Stormwater Master General Permit in Final Stages

The Indiana Department of Environmental Management (IDEM) is in the late stages of a process transitioning from a permit by rule to a Master General Permit (MGP) for the three stormwater programs currently administered through Indiana Administrative Code (Rules). The three programs effected are Construction Stormwater (“Rule 5”) (327 IAC 15-5), Municipal Separate Storm Sewer Systems (“MS4s”) (327 IAC 15-13), and Industrial Stormwater (327 IAC 15-6). The change was spurred in 2016 via urging of the United States Environmental Protection Agency (US EPA).

IDEM developed draft language and engaged an advisory group in 2017. The advisory group, including representation from ICI, ACEC, INDOT and several other local and statewide stakeholder groups, met with IDEM leadership in multiple sessions throughout 2017 and 2018 to review and discuss draft language, current practices, and improvements. Brian Wolff, IDEM surface water and operations branch chief recently sent a notice to advisory group members thanking them for their participation.

“The draft language presented to the advisory group was vastly different from the output representing compromises for stakeholders and significant collaboration,” said Wolff, when asked about successes of this effort.

As an advisory member, ICI’s Director of Government Relations Dan Osborn appreciated IDEMs openness and active listening to considering stakeholder input throughout the process.

After finalizing the language in 2018, IDEM submitted the document to US Environmental Protection Agency (EPA) for review. After two years of review, public comment sessions, and revisions, IDEM received a notice of “non-objection” from the EPA. Wolff explained that the permits have been submitted to the Indiana Governor’s office for signature consideration. After 15 days, the permit will be submitted to the Indiana Secretary of State’s office for further processing. The permits become effective after a 30-day wait period post publishing of the final language. Wolff noted that owners or permittees of current permits will need to file for an “amendment-continue of coverage” under the new MGP within 90 days of the MGP effective date. IDEM cannot continue coverage under 327 IAC 15-5 for projects that will continue to operate once 327 IAC 15-5 is repealed.

IDEM has posted a copy of the MGPs and associated public comments/questions and has scheduled two public information sessions. Please see information and links below.

The information session on the Construction Stormwater General Permit will take place on November 16th at 10:00 AM
Zoom Link : https://zoom.us/j/94985414355?pwd=ak9kRXlHakZBOGtRdldkVHRPU1Q0Zz09&from=addon
Telephone: 301-715-8592 or 312-626-6799 or 646-876-9923 or 346-248-7799 or 408-638-0968 or 669-900-6833 or 253-215-8782
Meeting ID: 949 8541 4355
Passcode: 841374
Question Form: https://forms.office.com/g/1rXLXQyX8v

The information session for the MS4 General permit will take place on November 30th at 10:00 AM
Zoom link: https://zoom.us/j/92346799028?pwd=bWR1YksveGgvckZJVmFlNm1SdExTZz09&from=addon
Telephone: 312-626-6799 or 646-876-9923 or 301-715-8592 or 253-215-8782 or 346-248-7799 or 408-638-0968 or 669-900-6833
Meeting ID: 923 4679 9028
Passcode: 710924
Question form: https://forms.office.com/g/GAS7dWxbBB

INDOT/DOR Working to Improve OSW Permitting

Several ICI members recently communicated concerns to me about oversize/overweight (OSW) load permitting. Members stated that, as the newly instituted OSW permitting system works well for the majority of loads and routes, concerns remain including difficulty delivering equipment to project sites and unusual long and broken up routing. While members have worked diligently to communicate issues directly to the Indiana Department of Revenue (DOR) and INDOT, ICI’s Director of Government Affairs Dan Osborn followed up with agency contacts to emphasize industry concerns and determine what industry, the DOR and INDOT could do to avoid the issues.

INDOT Multimodal Director Kristen Brier responded to ICI. She explained that the new permitting system includes a more comprehensive evaluation process including “vehicle configuration, origin, and destination to automatically generate a safe route safe route, taking into account road restrictions and closures, vertical clearances for bridges, and bridge load rating.”

“We are working with our vendor to make the location of the failed bridges visible externally, to help applicants determine if a different origin or destination on the state system will avoid those bridges. Information about the road restrictions and closures can be displayed within the permitting system, and it remains available on the Indiana Truckers’ Info page. Bridge vertical clearance information remains available as well, through the online Bridge Clearance Map,” stated Brier.

Brier offered several agency contacts to assist permittees. Contact INDOT Freight Manager Leslie Morgan to disclose unsafe routes or difficulty with a permit involving accessing a project site.

If you need help using the new permitting system, contact DOR Motor Carrier Services Division OSW Supervisor James Vest or Morgan.

Contact Dan Osborn if you have feedback or recommendations about any aspect of OSW permitting.

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