1. Lessons Learned During Texas MS4 General Permit Development, Review and Implementation
EPA Region 6 MS4 Conference
July 28 – August 1, 2014
Jaya Zyman-Ponebshek, P.E., Assistant Director
Texas Commission on Environmental Quality
Water Quality Division
(512)

2. What is an MS4?
An MS4 is a publicly-owned or operated stormwater drainage system
Designed to collect or convey stormwater
Includes storm drains, pipes, ditches, gutters, etc.
I am sure you all know this, but just in case……The curb and gutter system is a part of the MS4, and the storm water flows into the grate and then to storm pipes, which are also part of the MS4.

3. Which MS4s are Regulated?
Medium and Large MS4s (Phase I)
Individual Permits
Based on jurisdictional boundaries in 1990 Census (1000,000 +)
Public entities
Certain Small MS4s (Phase II)
TCEQ General Permit
Individual permit – option
Based on urbanized area (UA) boundaries based on most recent Census
In Texas all small MS4s are regulated via a general permit. The focus of this presentation is on the lessons learned for both, TCEQ and the regulated community, during the development and implementation of this general permit.
50 entities under 25 Ips
Over 800 entities under the GP

4. Phase II MS4 General Permit
Phase II General Permit TXR040000
Small MS4s located in an urbanized area (UA)
Renewed December 13, 2013 – 5 year term
Previous permit
400 approved authorizations
66 approved Waivers
New Permit (due to new UA’s in 2010 Census)
800 expected authorizations
130 expected waivers
UA – an area of high population density as defined and used by the U.S. Census Bureau in the 2010 census (before we used the 2000 census)
We just renewed our original permit in Dec 3, 2013 and we have now 7 years under our belt of experience with this permit plus the experience of gathered during this controversial renewal.
This renewal was very challenging for multiple reasons:
Unlike other GPs, this one required significant changes and it brought many new and inexperienced regulated entities through the 2010 census data
EPA had made it clear that more requirements had to be added given the adaptive management approach to this program.
The balancing concerns of stakeholders and the regulatory drivers were extremely challenging
It became evident that we were going to need a slightly different approach on this permit.
Additional stakeholder involvement
Engaging the help of associations that represent MS4s to disseminate information (TML, NTCOG, etc.)
Additional engagement with EPA and through our own executive management at TCEQ and other programs at TCEQ

5. Stormwater Management Program
Implementation of SWMP
Develop a schedule
Implemented in yearly intervals over the 5 year permit term
Must be fully implemented at the end of the 5 year permit term
Possibility for Coalitions
Usually share a boundary or watershed
Each MS4 is responsible for own compliance
Shared responsibilities
Before I get into the lessons learned, at a glance, permittees need to develop a SWMP select which BMPs they will use for each MCM and develop an implementation schedule with measurable goals over the next permit term- 5 years. Full implementation in 5 years.
MS4s to choose BMPs to meet requirements. A lot of choices to make.

6. Content of SWMP Minimum Control Measures (MCMs)
Public Education, Outreach, and Involvement
Illicit Discharge Detection and Elimination
Construction Site Stormwater Runoff Control
Post-Construction Stormwater Management in New Development and Redevelopment
Pollution Prevention and Good Housekeeping for Municipal Operations
Industrial Stormwater Sources
Optional MCM for Construction done by the Permittee (MS4)
These are the MCMs

7. MS4 GP Phase II Annual Reports
Submit the original report to the TCEQ Stormwater & Pretreatment Team (MC 148)
Submit a copy of the report to the appropriate TCEQ regional office
Specify in the report cover letter that the TCEQ Regional Office has been sent a copy of the report
Retain a copy of the report on site
Annual Report template available:
Due by fiscal year, calendar year or permit year
In addition they have to submit an annual report documenting progress in meeting the SWMP’s BMPs for each MCM and evaluating their adherence to timelines and measurable goals.

8. Lessons Learned: Who needs to learn?
Other Stakeholders
Regulated Entities
Regulatory Agency
Who needs to learn?
TCEQ
MS4s
Consultants, associations, others

9. Lessons Learned: During General Permit Development
Make draft permits available on state website for easy access to stakeholders.
Involve other programs in the state that will impact the MS4s and permit requirements
Make sure requirements are feasible for various types of entities
Accommodate uniqueness of nontraditional MS4s
Involve stakeholders early on – prepare early versions of draft permit, so stakeholders can comment early on - even before EPA reviews. Iron out as many stakeholder concerns as possible. Revise draft permit based on stakeholder concerns.
We normally don’t share permit language with stakeholders, just concepts. For this one however, it was critical to share with stakeholders to reduce their anxiety and get their input, as we are doing for the domestic WWTP design criteria.
Coordinate with OCE, OLS, TMDL, Edwards Aquifer, etc.
Account for difference in sizes and jurisdictional/ enforcement authority
Involve stakeholders early

10. Lessons Learned: During General Permit Development continued…
Provide flexibility when possible
Accommodate limitations associated with city’s sizes
Think outside the box to provide ways to assess program elements other than through quantitative monitoring
Present stakeholders concerns to EPA early on and work together on a path forward that accommodates limitations while complies with minimum rule requirements
Provide tools and resources for the permittees to understand and comply with permit requirements
Communicate and educate the public and permittees about permit requirements and upcoming changes through meetings, seminars, conferences.
Decrease burden on smaller MS4s
Developed a tier approach for different sizes of MS4s
Developed a FAQ and technical guidance
Allowed progress to be monitored via qualitative methods (reduces SSOs, increase illicit discharge reporting, etc.)

11. Lessons Learned: During GP Implementation by MS4
Writing the SWMP:
Read the permit, know the deadlines, identify requirements vs. areas that are flexible
Research US census, water quality issues (impaired water bodies, TMDLs, Edwards Aquifer, other site specific issues or challenges unique to your MS4)
Collaborate with other departments, city managers, consultants, other agencies, and neighboring MS4s
If discharging to a TMDL watershed, consider the stormwater WLA (whether it is aggregate or disaggregate)
If a renewal, consider lessons learned – do not repeat same mistakes
So, the TCEQ is not the only one that did some learning…. MS4s compiled a lot of lessons learned after 6 years of permit implementation and they have shared their knowledge with us. I hope other regulated entities will find these lessons helpful.
Based on feedback from MS4s and our own review of their plans.
Identify requirements that apply to you by level and water body
Reach out to small business for assistance

12. Lessons Learned: During GP Implementation by MS4
Writing the SWMP Cont…
Focus Efforts on your biggest issues, your specific community issues, etc. Don’t try to do it all. Prioritize and evaluate and change priorities every permit term if warranted. Pick lowest hanging fruit and pick issues where you will get the most bang for the buck.
Set Realistic Goals- do not overcommit. Commit to minimum requirements and exceed them.
Remember things in the permit do not qualify for 309 grant money.
Prioritize and combine BMP implementation
Evaluate what gives you the biggest environmental benefit for the lowest cost and resources
If you committed to street sweeping and your budget wont be there, don’t commit again. Find something else.

13. Lessons Learned: During GP Implementation by MS4
Implementing the SWMP
Ask for help across your city staff, state and federal agencies, and neighboring communities. You are not alone!
Do not reinvent the wheel. Use materials already prepared by the state or EPA or other neighboring communities. Discuss what has worked for communities similar in size and issues as yours and learn from their mistakes and successes. DO NOT COPY EACH OTHERS PLANS
Focus on education and prevention. Be proactive rather than reactive.
Steal, borrow documents from other sources (PA, TYCEQ, others states, other MS4s)
Do not blindly copy others plans.

14. Lessons Learned: During GP Implementation by MS4
Evaluating progress
Monitoring progress
Review quarterly
Coordinate with other MS4s or entities to gather published data
Pace your plan
Send reminders (to whom?)
Assessing value
Measure impacts
Track costs
Evaluate cost vs. benefit
Making changes
Make changes as needed. Don’t retain something is not working or is not benefiting the program for the cost. Each permit term is a great opportunity to start clean and change or remove BMPs to make them more cost-effective and beneficial.
As needed make changes during the permit term through NOC
Compliance challenges and applying adaptive management as your system progresses from one permit cycle to the next
Lessons Learned: During GP Implementation by MS4
Evaluating progress
Monitoring progress
Review quarterly
Coordinate with other MS4s or entities to gather published data
Pace your plan
Send reminders to those in your team
Assessing value
Measure impacts
Track costs
Evaluate cost vs. benefit

15. Lessons Learned: During GP Implementation by MS4
Evaluating progress continued…
Making changes
Make changes as needed. Don’t retain something is not working or is not benefiting the program for the cost. Each permit term is a great opportunity to start clean and change or remove BMPs to make them more cost-effective and beneficial.
As needed make changes during the permit term through NOC
Consider compliance challenges and apply adaptive management as your system progresses from one permit cycle to the next
Don't wait till year 5
Use the learning from one permit term into the next one

16. Lessons Learned: SWMP Review by TCEQ
• Don’t copy each other’s plans. Only retain items that are suitable to your unique needs and funding • When possible, coordinate with neighboring MS4s or other MS4s of similar size to observe what type of activities possibly fit your MS4, and which ones you can adopt and use during the permit term. • Don’t overcommit. • You can’t just eliminate BMPs. Need to replace it with another equivalent BMP. • If you want to go beyond minimum requirements, do so outside the permit and get additional 309 grant money if needed. • If you are a new MS4, don’t plan too much for the first year or two while the plan is being reviewed.

17. Lessons Learned: SWMP Review by TCEQ
Make your implementation schedule realistic. Don’t try to pack too much and push it back a year every year making your year 5 impossible at the end of the permit term.
Make sure to meet minimum requirements. If a certain MCM does not apply to your MS4, please briefly document why under that section in the SWMP, do not leave that MCM completely out otherwise we will assume it is missing and incomplete.
List correct segment names and numbers. Refer to correct CWA 303(d) List and list of approved TMDLS. In Texas, we have the 2012 Texas Integrated Report Index of Water Quality Impairments for a list of segments with both Category 4 and 5 impairments.

18. Lessons Learned: Annual Report Review by TCEQ
List program activities that are effective for your MS4 and used continuously each permit year as “Ongoing” instead of “Incomplete”.
Summarize activities.
Quantify as much as possible to show progress. Give percentages on how close you are to meeting the goals.

19. TCEQ Web Links Stormwater Home Page
Small Business and Local Government Assistance

20. TPDES Stormwater Program Contacts
Water Quality Division
Jaya Zyman-Ponebshek, Assistant Director
Rebecca L. Villalba, Stormwater & Pretreatment team leader
Stormwater permit writers
Hal Bailey
Hanne Lehman Nielsen
Dan Siebeneicher
Lindsay Garza

21. Contact Information
Small Business and Local Government Assistance (SBLGA)
(800)
Stormwater NOI/NEC/NOT Status
(512)
Permitting Information (Technical)
(512)

22. Any Questions?