Transcript TCEQ MS4 Program Update - Lower RGV Stormwater Management

TPDES Permitting:
Municipal Separate Storm Sewer
Systems (MS4s) Updates
Lower Rio Grande Valley
18th Water Quality Management &
Planning Conference
May 18, 2016
Rebecca L. Villalba
Texas Commission on Environmental Quality
Stormwater & Pretreatment Team
Water Quality Division
(512) 239 4671
Quick Overview
 Proposed Federal Phase II MS4
Remand Rule
 Final Federal Electronic Reporting
Rule
 TxDOT Statewide Permit Update
 Annual Reports
NPDES Phase II MS4 Remand Rule
40 CFR §§122.33 and 122.34
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Proposed rule published in Fed. Reg. Jan. 6,
2016
 Proposal includes three options for states to
administer their Phase II MS4 programs
• Option 1: Traditional general permit approach
• Option 2: Procedural approach
• Option 3: State choice approach
NPDES Phase II MS4 Remand Rule
Options
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Option 1: Traditional general permit approach
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Option 2: Procedural approach
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Prescriptive general permit
Less prescriptive general permit
MS4s develop a Stormwater Management
Program (SWMP)
States review the SWMPs – enforceable
Only a couple of states have Option 2
Option 3: State choice approach
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Choose Option 1 or 2, or a hybrid
NPDES Phase II MS4 Remand Rule
Option 2 and Texas Approach
 Texas
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Process
Similar to Option 2
TCEQ develops a general permit with Minimum
Control Measures (MCMs)
General permit is not prescriptive, allows flexibility
TCEQ publishes Public Notice in the newspaper
and Texas Register
Public can comment on the general permit – 30
day comment period
Public Meeting held on the last day of the
comment period
NPDES Phase II MS4 Remand Rule
Option 2 and Texas Approach
 Texas
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Process
MS4 develops SWMP that addresses each MCM
MS4 submits Notice of Intent (NOI)
TCEQ conducts administrative and technical
review of NOI
TCEQ conducts technical review of the SWMP
MS4 publishes Public Notice in the newspaper
once the SWMP is technically complete
• 30 day comment period
• Opportunity for a Public Meeting
NPDES Phase II MS4 Remand Rule
Option 2 and Texas Approach
 Texas
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Process
NOI and SWMP are approved and authorization
issued
• SWMP is an enforceable document!
• Certain changes to SWMP need to be submitted
to TCEQ for review and approval
• Notice of Change (NOC)
NPDES Phase II MS4 Remand Rule
40 CFR §§122.33 and 122.34
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EPA states that the rule would not establish new
requirements on MS4s
 Comments on the rule were due March 21, 2016
 TCEQ comments on the rule are available at:
https://www.tceq.texas.gov/agency/nc/Water_Issues.html
NPDES Phase II MS4 Remand Rule
40 CFR §§122.33 and 122.34
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Summary of TCEQ comments
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TCEQ supports Option 3 to provide greatest flexibility
to states
TCEQ also supports option 2 since it is most similar to
TCEQ’s small MS4 program
Changes to the NOI / SWMP after approval should
not require public notice
TCEQ does not support EPA reviewing NOI and
SWMPs prior to TCEQ’s approval
Final EPA NPDES
Electronic Reporting Rule
New Federal Regulation
40 CFR Part 127
 NPDES Electronic Reporting Rule was final
Dec. 21, 2015
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Rule requires electronic submittal of NOIs, Discharge
Monitoring Reports (DMRs), and other periodic
reports
Appendix A of 40 CFR Part 127 lists all elements that
need to be reported electronically
Final rule documents available at EPA’s website:
http://www2.epa.gov/compliance/proposed-npdeselectronic-reporting-rule
New Federal Regulation
40 CFR Part 127
 When are documents due to be submitted
electronically?
• DMRs must be submitted electronically by
Dec. 21, 2016
• Phase II MS4 NOIs and Annual Reports
• Required to be submitted electronically by
Dec. 21, 2020
• TCEQ may require this earlier with the
2018 general permit renewal
TxDOT MS4 Statewide Individual Permit
WQ0005011000
 Application received March 18, 2013
 Coverage will replace
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15 Phase I individual permits
19 Phase II authorizations under the Phase II GP
 Coverage will include 22 new Phase II MS4 areas
Image of
TxDOT home
page
TxDOT Statewide Individual MS4 Permit
WQ0005011000
 Individual Permit Development Process
• Permit writer developed draft permit, fact sheet
and public notice
• TCEQ, TxDOT, and consultant worked closely on
permit provisions
• Coordinated major issues with legal and
management throughout
• Delays due to complexity of permit and legal
implications
 Internal TCEQ review – Water Quality Division, Legal,
Regional Offices, and other programs such as Edwards
Aquifer
 June 2015 - TxDOT approved draft permit
TxDOT Statewide Individual MS4 Permit
WQ0005011000
 Individual Permit Development Process
• EPA review – 45 day review period
• Response sent to TCEQ August 2015
• EPA objections
• Eleven Comments and two recommendations
 TCEQ respond to comments
• Worked with TxDOT to respond to comments
• November 2015 - Submitted response to comments
to EPA
 February 2016 – EPA approved permit
TxDOT Statewide Individual MS4 Permit
WQ0005011000
 Structure of Permit
• Combined Phase I and Phase II MS4 permit
requirements
• Requirements for discharges into impaired
waterbodies similar to Phase II MS4 GP TXR040000
• Provisions for enforcing the program as a nontraditional MS4
• Develop a SWMP with five MCMs
• Level 2 MS4 provisions from Phase II MS4 GP
TXR040000
• Phase I MS4 provisions from TxDOT Phase I
permits
TxDOT Statewide Individual MS4 Permit
WQ0005011000
 Public Notice
• April 8, 2016 – TxDOT published notice
• Draft permit available in each TxDOT district office
• Comment period ended May 16, 2016
 Public Comment Period
• TCEQ received several Public Comments
• TCEQ received four requests for Public Hearing
 Final Steps
• Respond to public comments
• Hold Public Hearing?
• Lengthy process
• Issuance of permit
Lower Rio Grande Valley (LRGV)
Stormwater Management Program
 LRGV TPDES Stormwater Task
Force - unique regional approach
• 16 local governments facilitated by
Texas A&M University – Kingsville
• Includes MS4s
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Level 1 - 5
Level 2 - 8
Level 3 - 2
Level 4 - 1
Phase II MS4
Authorization No.
MS4 Level
Issued Date
Alamo
TXR040289
2
2/17/2015
Alton
TXR040162
2
2/27/2015
Brownsville
TXR040264
4
3/26/2015
Cameron County
TXR040051
2
2/9/2015
Cameron County Drainage District #1
TXR040236
2
4/20/2015
Donna
TXR040165
2
2/4/2015
Edinburg
TXR040323
3
2/25/2015
La Feria
TXR040286
1
2/17/2015
La Joya
TXR040288
1
Pending
Los Fresnos
TXR040270
1
2/4/2014
Mission
TXR040168
3
2/17/2015
Palmview
TXR040536
1
Pending
Primera
TXR040002
1
2/4/2015
San Benito
TXR040161
2
2/25/2015
San Juan
TXR040167
2
2/4/2015
Weslaco
TXR040262
2
2/9/2015
Phase II MS4 General Permit
 Minimum Control Measures (MCMs)
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Public Education, Outreach, and Involvement
Illicit Discharge Detection and Elimination
Construction Site Stormwater Runoff Control
Post-Construction Stormwater Management
in New Development and Redevelopment
5. Pollution Prevention and Good
Housekeeping for Municipal Operations
6. Industrial Stormwater Sources
7. Optional MCM for Construction done by
the Permittee (MS4)
Annual Report
• TCEQ received the LRGV Stormwater Task Force
January 4, 2016
• Report spans the dates of August 14, 2014 –
September 30th 2015
• Report is currently undergoing technical review by the
TCEQ stormwater team
• Technical review is based on the reporting
requirements listed in the Phase II MS4 General Permit
• All information submitted is considered
• A letter with a copy of the checklist will be mailed to
each coalition member once review is completed
Great Job!
• Clearly listed all of the Permittees in the coalition
• Members of the coalition worked together
• Explanation in narrative of when tasks will be
completed
Room for Improvement
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Use the current TCEQ annual report template
Wet ink signatures are required on the certification page
Section D for Impaired Waterbodies should be completed
for all impairments
List all active BMPs on all tables
• List future BMPs in Section E. Stormwater Activities
Include the number of construction activities
Submit a report for each year
• Due within 90 days of the end of the fiscal year
BMPs in progress – do not indicate that they were met
Impaired Waterbodies
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Segments the coalition discharges to
• 2201- Bacteria, DDE*, DDO, Mercury, and PCBs*
• 2202- Bacteria, DDE*, Mercury, PCBs*
• 2301- Not listed on Texas Integrated Report
• 2302- Bacteria
• 2491- Bacteria, DDO
• 2494- Bacteria
One Watershed with a TMDL
• Arroyo Colorado
• Impairment – DDE in edible tissue
*Legacy pollutants do not need to be addressed in
the annual report
How are the Impairments Addressed?
• Find out if the MS4s are a source
• Report findings in the annual report
• If the MS4s are a source, develop targeted
controls for the pollutant of concern
• Submit an NOC for the changes, if applicable
• Submit NOC separately – do not include with
annual report
• TCEQ performs administrative and/or technical
review of NOCs
Tools for Impaired Waterbodies for
Stormwater Permits
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Impaired waterbodies do not meet WQ standards
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Category 4 – Completed TMDLs or other strategy
Category 5 – Planned TMDL/ strategy, 303(d) list
Map of Water Quality Status
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TCEQ Surface Water Quality Viewer
http://tceq4apmgwebp1.tceq.texas.gov:8080/segments/default.htm
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TX Integrated Report Index of Water Quality Impairments
https://www.tceq.texas.gov/waterquality/assessment
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Segments with a TMDL
https://www.tceq.texas.gov/waterquality/tmdl/nav/tmdlsegments
Annual Report Template
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Current form is TCEQ-20561 (Rev May 2016)
Designed to be user friendly for both the MS4 and
TCEQ staff
Covers all reporting requirements
Current form is available on the TCEQ forms page
TCEQ Feedback
• Communication is key!
• Small Business & Local Government
Assistance can also help answer questions
TPDES Stormwater Program
Contacts
Stormwater & Pretreatment Team
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Team Leader: Rebecca L. Villalba
Stormwater Permit Coordinators
• Lindsay Garza
• Hanne Lehman Nielsen
• Dan Siebeneicher
• Gordon Cooper
• Ryan Bucek
• Kent Trede
• Elizabeth Dickinson
Contact Information
 Small Business and Local Government Assistance
(SBLGA)
(800) 447-2827
www.texasenvirohelp.org
 Permitting Information (Technical)
(512) 239-4671
[email protected]