Presentation on theme: "Trends in Stormwater Permitting Joyce Brenner, P.E. Chief of Stormwater Policy, Planning, and Permitting Division of Environmental Analysis Caltrans Headquarters."— Presentation transcript:
Trends in Stormwater Permitting Joyce Brenner, P.E. Chief of Stormwater Policy, Planning, and Permitting Division of Environmental Analysis Caltrans Headquarters Road Ecology Meeting February 26, 2009
Overview Caltrans NPDES Permitting History Status of New Permit Upcoming Trends in Permitting Stormwater Quality Issues/Concerns Our Anticipated Tasks
Brief History on Caltrans NPDES Permit Originally 9 NPDES Permits Consolidating Caltrans permitting with the State Board to insure statewide consistency. Statewide Permit issued in 1999
Awaiting new NPDES Permit Statewide NPDES permit term ended in 2004, administratively extended Continue to operate under current permit New Draft Permit expected ??? Public Comment Period ??? Workshops ??? Adoption??
Anticipated new NPDES Permit Extensive Location-specific Requirements Hydromodification (pre-post hydrologic balance) Proposed New Construction Permit Requirements TMDLs and 303d listings of Impaired waterbodies
303(d) Listed 1,780 pollutant/ waterbody combinations listed Stakeholder in more than 40 TMDLs Potential for up to 200+ TMDLs
401 and NPDES Permit 40 Section 401 water quality certification should be consistent with beneficial uses identified in the Basin Plan Section 401 certification should contain reference to the beneficial uses to be protected, and link the conditions to restoring, or maintaining past, present, and/or probable beneficial uses. Address early in the project to avoid delays Part of NPDES permit water quality requirements – permit requires compliance with water quality standards
Current Compliance Tasks Water Quality issues have created challenges for project delivery Analysis at late stages of project delivery creates difficulties in modification of projects HQ has been working with the State Water Board, Districts working with 9 Regional Boards on a project by project basis. Major changes are on the horizon. Changes driven by Regional Board initiatives
Anticipated Compliance Requirements Planning/Environmental review Increased focus on watershed impacts and mitigation New numeric limitations on pollutants and runoff volume Increased right-of-way for treatment, flow controls: ponds, grass swales, and infiltration of runoff More collaboration with locals TMDLs for “impaired” waterways will require retrofit treatment controls Design Limit runoff – no increase in volume, duration Low impact development (LID) – change from end-of-pipe treatment to “holistic” controls Technology to meet specific numeric limits on pollutants Controls during construction – can’t leave it to contractor
Anticipated Compliance Requirements Construction Approval process for sediment controls in addition to established BMP’s – possible delay Controls during construction – can’t leave it to contractor Treatment costs to control runoff turbidity for some sites with fine soils: chemical addition and filters More public oversight – all site documents posted Maintenance Increased costs to manage all treatment controls More institutional controls
Current – Anticipated Compliance Requirements DEA (Division of Environmental Analysis) More program effort – extensive tracking, reporting Management Government focus on costs – are all TMDLs doable? Need support from other agencies – e.g., legislation to reduce copper from brake pads
Recent Modifications in Analysis Maximum Extent Practicable (MEP) – Statewide Interpretation “NPDES permits issued for MS4 stormwater discharges require controls to reduce the discharge of pollutants to the Maximum Extent Practicable (MEP)… Water quality requirements in our statewide permit: stormwater discharges may not cause or contribute to exceedance of water quality standards.” Design Staff: Modifications to Project Planning Design Guide (PPDG) December 2008 Interim Scoping Questionnaire for Water Quality Issues http://pd.dot.ca.gov/env/stormwater/tech_notes/tech_notes.ht m Projects that require a 401 certification should evaluate the feasibility of post construction BMPs, to insure that water quality standards are met.
New SER Language Proposal WQ section will include a discussion of watersheds and receiving waters that are potentially affected by the project A checklist to assess water quality impacts will be used until final guidelines for water quality assessment are adopted
Questions? Joyce Brenner, P.E. Chief of Stormwater Policy, Planning, and Permitting Division of Environmental Analysis Caltrans Headquarters (916) 653 2512 firstname.lastname@example.org