1. MS4 and Trading Considerations
LGAC
September 29, 2016

2. Outline MS4 Permitting Water Quality Elements Local Water Quality
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MS4 Permitting
Water Quality Elements
Local Water Quality
Pollutants of Concern
Effected Waters
Outline

3. Regulates discharges from collection system and land that drains to them
Technology Based
Public Education
Public Involvement
Illicit Discharge Detection and Elimination
Construction Site Stormwater control
Post-Construction Stormwater management
Pollution Prevention/Good Housekeeping
Basic Program
1srt Generation Focus – Now in 3+ generations
Compliance Rate is Low
MS4 Permitting

4. Water Quality Elements
NPDES Permits Must Also Contain WQBEL
Early generation permits technology orientated
Chesapeake Bay changed focus
General Approach
Develop Plans to Meet WLA for state approval
Plan – Specified Controls and multi-term Implementation Schedule
Bay Plans and Local TMDL Plans
Pace of Implementation is determined by MEP
Consider Financial and Technical Capability
Permit Writers Determination
Water Quality Elements

5. ComParison Bay Reductions – N, P, S 16%-40% Reduction
Pace determined in WIP: 2025 Timeframe
Local WLA – Pathogens, Metals, P, S (Volume issue)
80%+ Reduction
Multiple permit terms to achieve
Laid out in TMDL Implementation Plans
General Approach taken by the states:
Restore local hydrology
Address local impairments you address the Bay targets
ComParison

6. Can You Meet Your Local Allocations by Meeting the Bay Allocation?
Depends
Can You Meet Your Local Allocations by Meeting the Bay Allocation?

7. What are The Constraints?
Pollutants
Percent Reduction
Location
What are The Constraints?

8. Pollutant Trading ConSiderations
What if the pollutants are different?
Perhaps No Limitations on Trading
Need to Consider whether Controls have multi-pollutant benefit
What if some of the pollutants are the same?
How does trading effect the restoration of local water?
Multi-Pollutant Benefit
Delay in Restoration
Local Water Quality Implications
Pollutant Trading ConSiderations

9. Location: Case 1 What is effect of Local Water Quality?
Buyer
Seller
Buyer
Seller
Location: Case 1 What is effect of Local Water Quality?

10. Location: Case 2 What is effect of Water Quality?
Buyer
Seller
Location: Case 2 What is effect of Water Quality?

11. Location: Case 3 What is effect of Local Water Quality?
Seller
Buyer
Buyer
Seller
Location: Case 3 What is effect of Local Water Quality?

12. MS4 Trading Most Difficult of the Trading Scenarios
Rate of controls determined by MEP
What effect does trading have upon MEP
What effect does trading have upon local water quality restoration
How does this handle the volume issue
Needs to be revisited each permit term
Mechanism is Restoration Plans submitted with Application
Restrictions need to included in permit
Subject to EPA Review
Subject to Public Comment
MS4 Trading

13. Restoration Plans and Incorporation of Trading
Comprehensive Restoration Plans Key to Implementation
Explain the impairments being addressed
Inter-relationship of pollutants and controls available
Proposed level of Trading and BMPs to be installed
Where the credits will be obtained
What is impact upon local water quality and pace of restoration
How will this change in future permits
Permit Writer reviews
MEP is met
Water quality restoration as soon as possible
Restoration Plans and Incorporation of Trading

14. MS4 Trading: Other Considerations
Most progress is measured at the end of the permit term
Trading allows the possibility of obtaining reduction credits throughout the permit term, addressing impairments early
Trading May offer a more economical approach:
MEP may require a faster rate of local water quality restoration due to potentially more economic approach.
Prerequisites
Acceptable Trading Regulations and/or Technical Guidance
Permits constructed so as to allow trading
MS4 Trading: Other Considerations