Wastewater Permitting Updates David W. Galindo, Director Water Quality Division Wastewater Permitting

Water Quality Division Mission Statement Issuing protective permits Listening to stakeholders input Considering economic development Using good science

Office of Water L'Oreal Stepney, P.E., Deputy Director Water Availability Division Water Supply Division Water Quality Planning Division Water Quality Division

Water Quality Division David W. Galindo Division Director Josalyn McMillon Assistant Division Director Mark Palmie Special Assistant

Wastewater Permitting Section Chris Linendoll, EIT, Section Manager Programs: Industrial Permits Municipal Permits Stormwater Permits Pretreatment Program

Water Quality Assessments Section Gregg Easley, Section Manager CAFO Biosolids WQ Assessments WQ Standards Implementation

Texas is a Delegated NPDES State EPA and TCEQ entered into an MOA that establishes responsibilities and expectations for TPDES permitting under the CWA EPA delegated the NPDES program to TCEQ in 1998 EPA retains oversight and ultimate authority

Wastewater Permits Texas Pollutant Discharge Elimination System (TPDES) Permits Issued to facilities that discharge directly to surface water. Texas Land Application Permit (TLAP) Issued to facilities that discharge adjacent to surface water via evaporation or land application. Pie chart – Stormwater permits account for approximately 90% of the TPDES permits Pie chart – Municipal wastewater accounts for approximately 65% of the TLAP permits

Wastewater Permits Individual Authorizations General Permits Site-specific and technical review of the regulated activity General Permits One state-wide permit for similar types of activities; operate under terms and conditions of the general permit Pie chart for individual permits- Municipal wastewater permits account for approximately 65% of the permits and Industrial wastewater permits account for approximately 15%. Pie chart - General permit authorizations account for approximately 90% of the permits and authorizations issued by the Water Quality Division.

Permitting/Rule Updates Rules

Basin Cycle Rule HB 3618 repealed Texas Water Code Section 26.0285 which requires permitting to be conducted on river basin cycles. Received Commission approval to initiate rulemaking on January 24th

Basin Cycle Rule Rulemaking was completed and effective on March 29, 2018. All discharge permits are now being issued for full five year terms from issuance date. HB 3618: Repeal of Basin Cycle Permitting House Bill 3618 repealed TWC §26.0285 which required, to the greatest extent practicable, that all Texas Pollutant Discharge Elimination System (TPDES) permits within a single watershed contain the same expiration date (known as basin permitting). TCEQ initiated rulemaking to repeal 30 Texas Administrative Code (TAC) §305.71 which requires basin cycle permitting for wastewater discharges. Repeal of this section allows wastewater discharge permits to be issued for five year terms. Status: The commission adopted the rules on March 7th and they became effective on March 29th.

MS4 Phase II General Permit Municipal Separate Storm Sewer Systems Ongoing discussion with EPA on approval of GP – Public Notice of NOCs Renewal date: December 13, 2018 180 day grace period

Dental Amalgam Rule Rulemaking to adopt 40 CFR 441-Dental Category Federal Dental Amalgam Rule: Requires BMPs to reduce mercury discharges to POTWs Requires a One Time Compliance Report Dates: New dental offices (after July 14, 2017) – Must comply with the rule and OTCR within 90 days Existing dental offices – July 2020 to comply with the rule and OTCR by October 2020 Rulemaking to adopt federal Effluent Limitations Guidelines and standards (40 CFR 441) for the Dental Category. Federal Dental Amalgam Rule: Requires BMPs to reduce to reduce mercury discharges to POTWs Requires a One Time Compliance Report (OTCR) from Dental offices Dates: New dental offices (after July 14, 2017) – Must comply with the rule and OTCR within 90 days Existing dental offices – July 2020 to comply with the rule and OTCR by October 2020

EPA Methods Update Rule EPA changes to analytical test methods: Update methods to keep current with technology EPA rule was final in August 2017 Effective on September 27, 2017 Next steps: Develop implementation plan for permitting and laboratory accreditation CWA requirement at 40 CFR 136 Update guidance, application forms and permits EPA not opposed to implementation plan extending two years

APO Rulemaking Exemption for Certain Quarries from Regulation as Aggregate Production Operations exemption for a site at which specialty or terrazzo-type stone used exclusively for decorative or artistic uses the horizon that is exposed for current production does not exceed five acres. Status: TCEQ is currently drafting the rule to amend 30 TAC Chapter 342 to add the new exemption. House Bill 2582 amended the Texas Water Code (TWC), §28A.001(1) to add a new exemption to the list of existing exemptions in the definition of "Aggregate production operation" (APO). The exemption applies to a site at which specialty or terrazzo-type stone is removed or extracted from the earth, the material is produced for commercial sale and used exclusively for decorative or artistic uses, and the horizon that is exposed for current production does not exceed five acres. Status: TCEQ is currently drafting the rule to amend 30 TAC Chapter 342 to add the new exemption.

Petroleum Contaminated Water General Permit TXG830000 General permit for discharges of petroleum contaminated water from: Groundwater pump tests Remediation activities Excavation sites Renewal date: September 12, 2018 90 day grace period Changes made to accommodate land application from gas station sump testing

Chapter 312 Rulemaking Sludge Use, Disposal, and Transportation Clarify existing requirements Remove inconsistencies Currently evaluating comments Next: Rule proposal Summer 2018

EPA Initiatives LEAN Process 180 day permit issuance Groundwater Connectivity

David W. Galindo, Director David.Galindo@tceq.texas.gov 512-239-0951 www.tceq.texas.gov/about/organization/water.html

Hurricane Harvey Response Facility contact efforts Operational Status Need for assistance Generators Treatment Chemicals Technical Support Agency Coordination

Emergency Preparedness Lessons Learned Updating facility contact information Data collection process improvements Future disaster response Emergency Preparedness