Water Works: Realize the Benefits of Nationally Recognized MTD Performance-Verification Protocols

In a previous professional capacity, I managed a post-construction stormwater management program for a relatively small locality. It was a fulfilling role, although perhaps not outwardly glamorous. It was a “one-man-band” situation—I joke that the only thing I didn’t have to do was serve as the animal control officer. Resources were tight, time was valuable and prioritizing tasks became necessary. Redundancy was to be avoided, unless I was filling out triplicate forms for any expenditure.

This experience still resonates now as I travel across the country in my current role as a regulatory manager working to improve stormwater management policies, particularly when discussing the utilization of innovative stormwater manufactured treatment devices (MTDs) and properly assessing their pollutant-removal performance.

Don’t Waste Time and Resources

We’re at a crossroads now in the stormwater management field where every pound of total suspended sediment (TSS), total phosphorus (TP), total nitrogen (TN) or any other pollutant of concern removed is critical toward achieving permit compliance and meeting community goals to clean up our local waterways. Based on my experience, I can appreciate healthy levels of doubt regarding innovative practices unless they prove capable of meeting performance expectations or regulatory requirements. However, too often I see well-intentioned professionals making unnecessary work for themselves and their programs or clients by creating overcomplicated or unachievable performance-evaluation policies.

Simply put, reputable and robust nationally recognized performance protocols currently exist, so there’s no need to reinvent the wheel. Implementing local policies that offer reciprocity to MTDs evaluated by these established programs and pairing the resulting data with local rainfall and design criteria eliminates the need and burden of reevaluating technologies in every jurisdiction.

This column describes the “gold standard” laboratory and field-based performance-evaluation programs as well as some benefits associated with implementing policies utilizing reciprocity with these standards.

NJDEP MTD Certification

The New Jersey Department of Environmental Protection (NJDEP) MTD Certification program utilizes laboratory testing in accordance with technology-specific protocols to evaluate MTD performance. As the regulatory entity, NJDEP establishes program performance goals and applicable test protocols while also certifying MTDs that have successfully completed testing for use within the state.

The New Jersey Center for Advanced Technology (NJCAT), which is a public-private partnership that doesn’t have regulatory authority, serves as a technical resource throughout the process and ultimately verifies technologies have completed testing in accordance with the applicable protocol. This is an important distinction, because NJCAT can verify performance not consistent with NJDEP protocol at times, so only those MTDs that are NJCAT Verified and NJDEP Certified have completed testing in accordance with the NJDEP protocols making them eligible for use in New Jersey.

Currently the NJDEP protocols only evaluate TSS removal performance. New Jersey doesn’t currently regulate nutrients or other pollutants, so field testing is a more-viable means of establishing performance expectations for those pollutants. Hydrodynamic separators (HDSs) must meet a minimum 50 percent weighted TSS removal standard, while proprietary filter and biofiltration systems must meet a minimum 80 percent TSS removal standard. An MTD certified in the state of New Jersey has achieved full compliance with the established performance protocol and process.

TAPE

The Technology Assessment Protocol-Ecology (TAPE) field-monitoring program is managed by the Washington State Department of Ecology. TAPE requires long-term field-performance monitoring in strict accordance with the industry-leading protocol, utilizing real-world stormwater runoff to evaluate a wide range of pollutants, including TSS, TP and metals. The studied system must be monitored in the Pacific Northwest or at another location approved by the department based on the likelihood of producing representative pollutant loading conditions.

There are various levels of acceptance within the TAPE program. Only those MTDs obtaining a General Use Level Designation (GULD) have achieved full compliance with the monitoring protocol and performance goals. For example, an MTD with a GULD for TSS has demonstrated the ability to remove a minimum of 80 percent TSS, while an MTD with a GULD for TP has demonstrated the ability to remove a minimum of 80 percent TSS and 50 percent TP removal, respectively.

Reciprocity Benefits

There are numerous benefits to a local program granting reciprocity to MTDs that have been evaluated by these two nationally recognized standards, including the following.

Creates Resource Savings

Evaluating MTD performance testing data can be laborious. Staff time and money can be diverted to more critical local-program-specific tasks such as plan review and inspections vs. developing local MTD performance testing and data-analysis standards. Data transferability from the nationally recognized protocols can be applied broadly as long as sizing is adapted to local rainfall conditions and applicable design storms. Redundant testing and data review is a waste of valuable resources for all affected stakeholders.

Establishes an Equitable and Achievable Program Entry Point

All stormwater control measure (SCM) approval programs need appropriate guardrails to ensure performance goals are met. MTDs without proven data shouldn’t be allowed for use until they provide proof of compliance with recognized protocols. There are dozens of technologies that currently have valid certification through TAPE and NJDEP, so establishing these programs as a minimum standard doesn’t limit innovation or sacrifice the goal of improving performance certainty.

Allows for Easier Integration With the National Performance Verification Program

Standardization of SCM performance testing at the national level via the Stormwater Testing and Evaluation for Products and Practices (STEPP) program has been ongoing for nearly a decade. STEPP will independently evaluate MTDs and public-domain SCMs alike using ASTM International field and laboratory performance-monitoring standards. The TAPE and NJDEP protocols form the foundation of those standards. Significant progress has been recently demonstrated with the launch of STEPP Trash Capture Device verifications. Additional progress on HDS verifications is expected soon with filtration and biofiltration verifications following later. Adopting TAPE and NJDEP locally now is a proactive step toward adopting STEPP and could significantly reduce the need for future regulatory changes.

The goal of any SCM performance-monitoring program is to provide certainty that pollutant-removal expectations will be met. Respective to MTDs, establishing approval policies providing reciprocity with the nationally recognized protocols of TAPE and NJDEP is a surefire way to meet that need while allowing much-needed innovation in stormwater management.

If you haven’t already done so, go ahead and adopt these robust protocols. It will reduce a staff-resource burden and set your programs up for future standardization at the national level. Your local streams also will benefit.