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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8 1595 Wynkoop Street Denver, CO 80202-1129 Phone 800-227-8917 www.epa.gov/region08
Ref: 8ENF-W-NW
SENT VIA EMAIL DIGITAL READ RECEIPT REQUESTED
David Garrity Environmental Engineer National Institute of Standards and Technology david.garrity@nist.gov
Re: Inspection Report for U.S. Department of Commerce, Boulder Laboratories MS4, NPDES Permit No. COR042002
Dear Mr. Garrity:
On September 13-14, 2021, representatives of the U.S. Environmental Protection Agency inspected the U.S. Department of Commerce, Boulder Laboratories municipal separate storm sewer system (MS4) in Boulder, Colorado, to evaluate compliance with the MS4's National Pollutant Discharge Elimination System permit. The inspection was conducted under the authority of Section 308 of the Clean Water Act (Act). Enclosed is a report of the inspection.
Inspection findings are summarized within the enclosed inspection report in a table titled "Findings and Corrective Actions." Within thirty (30) days of receipt of this report, please provide the EPA with a summary of corrective actions taken to address each of the findings identified in the report and any information that may change the findings. This summary should be sent to:
Stephanie Meyers meyers.stephanie@epa.gov
Please contact me at 303-312-6938 or meyers.stephanie@epa.gov if you have any questions regarding this letter or the enclosed report.
Sincerely,
STEPHANIE
Digitally signed by STEPHANIE MEYERS
MEYERS
Date: 2021.11.02 09:46:51 -06'00'
Stephanie Meyers
NPDES and Wetlands Enforcement Section
Enforcement and Compliance Assurance Division
Enclosures: 1) NPDES Storm Water Inspection Report - MS4 2) Photo Log
cc: Katie Schlatter, Operations Director, NIST (via email)
Brian Brass, Safety, Health, and Environment Division Chief, NIST (via email)
NPDES Stormwater Inspection Report - MS4
National Database Information
Inspection Date: September 13-14, 2021
Inspection Type: Municipal Separate Stormwater
Sewer System (MS4)
Entry/Exit Time: 9:00 am / 11:35 am
NPDES ID Number: COR042002
NAICS Code: 921190 General Government
Inspection ID: 202109_COR042002
Support
Lead inspector and affiliation: Stephanie Meyers, US EPA Region 8
Inspector and affiliation: Akash Johnson, US EPA Region 8
Facility Location Information (Name/Location/ Mailing Address)
Site/Facility Name & Location: U.S. Department of Commerce - National Institute of Standards and Technology (NIST) 825 Broadway St. Boulder, CO 80305
Email Report to: David Garrity Environmental Engineer National Institute of Standards and Technology david.garrity@nist.gov
Contact Information
Facility Contacts:
(indicate primary lead and present during inspection)
Authorized Official
Name(s)/Title
David Garrity / Environmental Engineer / NIST / primary lead during opening conference and onsite inspection
Elizabeth Mackey / Chief Safety Officer / NIST / present during opening conference Stephen Banovic / Deputy Chief Safety Officer / NIST / present during opening conference Brian Brass / Safety Health and Environment Division Chief / NIST / present during opening conference and onsite inspection Chris Colburn / Facilities Maintenance Division Chief / NIST / present during opening conference Danielle Swarts / Facilities Maintenance Division / NIST / present during opening conference Keith Weidenbach / Facilities Maintenance Division / NIST / present during opening conference Brenda Hitchcock / Contracting Officer - Acquisitions Management Division / NIST / present during opening conference Ruben Rodriguez / Design and Construction Division / NIST / present during opening conference
Randall Collander / Safety Group / NOAA / present during opening conference
Phil Lawrence / Project Manager / NIST / present during onsite inspection
Alex Bettam / Assistant Superintendent - Design and Construction Division / NIST / present during onsite inspection Kendalyn Morgan / Contractor / Whiting-Turner Contracting Company / present during onsite inspection
Marla Dowell / Director / NIST Boulder Laboratory
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Permit Information Is the permit on site and available? Yes Effective Date: October 1, 2014
Latitude: 39 59' 47.14" North
Expiration Date: September 30, 2019 (administratively continued) Longitude: -105 15' 43.01" West
Receiving Water(s): Skunk Creek, Anderson Ditch, and other associated waters of the United States within the exterior boundaries of the Department of Commerce, Boulder Laboratories Regulatory Inspector's source of information: Facility contacts, documents received during the inspection, permit and permit fact sheet.
Areas Evaluated During Inspection
Permit
Effluent/Receiving Waters
Compliance Schedule
Records/Reports
Flow Measurement
Pollution Prevention
Facility Site Review
Self-Monitoring Program
Laboratory
Weather conditions during inspection (e.g., temperature, sky, precipitation): The weather condition on September 14, 2021 (date of on-site inspection) was partly cloudy with a high of 65 F.
MS4 Program areas during inspection
Public Education & Outreach Yes Illicit Discharge Detection and Yes
Elimination (IDDE) Industrial Facilities N/A
Pollution Prevention and Good Yes Housekeeping
Program Management Yes
Public Involvement & Participation Yes New Development/Redevelopment Yes (NDRD) Construction Sites Program Yes Stormwater Monitoring Yes
Compliance Schedule N/A
Report Review and Signature Drafter Name
Stephanie Meyers
Reviewer Name
Akash Johnson
Supervisor Signature/Name
MICHAEL MICHAEL BOEGLIN Digitally signed by BOEGLIN 09:39:14 -06'00' Date: 2021.11.02
Michael Boeglin
Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ENF-W-NW Denver, Colorado 80202
303-312-6938 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ENF-W-NW Denver, Colorado 80202 303-312-6067 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ENF-W-NW Denver, Colorado 80202 303-312-6250
Date 10/27/2021 Date 10/29/2021 Date 11/2/2021
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Inspection Narrative and Site Description
The inspection was conducted at the Department of Commerce Boulder Laboratories (facility) located in Boulder, Colorado to evaluate compliance with its municipal separate storm sewer system (MS4) National Pollutant Discharge Elimination System (NPDES) permit. The U.S Environmental Protection Agency (EPA) is responsible for implementing the NPDES program at Federal Facilities within the State of Colorado. The inspection was announced a few weeks prior to the inspection to coordinate logistics for the inspection. On September 13, 2021, EPA inspectors Stephanie Meyers and Akash Johnson (inspectors) held a virtual opening conference via Microsoft Teams to explain the purpose of the inspection, followed by questions pertaining to the facility's implementation of the permit's Minimum Pollution Control Measures. On September 14, 2021, the EPA inspectors conducted onsite inspection activities, discussed further below. Throughout the inspection, the inspectors noted their observations in electronic and hard-copy checklists. Photographs taken during the inspection are included in the attached photo log.
The Department of Commerce Boulder Laboratories (facility) campus houses the National Institute of Standards and Technology (NIST), the National Oceanic and Atmospheric Administration (NOAA), and the National Telecommunications and Information Administration (NTIA). While these three agencies occupy the property, the Stormwater Management Plan (SWMP) and the EPA NPDES MS4 permit are managed and administered by NIST personnel. A Service Level Agreement amongst the three agencies is in place, which outlines responsibilities of each agency pursuant to MS4 permit responsibilities.
The primary purpose of the facility is research and development, including support for the standards for frequency and time interval, atmospheric conditions, and weather forecasting. Laboratories are available for research related to electrical engineering, physics, chemistry, materials science and engineering, information technology, and atmospheric research. The facility has approximately 1,6001,700 staff and contractors and no residential housing. Due to COVID-19 concerns, roughly 20% of staff are currently working on site. The majority of the facility campus is open space, and approximately 35-40% of the 204-acre campus is developed. Development is clustered along the eastern edge of the property and is primarily composed of the NIST and NOAA laboratory complexes. A few small maintenance facilities and storage areas are located to the west of the laboratories.
NIST's Safety, Health, and Environment Division, Office of Facilities and Management, and Design and Construction Division aid in implementing the facility's MS4 program. The facility has developed a SWMP to outline the activities and responsibilities of the MS4 as required by the permit. The SWMP is reviewed and updated on an annual basis. The municipal activities within the MS4 consist of maintenance and operation of the following: vehicle maintenance and equipment facilities, utilities, roads and grounds, construction sites, materials storage, and hazardous materials disposal.
During the September 14, 2021 onsite inspection activities, EPA inspectors first met with David Garrity, presented their credentials, then visited his office to discuss the itinerary for the day. The group then proceeded with a walk-through of an active construction project occurring around Building 1 (Photo 150) (NPDES Construction Stormwater Permit Numbers COR10F06J and COR10F06L). For the construction site walk-through, the group was joined by NIST representative Phil Lawrence, Project Manager and Whiting-Turner Contracting Company representatives Alex Bettam and Kendalyn Morgan. During the walk-through, David Garrity demonstrated how NIST representatives would conduct their required monthly and quarterly construction site inspections.
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Inspection Narrative and Site Description Notice of Intent and Stormwater Pollution Prevention Plan information was posted outside the site (photo 149). Foundation dewatering activities were observed throughout the site (photo 151), and inlets capturing dewatering effluent contained BMPs (photo 152). Following the construction site walk-through, the EPA inspectors and David Garrity proceeded with a site review of the campus, joined at times by NIST representatives Brian Brass, Safety Health and Environment Division Chief, and Chris Colburn, Facilities Maintenance Division Chief. During the campus site review, the inspectors observed various outlets and outfalls throughout the site associated with Skunk Creek and Anderson Ditch (photos 154 and 155). EPA inspectors also observed the maintenance and storage facilities on site including the fueling station (photo 156) which is equipped with a spill kit (photo 157), the vehicle maintenance building (photo 158), the equipment yard (photos 159 and 160), and Building 23 where hazardous waste and empty drums are stored (photo 161). The onsite inspection concluded with observations of various other inlets and outfalls throughout the site (photos 163, 164, and 165). At the end of the site inspection, the inspectors held a closing conference with David Garrity where they discussed preliminary findings. On September 27, 2021, the EPA sent an email to David Garrity with the preliminary findings from the inspection.
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Findings and Corrective Actions
Finding #1: An enforcement policy which meets the requirements of the permit to effectively prohibit non stormwater discharges is not maintained by NIST. An enforcement policy which effectively prohibits non stormwater discharges into the storm sewer system and includes a description of a range of actions and enforcement procedures to be taken in response to an illicit discharge is not maintained by NIST.
Permit requirement: Part 2.4.2 of the permit states, "Maintain an enforcement policy which effectively prohibits, through ordinance or other regulatory mechanism available under the legal authorities of the MS4, nonstormwater discharges into the storm sewer system and implement appropriate enforcement procedures and actions. The enforcement policy should include a description of the range of actions to be taken by the Department of Commerce, Boulder Laboratories, in response to an illicit discharge."
Corrective Action: On September 29, 2021, EPA received information from David Garrity that the stormwater management plan (SWMP) will be updated by NIST to detail the enforcement process more clearly for illicit discharges. Provide the EPA with the updated SWMP that includes a more detailed and effective enforcement policy in response to illicit discharges. Finding #2: NIST does not maintain a list of policies and procedures to be used for enforcement of construction site compliance. A list of policies and procedures to be used for enforcement of construction site compliance is not maintained by NIST. SOP 2 contains some information on construction site enforcement procedures, but the delineation of enforcement authority between NIST Safety, Health, and Environment Division (BSHED) Staff and Contracting Officer Representatives (CORs) and escalating degrees of enforcement mechanisms are not clearly documented in the SMWP or other records reviewed.
Permit requirement: Part 2.5.2 of the permit states, "Use an ordinance or other regulatory mechanism available under the legal authorities of the permittee to require erosion and sediment controls and sanctions to ensure compliance with the terms of the NPDES General Permit for Stormwater Discharges for Construction Activity in Colorado, COR10000F (i.e., the Construction General Permit (CGP))."
Part 2.5.3 of the permit states, "Maintain a list of policies and procedures which can be used to enforce construction site compliance within the Department of Commerce, Boulder Laboratories independent of EPA staff directly enforcing the CGP."
Part 2.5.15.3 of the permit states the SWMP must contain, "A description of the sanctions and enforcement mechanisms Department of Commerce, Boulder Laboratories uses to ensure that construction activities disturbing equal to or greater than one acre of land are in compliance with the terms of the construction stormwater permit."
Corrective Action: On September 29, 2021, EPA received information from David Garrity that the SWMP will be updated by NIST to detail the enforcement process more clearly for noncompliance with the CGP. Provide the EPA with the updated SWMP that includes a more detailed and effective enforcement policy in response to noncompliance with the CGP.
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Finding 3: The current NIST COR construction site inspector has not been trained on construction stormwater controls or the terms of the CGP. A facility representative indicated that the current NIST COR construction site inspector has not been trained on the maintenance and installation of Best Management Practices (BMPs) for construction stormwater control and the terms of the construction stormwater permit.
Permit Requirement: Parts 2.2.3 of the permit states, "Provide and document training to fleet maintenance staff, site maintenance staff, Engineering, Maintenance, and Support Services (EMSS) construction project managers, and Contracting Office Technical Representatives (COTRs) to learn about the policies and procedures for maintaining construction site runoff controls, applicable industrial onsite Best Management Practices (BMPs), and management of stormwater runoff using post-construction stormwater controls."
Corrective Action: On September 29, 2021, EPA received information from David Garrity that training for construction CORs is under development. Provide the EPA with the construction site and stormwater control training descriptions, as well as documentation that CORs that have completed the required training. Finding #4: The COR construction site inspector does not utilize a construction site inspection checklist to document inspections. A construction site inspection checklist is not included in the SWMP and it is unclear whether the COR inspector utilizes a construction site inspection checklist form, or other documentation, and if it was the same form or documentation used by BSHED staff.
Permit Requirements: Part 2.5.8 of the permit states, "Maintain a site inspection form in the SWMP for use by NIST stormwater managers at sites which includes BMP maintenance specifications as required in the UDFCD Criteria Manual Volume 3."
Part 2.5.9 of the permit states, "Inspect, at least monthly, all construction projects for compliance with the terms of EPA's Construction General Permit or other applicable State or local requirements. For use in inspecting individual projects, use a construction site inspection checklist or other appropriate documentation specific to the construction stormwater permit."
Corrective Action: On September 29, 2021, EPA received information from David Garrity that the inspection checklist has been revised, and oversight inspection checklists include additional checkboxes to verify the COR has conducted monthly construction site inspections using the above-mentioned checklist. Both checklists were provided to EPA. On October 27, 2021, David Garrity provided the inspection reports for the monthly and quarterly inspections conducted on October 12, 2021. No further action is needed. Finding #5: Inspections of active construction sites were not being conducted on a monthly basis. A facility representative indicated that, since April 15, 2021, inspections of active construction sites were not being conducted on at least a monthly basis as required by the permit.
Permit Requirement: Part 2.5.9 of the permit states, "Inspect, at least monthly, all construction projects for compliance with the terms of EPA's Construction General Permit or other applicable State or local requirements. For use in inspecting individual projects, use a construction site inspection checklist or other appropriate documentation specific to the construction stormwater permit."
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Corrective Action: On September 29, 2021, EPA received information from David Garrity that there were no active construction sites under the CGP from July 2018 to April 2021, therefore no monthly inspections were required. Inspection reports prior to July 2018 were submitted to EPA. On April 15, 2021, the Wing 5 renovation project commenced, therefore monthly inspections were required to be conducted since the start of construction. On October 27, 2021, David Garrity provided the inspection reports for the monthly and quarterly inspections conducted on October 12, 2021. No further action is needed.
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