TPDES Permitting Municipal Separate Storm Sewer Systems (MS4s) Updates

TPDES Permitting Municipal Separate Storm Sewer Systems (MS4s) Updates
Trade Fair May 5 - 6, 2015 Hanne Lehman Nielsen and Rebecca Villalba Texas Commission on Environmental Quality Stormwater & Pretreatment Team Water Quality Division (512)

Outline of Presentation
Municipal Stormwater Permitting Phase I versus Phase II Requirements of Regulated MS4s Developing a Stormwater Management Program Annual Reports Status of Application Review Process Under the phase II program we will cover how the status of the processing the Phase II applications, what requirements phase II MS4s needs to meet. When are annual reports due and status of reviewing applications under the newly issued Phase II MS4 GP

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. Stormwater runoff is generated when precipitation from rain and snowmelt events flow over land or impervious surfaces and does not percolate into the ground. The curb and gutter system is a part of the MS4, and the stormwater flows into the grate and then to storm pipes, which are also part of the MS4. The two images shows a sign with the text “no dumping, drains to bay” and the other image shows a stormwater control.

Phase I MS4s Medium and Large
Municipal population 100,000+ (1990 Census) Includes public entities within jurisdictional boundaries of the city TxDOT, universities, some others Universe: 26 TPDES permits Some include coalitions (about 50 permittees) First renewals submitted summer of 2010 Last renewals submitted spring of 2014 Individual permits. Original applications were sent to EPA in No new phase 1 permits will be issued. Coverage is provided for all areas within Jurisdictional Boundaries such as city limits, TxDOT ROW within the city limits, universities within a regulated city based by rule, on 1990 US Census. No new permits will be added to the phase I program

Requirements of Phase I MS4s
Develop a Stormwater Management Program to address Minimum Control Measures Public Education and Outreach/Public Involvement and Participation Pollution Prevention/Good Housekeeping for Municipal Operations MS4 Maintenance Activities Illicit Discharge Detection and Elimination Construction Site Runoff Post-Construction Control Measures Industrial & High Risk Runoff Content of Permits More similar to phase II – combined program elements into 8 categories and renamed them Minimum Control Measures (MCMs)

Perform Monitoring – Three Options: Representative storm events, Representative rapid bioassessment, or Watershed monitoring - regional wet weather characterization program (Dallas-Fort Worth area) Coordinated by North Central Texas Council of Governments Program reviewed and approved by TCEQ Monitoring representative storm event is done in 2 seasons (Dry: March – August) and wet (Sep – Feb), from representative outfalls, internal sampling stations or in stream monitoring They can do representative rapid bio-assessment instead of outfall monitoring. Need to do at least 2 waterbodies and a reference site. Two times a year, same time period each year. The weathershed monitoring is a program reviewed and approved by TCEQ. The number of samples need to equal of exceed the storm event monitoring program

In addition to Water Quality Monitoring: Monitoring of Floatables Often required in two locations at a frequency two times per year Report collected amount Submit Annual Reports TCEQ reviews and provides feedback

Phase I MS4s Permit Renewals
EPA Review Requesting similar requirements as Phase II GP Priority areas List of construction sites Procedures for inspection of industrial sources Mapping requirements Impaired waterbodies with and without TMDLs Requesting to see inspection or audit reports completed by TCEQ List of priority areas – areas with more focus due to eg. old infrastructure, industrial areas, history of illicit discharges List of construction sites and inspection of industrial sources added to multiple permits We included a mapping of the MS4 system requirement. EPA strengthens the timeframes. First we had during the permit term, now they want existing areas mapped with a year and new areas mapped within 3 years. Discharges to impaired waterbodies and TMLD requirements similar to Phase II GP was suggested to Waco draft permit and last year and have been added to permits that were submitted later.

Phase I MS4s City of Abilene* City of Garland City of Amarillo
City of Arlington* City of Austin TxDOT Austin UT Austin City of Beaumont* TxDOT Beaumont City of Corpus Christi* City of Dallas TxDOT Dallas City of El Paso* City of Fort Worth* * Denotes co-permittees City of Garland City of Houston* TxDOT Houston City of Irving* City of Laredo* City of Lubbock* City of Mesquite North TX Tollway Authority City of Pasadena City of Plano Port of Houston Authority City of San Antonio* City of Waco* Denotes MS4 Phase I permittees with co-permittees – almost half of them. All of them have been reissued except 7 permits plus a statewide MS4 permit for TxDOT: Lubbock (EPA objection) Plano (EPA objection) City of Waco (EPA objection) City of Corpus Christi (with permittee to get response to our response to their comments) Houston Task Force (with permittee to get response to our response to their comments) San Antonio (will send our final round of response to their comments) Houston Port Authority (with permittee to get final acceptance of permit, then to EPA) TxDOT (working on response to their comments and region comments) Four permit will disappear: TxDOT Austin, TxDOT Dallas, TxDOT Beaumont and TxDOT Houston and TxDOT Permits that used to have TxDOT as copermitttee are being issued without TxDOT because TxDOT is applying for its own statewide individual permit.

TxDOT MS4 Statewide Individual Permit WQ0005011000
Image show the front page of the Texas Department of Transportation website.

Application received March 18, 2013 EPA and TCEQ agreed with concept Delays due to complexity of permit and legal implications Draft permit is currently going through internal reviews Coverage will replace 15 Phase I individual permits 19 Phase II authorizations under the Phase II GP Coverage will include New MS4 areas EPA and TCEQ and TXDOT had meetings in 2012 and TxDOT and TCEQ had meetings in 2013. It is a complex permit and there for delayed.

Permit Requirements Level 2 MS4 provisions from Phase II GP Phase I provisions from TxDOT Phase I individual permits

Transition Period Previous Phase I co-permittees reapply without TxDOT All requirements in Phase I permits need to be met TxDOT Phase I responsibilities will be transferred to statewide individual permit

Phase II MS4 General Permit
Notification letters sent to new and existing MS4s Permit documents on website: General permit Fact sheet ED response to comments We developed a list of new entities based on UA maps and TCEQ’s Water Utility Database and sent out notification letters to all existing and new entities. We sent the letter Dec. 12, 2013 – the same day the permit was at the Commission’s Agenda for adoption.

Phase II General Permit TXR040000 Regulates small MS4s located in a UA Issued December 13, 2013 – 5 year term First General Permit issued in 2007 406 approved notices of intent 66 waivers UA – an area of high population density as defined and used by the U.S. Census Bureau in the 2010 census Population density of at least 1000 people per square mile and a population of at least 50,000 Our universe under the 2007 GP was 406 NOIs and 66 waivers

Phase II MS4 General Permit Renewal
Applications Received 507 Notices of Intents (not all will be issued) 72 waivers Summary of Renewals Received Universe increased by almost 100 MS4s 200 new MS4 entities applied 80 previously regulated MS4s did not apply We had expected there would be about 350 new entities and that 30 cities would qualify for waivers. Only 200 new ones applied. 43 NOIs will not be processed for technical reviews because they include TxDOT , denials, and entered twice in database We expect there are almost 200 entities – 100 new ones and 100 previously regulated that did not apply

Urbanized Area (UA) UAs represent densely developed territory
A densely settled core of census tracts and/or census blocks meeting minimum population density requirements: A combined residential population of at least 50,000 people Overall population density of at least 1,000 people per square mile The Bureau of the Census determines UAs: The Census bureau’s UA represent densely developed territory, and encompass residential, commercial, and other non-residential urban land uses. For the 2010 Census, an UA will comprise a densely settled core of census tracts and/or census blocks that meet minimum population density requirements, along with adjacent territory containing non-residential urban land uses as well as territory with low population density included to link outlying densely settled territory with the densely settled core.

Urbanized Area (UA) US Census Bureau develops the UAs
UA maps illustrate defined boundaries of UAs in the form of a map EPA website regarding UA maps: TCEQ website regarding UA maps: To determine whether your area is in an urbanized area you can visit EPA’s or US Census UA maps. EPA does not plan to develop UA maps. US Census has already developed maps. US Census has shape files if needed for GIS TCEQ has link to the new UA maps on our “Assistance tools for stormwater permitting” webpages. The web pages link to the EPA website.

The map on the slide show the new 2010 urbanized areas in San Marcos
The map on the slide show the new 2010 urbanized areas in San Marcos. The map is published by the US Census Bureau.

Tiered Permitting Approach (based on population in the UA) Level 1: Up to 10,000 Level 2: 10,000 to 40,000 includes non-traditional MS4s Level 3: 40,000 to 100,000 Level 4: More than 100,000 Level 2 includes non-traditional MS4s such as MUDs, Counties, Drainage districts, transportation authorities Designation of applicable tier is based on population levels of most recent census at the time the NOI is submitted. No changes during the permit term.

Waiver Option from Permitting Requirements
Serves a population less than 1,000 in an UA and Discharge not contributing substantially to interconnected regulated MS4 No TMDL or WLA for an impaired waterbody that requires the MS4 to have additional controls Option 2 Serves a population under 10,000 and Receiving water has been evaluated No TMDL or WLA for an impaired waterbody that requires the MS4 to have additional controls Future discharge will not impair water body We don’t have any waivers under option 2 right now. Eligibility for waivers are made based on most recent census data.

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) as the Site Operator The 6 MCMs are: 1. Public education, outreach and Public involvement. 2. Illicit discharge detection and elimination, 3. Construction site storm water Runoff Control, 4. Post-construction storm water management in new development and redevelopment, 5.. Pollution prevention/ good housekeeping for municipal operations, 6. Industrial Stormwater Sources. The MS4s needs to establish measurable goals for each MCM to evaluate and assess the effectiveness for storm water controls /BMPs and the SWMP as a whole. The 7th MCM – authorizations for municipal construction activities - can be used as an alternative to the MS4 seeking coverage under the construction general permit (TXR150000)

Required Elements in Each MCM All levels – requirements in 40 CFR § and expired general permit Program Examples under the MCMs MCM1 - Public Education, Outreach, and Involvement E.g. Brochures, utility bills stuffers, billboard advertisements, websites, Public Notice Requirements Additional requirements for the higher levels examples: Everybody have the requirements that are in the current permit and in the fed. Regulations MCM1: educate public employees, business, and the general public about the impact of stormwater. Develop educational material such as printed material, billboards, television, tv, websites. Involve the public – at a minimum comply with state public notice requirements. Could also, consider using public input in implementing the program. Have opportunities to involve the public in control measures eg stream clean ups, storm drain stenciling, volunteer monitoring, Adopt a Highway programs, and educational acitivties

MCM 2 - Illicit Discharge Detection and Elimination E.g. Ordinance, MS4 map, detection techniques (screening etc.), enforcement procedures, illegal dumping hotlines, response procedures, etc. MCM 3 – Construction Site Stormwater Runoff Control E.g. Ordinance, site inspection, site plan review, construction site waste disposal requirements, hot lines, MS4 staff training, etc MCM 2 - Implement a program to detect, investigate, and eliminate illicit discharges in the MS4. The program must detect and address non-stormwater discharges, including illegal dumping to the MS4. Program must include: MS4 map, training field staff, facilitate public reporting of illicit discharge, such as by have a hot line. Develop procedures for how to respond to illicit discharges and spills. Large MS4 (more than ) need to identify priority areas likely to have illicit discharges and do dry weather field screening. MCM 3 – Construction site stormwater runoff control. Select, install, implement, and maintain stormwater control measures. Need to include an ordinance and sanctions to ensure compliance to require erosion and sediment control. Construction sites are required to implement erosion and sediment controls, review site plans, inspect construction sites, receive information from the public, train MS4 staff. Level 3 and 4 MS4 maintain a construction site inventory.

MCM 4 – Post Construction Stormwater Management in New Development and Redevelopment E.g. Ordinance, long term operation and maintenance of permanent BMPs, list of structural and non-structural BMPs, etc. MCM 5 – Pollution Prevention and Good Housekeeping for Municipal Operations E.g. Housekeeping procedures and BMPs at MS4 operations and maintenance sites, employee training, maintenance of structural controls, street sweeping, disposal of waste, etc. MCM 4 – Post construction Stormwater management in new development and redevelopment: Control stormwater discharges from new development and redeveloped public and private sites that disturb one acre or more, and less than one acre if part of a common plan of development. Use an ordinance to address the runoff. Require long term operation and maintenance of structural and nonstructural controls. MCM 5 – Pollution Prevention and Good Housekeeping for municipal operations: Develop an O+M program to prevent discharge of pollutants from municipal operations and municipal owned areas: Park and open space maintenance, street and road maintenance, vehicle and building maintenance, storm sewer maintenance, storage yards, municipal parking lots, waste transfer stations. Need in develop a list of MS4 facilities, train MS4 staff, waste disposal according to rules, Oversight of contractors,

MCM 6 – Industrial Stormwater Sources E.g. control pollutants from landfills, municipal waste facilities, hazardous waste facilities and other industrial facilities. Only required for Level 4 MS4s Optional 7th MCM – Municipal Construction May cover all municipal construction activities where the MS4 is the construction site operator No NOI required under the CGP TXR150000 MCM 6 – control stormwater from industrial facilities. Only for Level 4 MS4s. Control industrial stormwater sources. Inspect and implement control measures. Must include landfills, waste facilities, treatment, storage or disposal facilities for municipal waste. Optional 7th MCM – where the MS4 is the construction site operator

Applying for Coverage Develop and implement a comprehensive Stormwater Management Program (SWMP) Submit: Notice of Intent (NOI), Form TCEQ – 20368 SWMP Fee - $100 Paper only TCEQ performs technical review of SWMP Publish public notice in newspaper Opportunity for the public to view and submit comments on the NOI and SWMP SWMP is an enforcable document, we will review NOI and SWMP and provide feedback – hopefully in half a year. Will hire 4 contractors for 7 months to help with the review.

Phase II MS4 GP Renewal Developing a SWMP Existing Permittees
Assess previous program elements and goals Determine effectiveness Modify as necessary Develop and implement new elements New Permittees

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 Enter into agreements with clear delineation of responsibilities According to 40 CFR Part

Lists of Impaired Waterbodies CWA 303(d) List includes waterbodies with no TMDL (category 5) Index of Water Quality Impairments in the Integrated Report of Surface Water includes: impaired waterbodies with a TMDL (category 4) impaired waterbodies with no TMDL (category 5)

Discharges into Impaired Water Bodies without an Approved TMDL Determine if MS4 is source of the POC Include focused BMPs to reduce to the Maximum Extent Practicable (MEP) the POC Identify sources Modify program as necessary Include progress in annual report

Discharges to Impaired Waterbodies without a TMDL
The image shows a map of how MS4s discharging to impaired waterbodies without a TMDL are permitted

Discharges into Impaired Water Bodies with an Approved TMDL MS4 contributes to the impairment Describe targeted controls (BMPs) in SWMP and report progress in annual report Each BMP to include a measurable goal Identify a benchmark If pollutant of concern (POC) is bacteria Refer to I-Plan or use alternative BMPs Discharges into Impaired Water Bodies with an Approved TMDL MS4 contributes to the impairment Describe targeted controls (BMPs) in SWMP and report progress in annual report Each BMP to include a measurable goal Identify a benchmark If pollutant of concern (POC) is bacteria Refer to I-Plan or use alternative BMPs

Discharges into Impaired Water Bodies with an Approved TMDL Assess progress towards benchmark Use available data or collect monitoring data (instream or outfall) If no progress towards benchmark shown Identify alternative focused BMPs

Discharges to Impaired Waterbodies with a TMDL
the image shows a map of how MS4s discharging to impaired waterbodies with a TMDL are permitted

Phase II MS4 and Annual Reports
Must be submitted even though application might not have been approved Due 90 days after reporting year Flexibility selecting reporting year Fiscal year, calendar year, or permit year Reporting year can not change during the permit term The NOC was updated. More changes can be done to the SWMP without submitting an NOC – adding components, cont.rols or requirements to the SWMP or replacing a BMP with an equivalent BMP

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 (Form 20561) available: Template was updated to match new permit SBLG renewed the template for the annual report

Shared Programs Annual report for shared SWMPs to be system-wide (inclusive of all MS4s that share the plan) MS4s who share a SWMP must submit a (one) combined annual report Signature Requirements Each operator must sign the report per TAC §

Sample of a Measurable Goal Table
Sample of a measurable goal table. This information is available on the annual report template that was developed by TCEQ’s Small Business and Local Government Assistance Program.

Permit Year Option Fiscal Year (example) Option Date Action Dec. 2013 Permit effective date June 2014 (180 days) NOI + SWMP Dec. 2014 End of permit year Sept. 2014 Start of MS4 fiscal year March 2015 Year 1 Annual Report due (90 days from permit year) Sept. 2015 End of MS4 fiscal year Dec. 2015 (90 days from fiscal year) The image shows a table with an overview of when MS4s need to submit their NOI, SWMP and annual report. New MS4s: The first annual report needs to include all months since the permit effective date Existing MS4s: The first annual report needs to include all months since the end of last reporting period

Application Review Process
Administrative Review Water Quality Standards Review Review of SWMPs Public Notice Approval of public notice by MS4 Note: All MS4 entities gets contacted by TCEQ – quick responses facilitate issuance of authorizations All MS4s will be contacted to approve public notice. Help facility the application process by responding quickly to contacts from TCEQ

Lessons Learned by Review of SWMPs Many activities are being continued Some have no requirements for impaired waterbodies Some have vague implementation schedule General and qualitative measurable goals MCMs Various requirements are missing Seeing more coalitions formed Implementation schedule should be months and years. Very few are using months. MCMs – various requirements missing: MCM1: Listing of all 3 groups: General public, public employees and business. Many are forgetting public employees and busines MCM2: Forgettting to add procedure to prevent and correct leaking on-site sewage disposal systems MCM5: Contractor oversight is vague or completely missing in many SWMPs

Deficiencies Noted Segments missing or incorrect TMDL requirements not included Impairment requirements not included Not clear that Non-traditional MS4s only have Level 2 requirements Direct vs. indirect discharge

TCEQs Goal for Review Process All applications reviewed by end of 2014 Current Status (March 2015) Applications received: 507 NOIs and 72 Waivers Tech complete: 465 Issued: 423 NOIs and 38 waivers We had hired 4 contractors for 7 months to help with the technical review process. All have been reviewed and 43 of them will not be issued because they were 22 TxDOT NOIs, denials r entered twice in the database

Innovations in SWMPs Bumper stickers on municipal vehicles to promote SWMP MUDs using Rate Orders for regulating and enforcing SWMP Phone Apps for reporting

Current Permitting Activities Finishing up issuing authorizations Following up with notices not published Identifying MS4s that did not apply Additional Information Developed template ordinances Currently developing template SWMP Q&A document on TCEQ MS4 website Processing Notices of Changes Kelley said her region got questions about bacteria and sharing MS4s. Initially we have many questions regarding bacteria, but not so much anymore. We had a question about whether the benchmark value needed to be in the SWMP

Phase II MS4 Notice of Change
Notice of change (NOC) Changes to SWMP Updated form TCEQ – 20392 NOC is needed for Replace an infeasible BMP with an alternative BMP All other changes NOC is not needed for Adding BMPs or replacing a BMP with a similar BMP Non-substantive changes Annexing or de-annexing land The NOC was updated. More changes can be done to the SWMP without submitting an NOC – adding components, cont.rols or requirements to the SWMP or replacing a BMP with an equivalent BMP

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

TPDES Stormwater Program Contacts
Water Quality Division Rebecca L. Villalba, Stormwater & Pretreatment team leader Stormwater permit writers Hal Bailey Hanne Lehman Nielsen Dan Siebeneicher Lindsay Garza Kent Trede Lana D’Souza Ryan Bucek Kent, Lana and Ryan are contractors under the UT Arlington contract.

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

TPDES Permitting Municipal Separate Storm Sewer Systems (MS4s) Updates

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