm Water Pollution Prevention Plan (SWPPP) to comply with the 2023 General Permit. Three key updates in the 2023 General Permit are:
1-Permittees are required to submit a Notice of Intent (NOI) for renewal no later than 150 days after the 2023 General Permit is issued (i.e., by November 28, 2023).
2-Permittees must place a sign of permit coverage (except in instances where other laws or local ordinances prohibit such signage) in a safe, publicly accessible location in close proximity to the facility and include the following:
3-Benchmark sampling requirement updates, varying based on the industry sector’s Standard Industrial Classification (SIC) Code classification:
List 1 – SIC Code Groups with Updated Benchmark Sampling Constituents
Subsector C1 & C2
Subsector E1 & E2
Subsector F1 & F2
Subsector H1
Subsector L1
Subsector M1
Subsector Q1
Subsector AA1
List 2 – SIC Code Groups with New Benchmark Sampling Requirements for Reporting Purposes Only
Subsector B2
Subsector C5
Subsector D2
Subsector E3
Subsector F5
Subsector I
Subsector J3
Subsector L2
Subsector N2
Subsector O1
Subsector P1
Subsector R1
Subsector T1
Subsector U3
Subsector V1
Subsector W1
Subsector X1
Subsector Y2
Subsector Z1
Subsector AB1
Subsector AC1
Our authors are available to answer questions about the Illinois stormwater regulations. You will find state professionals for updates or filing requirements local to your operation here.
Spencer LaBelle serves as a Senior Project Engineer for our Upper Midwest Team. Spencer has prepared SWPPPs for multiple, diverse industries and operations throughout Illinois and assisted clients with SWPPP inspections from the Illinois EPA. He has diverse experience in civil/environmental consulting for stormwater and erosion control management systems, site development, and regulatory compliance.
Betsy Powers serves as a Vice President/Senior Project Manager for our Upper Midwest Team. She has over 25 years of experience in civil/environmental consulting, including erosion control and stormwater management, site development, regulatory compliance, landfill design and permitting, landfill construction, material recovery facility design, and compost facility design and permitting.
Additional NPDES and Stormwater Resources:
On December 24, 2022, the Pennsylvania Department of Environmental Protection (PADEP) published the renewed NPDES General Permit for Discharges of Stormwater Associated with Industrial Activity (PAG-03). This permit covers stormwater discharges from industrial facilities such as manufacturing facilities, landfills, scrap yards, and bus terminals.
The new permit term will cover operations from March 24, 2023 (effective date) to March 23, 2028 (expiration date). If PADEP receives an NOI by March 23, 2023, an existing PAG-03 permittee can continue to discharge under the reissued PAG-03. The application forms and instructions are available from the PADEP eLibrary.
Beginning in 2024, the due date of the Annual Report and NOI fee annual installment payment will be by March 23 each year. For existing permittees, the due date for the NOI fee installment in 2023 and the annual report covering 2022 will be May 1, 2023.
Analytical requirements for monitoring stormwater discharges are established in an appendix to the General Permit for each industrial sector. A monitoring requirement for Total Nitrogen and Total Phosphorous was added to each Appendix. Other changes made are to monitoring and Benchmark Value parameters for individual sectors. Target Quantitation Limits (TQLs) are established for analytical parameters, and permittees must use labs that can meet the TQLs to comply.
The new permit increases response levels for continual exceedances of Benchmark Values, concentrations of pollutants that serve as a threshold for evaluating whether site Best Management Practices effectively control stormwater pollution. Two or more consecutive monitoring period exceedances of Benchmark Values trigger the requirement to develop and submit a corrective action plan, implement additional controls, or apply for an individual permit if notified by PADEP.
Monitoring under the renewed permit commences with the July 1 – December 31, 2023 monitoring period. Until July 1, 2023, permittees should continue monitoring for parameters in their existing General Permit.
These are not the only changes made to the General Permit. Please contact for updates in other states or commonwealths and Denise Wessels at (610) 382-3050 if you need help preparing the NOI to reapply for the permit or to maintain compliance with permit terms in Pennsylvania.
On January 11, 2023, the Illinois Environmental Protection Agency posted the General NPDES Permit for Industrial Storm Water Discharges (NPDES Permit No. ILR00) for public review and comment.
Please note that numerous modifications and additions are proposed for Attachment 1 of the NPDES Permit No. ILR00. The Attachment was just made public by the Illinois Environmental Protection Agency. We are preparing a summary of the changes associated with each subsector.
Modifications and added parts or sections are summarized below:
All comments on the draft permit and requests for a public hearing must be received by the IEPA no later than February 11, 2023.
Our team of Storm Water professionals in Illinois includes Spencer LaBelle and Scott Knoepke, who are ready to answer your NPDES Permit questions and discuss how the proposed modifications to the permit may impact your operation.
On January 11, 2023, the Illinois Environmental Protection Agency posted the General NPDES Permit for Industrial Storm Water Discharges (NPDES Permit No. ILR00) for public review and comment.
Please note that numerous modifications and additions are proposed for Attachment 1 of the NPDES Permit No. ILR00. At the time of authoring this blog, Attachment 1 has not been made public by the Illinois Environmental Protection Agency. Once this document is made available, a follow-up post will be prepared to summarize the changes associated with each subsector.
Modifications and added parts or sections are summarized below:
All comments on the draft permit and requests for a public hearing must be received by the IEPA no later than February 11, 2023.
Our team of Storm Water professionals in Illinois includes Spencer LaBelle and Scott Knoepke, who are ready to answer your NPDES Permit questions and discuss how the proposed modifications to the permit may impact your operation.
SCS Engineers is a sponsor of the 2023 Food and Beverage Environmental Conference taking place March 26-29, 2023, at the Hyatt Regency Incline Village in Lake Tahoe, Nevada.
FBEC is the premier and most comprehensive environmental event for the food and beverage industry in the United States. It brings together industry, academia, non-government organizations, and suppliers in a casual atmosphere that allows for the free flow of information and ideas. The conference includes a single program of sessions, information exchange, poster sessions, and socializing and networking events, all of which uncover the latest trends and innovations affecting water reuse, supply chain challenges, air quality and many more.
The 2023 Conference will explore the following topics and more!
Participants and attendees include craft breweries and distilleries, pet food makers, grocery stores, nutritionists, farmers, and food and beverage processors, as well as those involved in transportation, distribution, preparation, supply chain management, EHS, sustainability and wastewater solutions.
New Chicago office location at 40 Shuman Boulevard, Suite 216, Naperville, IL 60563
SCS Engineers continues expanding its environmental team in its Chicago, Illinois office to meet environmental engineering and consulting needs focusing on waste management and the needs of the electric utilities. Driving demands are industries and municipalities seeking to reduce their environmental footprint while providing essential services and products.
Leading the Chicagoland team, Professional Engineer and Professional Geologist Scott Knoepke. Knoepke serves clients needing remediation and site redevelopment. This includes commercial dry cleaners, retail petroleum sites, and heavy industries such as steel, rail, coal, mining, manufacturing, metal cutting, and plating.
Meet the Crew!
Richard Southorn, PE, PG, with 20 years of experience, joins Knoepke supporting solid waste and electric utility sectors. Southorn began his career in the field performing CQA oversight, environmental monitoring, and soil core/rock core logging at landfill sites. He moved into landfill design and modeling, primarily to support landfill expansion projects. Richard has extensive experience with site layouts, geotechnical stability, stormwater management, and leachate generation analyses.
Brett Miller is a Senior Designer with over 20 years of experience and proficiency in AutoCAD Civil 3D and Maya. Brett is capable of any production drafting and is highly skilled in understanding 3D space. This helps him support designs that fit into site-specific, real-world environments. Brett also creates 3D models and animations that illustrate the benefits of a design to our clients.
Niko Villanueva, PE, joins SCS with eight years of experience. Niko provides engineering and drafting support and is experienced in designing various landfill systems such as stormwater management, leachate and gas control, and foundation analysis. He has also prepared cost estimates and construction bid quantities for various projects and construction quality assurance services at multiple facilities.
Meet Spencer LaBelle, with six years of experience. Spencer provides solutions for stormwater-related projects, including stormwater management system design, permitting, and compliance. He provides a diverse portfolio of clients and industries with stormwater-related services and environmental compliance.
Zack Christ, PE, comes to SCS with 15 years of experience in solid waste and CCR landfill sectors. Zack has experience performing CQA oversight and CQA management of landfill final cover, base liner, and GCCS; environmental monitoring; and logging soil borings. He also has extensive landfill design and CAD experience in developing landfill siting and permitting application projects. Zack’s areas of expertise include geotechnical analyses, stormwater management, leachate management design, GCCS design, and cost estimating.
Jonathan Meronek specializes in comprehensive stormwater management programs. He has conducted BMP and Pollutant Source Assessments (PSAs), written Stormwater Pollution Prevention Plans (SWPPPs), performed Training and Education classes and implemented Monitoring Implementation Plans (MIPs) for hundreds of facilities in the United States. His accreditations include IGP-TOR, QISP, ENV-SP, CPESC, QSP/D, with over eighteen years of supporting clients at SCS Engineers. As a State of California Industrial General Permit (IGP) Qualified Industrial Storm Water Practitioner (QISP) and QISP Trainer-of-Record (ToR), he finds stormwater solutions for a multitude of industrial clients.
When Endeavor Media (Stormwater Magazine, Wastewater Mag, and Water World) decided to launch their new education platform called “Stormwater University,” they reached out to Jonathan. He now has the good fortune of being one of twelve people to sit on Endeavor’s National Technical Advisory Board.
Jonathan is excited and looks forward to supporting his colleagues in stormwater management. He has promised not to add another post-nominal after his name.
The Virginia Composting Council is the state affiliate of the US Composting Council; its mission is to support the efforts and initiatives of the USCC and bring the practice of composting to more Virginians. The Composting Council is growing because of increased efforts by communities to divert food waste from disposal. Demand is growing with increased awareness of composting’s beneficial uses.
The Virginia Council, led by President Ryan Duckett of SCS Engineers, cites the obvious benefits of less waste going to landfills and lower greenhouse gas emissions in the environment. He also points out the jobs and business development potential and using compost for stormwater management, erosion control, and other green infrastructure as benefits. Expanded programs also offer the opportunity to collect edible foods for non-profits feeding many in need while diverting non-edible organics to composting.
The Council brings together manufacturers, municipal managers, organics collectors, researchers, and other compost allies in the waste industry. The group works to educate state regulators, local officials, and the public about composting’s value in a circular system. Members also help develop positions on regulations and legislation that affect composting and the market.
USCC has 13 state chapters that do local work to advance the composting industry alongside the national advocacy and programs. Without their on-the-ground education, attention to and work in regulations and legislation, and building networks of people in the industry, USCC could not be effective.
Cities like Oviedo, Fla. are investing in the cleanup of defunct brownfield sites, converting even highly contaminated properties from liabilities to assets that pump economic vitality into their communities. And municipalities are getting reimbursed for doing so. But these ambitious undertakings require the expertise of professionals with strong environmental engineering and remediation backgrounds and an understanding of federal and state regulations aimed to protect public health and the environment.
This spring, after over two years of working closely with SCS Engineers and the development team, the City of Oviedo will unveil its redevelopment project: a 3.7-acre public park with a walking and jogging trail. The loop trail will be part of a larger trail system interconnecting through the City and the Cross-Seminole trail, with the latter running throughout the county.
The walking and jogging path surrounds a pond with a dual purpose: to serve as an added feature to this peaceful retreat and part of an enhanced stormwater management system that will allow business owners to convey drainage from their properties via an underground stormwater management system. Along the park perimeter, historical displays will tell the story of the nearly century-and-a-half-old City’s past.
SCS helped the City navigate regulatory issues associated with redeveloping environmentally impacted land, ensuring safe and environmentally sound practices, and maximizing financial reimbursement through the Florida Brownfields Program.
In the 1940s, the site operated as a farm but lay idle and overgrown with vegetation decades after. When SCS came in to complete the environmental assessment, the team confirmed that years of pesticide application did leave arsenic behind in the soil.
“It appears that the pesticides were used appropriately, but with the change in land use and to meet the state’s environmental criteria, we need to address the residuals to redevelop the property as a park. It would otherwise remain as unusable land without this cleanup,” says Kirk A. Blevins, SCS senior project manager.
SCS completed site assessment activities according to Chapter 62-780 FAC, which includes additional testing to delineate the extent of arsenic-impacted soil further and evaluate groundwater conditions. Assessment activities indicated that while not impacting groundwater, the soil contained arsenic above acceptable regulatory levels. In its next step, the team designed a remedial action plan with multiple considerations for success.
“Given that the site would include both a stormwater management pond and a public park, we recommended that rather than cap the soil to reduce potential exposure, the City meet the strictest cleanup criteria. This option is the most protective of human health and the environment,” Blevins says.
The plan included removing approximately 47,000 cubic yards of arsenic-impacted soil, then placement of clean import fill for areas open to the public. Blevins and his team proposed excavating to the property boundary, and they provided technical guidance to the City contractor on how to efficiently and safely execute this undertaking. “It was important to excavate to the property boundary to assure removal of the impacted material so that the City would receive unconditional closure approval from the regulatory agency,” explains Blevins.
Concise reporting of the work is key to securing that approval, so SCS documented the excavation of impacted soil to the appropriate depths and lateral extents, managing it appropriately onsite, and transporting it to an approved landfill for disposal.
The team worked with the City’s environmental counsel to bring the site into the Florida Brownfields Program and prepared its voluntary cleanup tax credit (VCTC) applications for submission to the Florida Department of Environmental Protection (FDEP). All expenses and payment, confirming the expenditures “integral to rehabilitation,” are documented. With this validation, the City of Oviedo is getting back about half of its $1,432,000 related investment. It will receive another 25% bonus once FDEP issues a letter stating that no further action is required.
Documentation and communication with the state regulators is an ongoing process requiring a detailed review of contractor proposals, invoices, pay applications, proof of payment, and a summary of progress each year over the project’s life. “In particular, a line-item review of invoices can sometimes establish additional actions that are critical to remediation that otherwise might have been overlooked and not captured. This process is vital to maximize reimbursement,” Blevins explains.
Cost, as always, is a client priority. So, SCS and the remedial team focused on minimizing offsite disposal of the impacted soil, proposing over-excavating the pond, using the unimpacted soil as the onsite fill, and placing a portion of the impacted soil at the pond’s bottom.
“This was possible because testing indicated that the impacted soil would not leach arsenic into the pond water at a rate that would adversely affect water quality. We confirm that arsenic concentrations are below the strictest regulatory level before any soil from over-excavating the pond can be of beneficial reuse onsite. Safety of people and environmental protection always comes first,” Blevins says.
The ultimate outcome: Oviedo has a regional stormwater pond suited for potential commercial operations to use for drainage, maximizing available land for economic development, as well as a recreational park for the community and visitors.
SCS’s technical expertise was crucial to successfully remediating this site, attests Bobby Wyatt, Public Works Director at City of Oviedo, Florida.
“The team easily navigated and sped up the permitting process for the arsenic removal and provided continuing assistance with monitoring during construction. The process for completing the specific remediation/permitting was unfamiliar to City staff, and SCS provided efficient and competent assistance to get us where we needed to go.
Their experience provided a sense of confidence that we were going to be able to make the park project successful,” Wyatt says.
SCS has worked on brownfields projects and voluntary remediation across the U.S. for over 45 years. We convert once nonproductive commercial and industrial properties into revenue-generators and affordable housing.
Resources:
Brownfields and Voluntary Remediation
