Stormwater Construction General Permit (CGP) TXR150000 TCEQ Environmental Trade Fair May 2017 Lindsay Garza Stormwater and Pretreatment Team Water Quality Division

Construction General Permit TPDES Permit No. TXR150000 Effective March 5, 2013 The CGP and all issued authorizations expire at midnight on March 4, 2018 Authorizations: 21,200 NOIs 4 Waivers

Is Permit Coverage Required?

CGP Authorized Discharges Stormwater associated with construction and support activities Certain non-stormwater discharges

Construction Activity Soil Disturbance Clearing Grading Excavation Demolition Activities that disturb or expose soil

Can be either a primary or secondary operator Operator Defined Person or persons associated with a large or small construction activity Can be either a primary or secondary operator

Primary Operators Large Construction Sites Have on-site operational control over construction plans and specifications, including the ability to make changes Have day-to-day operational control activities at a site to ensure compliance with a stormwater pollution prevention plan (SWP3) and CGP permit

Are You A Primary Operator? If you answer YES to any question you are a primary operator. You are required submit a NOI. Do you have operational control over construction plans and specifications? Can you make changes to the plans and specifications? Do you have overall or day-to-day control of activities to ensure compliance with SWP3 and CGP?

Secondary Operator – Large Construction Sites Operational Control is Limited to: The employment of other operators OR The ability to approve or disapprove changes to the plans and specifications No day-to-day operational control over construction activities at the site

Stormwater Pollution Prevention Plan (SWP3) Site Map Pollution prevention procedures Estimated dates of construction activities Description of stormwater controls Procedures for inspections, maintenance, and corrective action

Primary Operator Requirements Large Site Construction Activities SWP3: develop, implement, and maintain a copy on-site (update as necessary) Notice of Intent (NOI): complete, submit, and pay application fee to TCEQ Copy of signed NOI: send to MS4 operator prior to starting construction activity Primary Operator Site Notice: post at site entrance Final stabilization requirements: must be met prior to termination of authorization Notice of Termination (NOT): send to TCEQ and a copy to the MS4

Secondary Operators Requirements Large Site Construction Activities SWP3: participate in the development (according to the permit requirements) and sign Secondary Operator Site Notice: complete and post at site entrance Notification to the local MS4 submit a copy of the site notice or alternative notification NOI, NOT ARE NOT REQUIRED

Requirements for Small Site Construction Activities Prepare and implement SWP3 Adhere to requirements of permit Post Small Site Notice Notify MS4, if applicable Requirements for Small Site Construction Activities NOI, NOT ARE NOT REQUIRED

Requirements for Construction Activities for Sites Less than 1 Acre Implement and maintain BMPs Notify MS4, if applicable SWP3, NOI, NOT are not required NOTE: Poor management of unpermitted sites may result in a violation or citation for unauthorized discharges or nuisance conditions.

Larger Common Plan of Development A construction activity completed in separate stages, phases, or in combination with other construction activities Identified by documentation showing the scope of the construction project Documentation may include plats, blue prints, marketing plans, contracts, building permits, zoning requests, etc.

TXR150000 Also Covers: Stormwater discharges from concrete batch plants located at construction sites must comply with Part IV of CGP Concrete truck washout water must be discharged to areas where structural controls are established as required by Part V of the CGP

Types of Construction Permits Authorization under TXR150000 Construction General Permit Individual Permits Types of Construction Permits

General Permit Authorization Applications Fee: $325 Provisional coverage begins 7 days after postmarked date By Mail-Paper NOI Fee: $225 Immediate coverage once fee is paid and application is submitted Online through *STEERS- e-NOI *State of Texas Environmental Electronic Reporting System (STEERS)

NOI Primary Operator Certification Page I certify that I have obtained a copy and understand the terms and conditions of the CGP (TXR150000). YES I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas.

NOI Primary Operator Certification Page (continued) I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed. YES I certify that a Stormwater Pollution Prevention Plan has been developed, will be implemented prior to construction and to the best of my knowledge and belief is compliant with any applicable local sediment and erosion control plans, as required in the general permit TXR150000. NOI Primary Operator Certification Page (continued)

Operator Certification Requirements 30 Texas Administrative Code (TAC) §305.44 outlines who can legally sign the application Certification statement found in 30 TAC §305.44 By signing the “certification statement” you are authenticating the NOI as being true and accurate

Common NOI Issues and Deficiencies Payment information is left blank Operator contact information missing Legal name is not current Certification statements are not checked Missing original signatures (copies are not accepted) Other items left blank: SIC code, acreage, MS4 name, segment numbers, water body impairments

Correcting or Updating Information in the NOI Submit a Notice of Change (NOC) form to: To correct information on the NOI typographical errors, incorrect site address or acreage, etc. Make changes due to expansion of the project additional acreage, starting a new phase

Effective Date of Authorization Large Construction Authorization for Coverage: Provisional coverage begins 7 days after a paper NOI is postmarked OR Coverage is immediate upon submitting a NOI using the e-Permits system Small Construction Authorization for Coverage: Automatic on condition of complying with applicable permit requirements (NOI not required)

Construction Site Notice (CSN)

Final Stabilization Requirements All soil disturbing activities completed Even distribution of perennial cover to a density of 70% of native background Excludes areas that are: -Paved -Covered by permanent structures or - Covered with equivalent permanent stabilization measures

Large Construction Activities – Termination Requirements Primary Operators must: Meet final stabilization requirements and remove temporary BMPs Remove Primary Operator site notice Submit NOT to TCEQ Submit copy of NOT to MS4 operator (if applicable) Secondary Operators must: Remove Secondary Operator site notice Send completed copy of the site notice to the MS4 (if applicable) NOT is not applicable

Small Construction Activities – Termination Requirements Each Operator must: Meet final stabilization requirements and remove temporary BMPs Remove site notice Send completed copy of the site notice to the MS4 (if applicable) NOT is not applicable

Common Violations Failure to obtain authorization Failure to develop & implement SWP3 Failure to utilize structural controls for all downslope boundaries of the site Failure to maintain structural controls Poor housekeeping Improperly installed or maintained BMPs SWP3 is outdate Failure to post CSN Failure to conduct required inspection

How to be in compliance… Comply with CGP and SWP3 requirements Implement and maintain appropriate stormwater controls Conduct required monitoring Conduct routine inspections Revise SWP3 as needed

Individual Stormwater Permits Required when customer has an Unsatisfactory Compliance History rating Processing time takes a minimum of 330 days Requires publication of two Public Notices with a 30-day comment period Notice of Application Notice of Proposed Permit

2018 CGP Renewal – Completed Steps Renewal process began in August 2016. Internal input received from various TCEQ programs. Stakeholder Meeting held on 10/17/2016. Comment period ended on 11/1/2016. Input received from stakeholders. Deputy Director, Office of Water, briefed on 2/17/2017. Draft permit sent to EPA for 90-day review on 2/20/2017.

2018 CGP Proposed Changes Addition of rules and guidelines for the EPA e-reporting rule, which requires electronic submission of Notices of Intent, Notices of Termination, and Low Rainfall Erosivity Waivers by September 1, 2020. A waiver option will be available for certain reasons, such as; religious beliefs, no internet access, and others. TCEQ will begin requiring electronic submittal of all NOIs, NOTs, and LREWs as of September 1, 2018.

2018 CGP Proposed Changes Incorporate the 2014 and 2015 amendments to federal the effluent limitations guidelines for construction and development discharges located in 40 CFR Part 450. Add definitions of Infeasible and Low Rainfall Erosivity Waiver (LREW) form. Clarified the definitions of Construction Activity and Impaired Water.

2018 CGP Proposed Changes Add requirements for minimizing the exposure of waste materials by keeping waste container lids closed when not in use. Add footnote to the benchmark monitoring table for Concrete Batch plants to clarify that that analytical results for certain pollutants must to be obtained from a NELAP certified laboratory. Add requirements for implementing controls to minimize the exposure of building materials containing polychlorinated biphenyls (PCBs) to precipitation and stormwater during demolition. Add requirements for implementing controls at construction sites that will discharge to an impaired waterbody or a waterbody with an approved TMDL PCBs.

2018 CGP Proposed Changes Revise the limitations for permit coverage for construction activities related to oil and gas production. Revise the benchmark monitoring level for Total Suspended Solids (TSS) from 100 milligrams per Liter (mg/L) to 50 mg/l. Revise to clarify that an applicant who owns or operates a facility classified as an “unsatisfactory performer” is entitled to a hearing before the Commission prior to denial or suspension of authorization.

2018 CGP Proposed Changes Add clarifications for posting site notices for operators of small construction and secondary operators of large construction. Add clarification that posted small construction site notices may have a redacted signature if there is an original signed and certified copy of a site located at the site. Additional clarification in the impaired waterbodies section of permit that references the CWA 303 (d) List and the Texas Integrated Report. Other small revisions and clarifications.

2018 CGP Renewal - Proposed Timeline Address any EPA Objections or Comments Deputy Director briefing – July 2017 Publish in newspaper and Texas Register – August 2017 Public Meeting – Sept. 2017 30 Day Public Comment Period – Aug. – Sept. 2017 Commissioner’s Agenda for Adoption – 2/14/18 Permit Issuance – 3/13/18

CGP Resources TCEQ SWP3 template: Assistance Tools for Construction Stormwater General Permits EPA SWP3 Guidance: EPA SWP3 EPA National Menu of (BMPs) for Stormwater EPA NPDES BMPs

TCEQ Stormwater Program Contacts For questions regarding your STEERS account and technical difficulties with e- NOI: (512) 239-6925 For questions about the application process, contact the Stormwater Processing Center (512) 239-3700 Other questions including technical, contact the Small Business and Local Government (SBLGA) Hotline 1-800-447-2827

TCEQ Stormwater Team Members Rebecca L. Villalba, Team Leader Lindsay Garza, Work Leader Hanne Lehman Nielsen Gordon Cooper Dan Siebeneicher Kent Trede Jessica Alcoser Austin Office (512) 239-4671 SWGP@tceq.texas.gov