TPDES Permitting: Municipal Separate Storm Sewer Systems (MS4s) Updates Lower Rio Grande Valley 18 th Water Quality Management & Planning Conference May 18, 2016 Rebecca L. Villalba Texas Commission on Environmental Quality Stormwater & Pretreatment Team Water Quality Division (512)

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 §§ and  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  Option 1: Traditional general permit approach Prescriptive general permit  Option 2: Procedural approach 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  Choose Option 1 or 2, or a hybrid

NPDES Phase II MS4 Remand Rule Option 2 and Texas Approach  Texas 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 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 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 §§ and  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:

NPDES Phase II MS4 Remand Rule 40 CFR §§ and  Summary of TCEQ comments 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 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: electronic-reporting-rule electronic-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 WQ  Application received March 18, 2013  Coverage will replace 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 WQ  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 TxDOT approved draft permit

TxDOT Statewide Individual MS4 Permit WQ  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 Submitted response to comments to EPA  February 2016 – EPA approved permit

TxDOT Statewide Individual MS4 Permit WQ  Structure of Permit Combined Phase I and Phase II MS4 permit requirements Requirements for discharges into impaired waterbodies similar to Phase II MS4 GP TXR Provisions for enforcing the program as a non- traditional MS4 Develop a SWMP with five MCMs Level 2 MS4 provisions from Phase II MS4 GP TXR Phase I MS4 provisions from TxDOT Phase I permits

TxDOT Statewide Individual MS4 Permit WQ  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 Level Level Level Level 4 - 1

Phase II MS4Authorization No.MS4 LevelIssued Date AlamoTXR /17/2015 AltonTXR /27/2015 BrownsvilleTXR /26/2015 Cameron CountyTXR /9/2015 Cameron County Drainage District #1TXR /20/2015 DonnaTXR /4/2015 EdinburgTXR /25/2015 La FeriaTXR /17/2015 La JoyaTXR Pending Los FresnosTXR /4/2014 MissionTXR /17/2015 PalmviewTXR Pending PrimeraTXR /4/2015 San BenitoTXR /25/2015 San JuanTXR /4/2015 WeslacoTXR /9/2015

Phase II MS4 General Permit  Minimum Control Measures (MCMs) 1.Public Education, Outreach, and Involvement 2.Illicit Discharge Detection and Elimination 3.Construction Site Stormwater Runoff Control 4.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, 2016TCEQ received the LRGV Stormwater Task Force January 4, 2016 Report spans the dates of August 14, 2014 – September 30 th 2015Report spans the dates of August 14, 2014 – September 30 th 2015 Report is currently undergoing technical review by the TCEQ stormwater teamReport 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 PermitTechnical review is based on the reporting requirements listed in the Phase II MS4 General Permit All information submitted is consideredAll information submitted is considered A letter with a copy of the checklist will be mailed to each coalition member once review is completedA 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 coalitionClearly listed all of the Permittees in the coalition Members of the coalition worked togetherMembers of the coalition worked together Explanation in narrative of when tasks will be completedExplanation in narrative of when tasks will be completed

Room for Improvement 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 Segments the coalition discharges toSegments the coalition discharges to Bacteria, DDE*, DDO, Mercury, and PCBs*2201- Bacteria, DDE*, DDO, Mercury, and PCBs* Bacteria, DDE*, Mercury, PCBs*2202- Bacteria, DDE*, Mercury, PCBs* Not listed on Texas Integrated Report2301- Not listed on Texas Integrated Report Bacteria2302- Bacteria Bacteria, DDO2491- Bacteria, DDO Bacteria2494- 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 sourceFind out if the MS4s are a source Report findings in the annual reportReport findings in the annual report If the MS4s are a source, develop targeted controls for the pollutant of concernIf the MS4s are a source, develop targeted controls for the pollutant of concern Submit an NOC for the changes, if applicableSubmit 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 Impaired waterbodies do not meet WQ standards Category 4 – Completed TMDLs or other strategy Category 5 – Planned TMDL/ strategy, 303(d) list Map of Water Quality Status TCEQ Surface Water Quality Viewer TX Integrated Report Index of Water Quality Impairments Segments with a TMDL

Annual Report Template Current form is TCEQ (Rev May 2016)Current form is TCEQ (Rev May 2016) Designed to be user friendly for both the MS4 and TCEQ staffDesigned to be user friendly for both the MS4 and TCEQ staff Covers all reporting requirementsCovers all reporting requirements Current form is available on the TCEQ forms pageCurrent form is available on the TCEQ forms page

TCEQ Feedback Communication is key!Communication is key! Small Business & Local Government Assistance can also help answer questionsSmall Business & Local Government Assistance can also help answer questions

TPDES Stormwater Program Contacts Stormwater & Pretreatment Team Stormwater & Pretreatment Team Team Leader: Rebecca L. Villalba Team Leader: Rebecca L. Villalba Stormwater Permit Coordinators Stormwater Permit Coordinators Lindsay GarzaLindsay Garza Hanne Lehman NielsenHanne Lehman Nielsen Dan SiebeneicherDan Siebeneicher Gordon CooperGordon Cooper Ryan BucekRyan Bucek Kent TredeKent Trede Elizabeth DickinsonElizabeth Dickinson

Contact Information  Small Business and Local Government Assistance (SBLGA) (800)  Permitting Information (Technical) (512)