1. TPDES Permitting Municipal Separate Storm Sewer Systems (MS4s) Updates Water Quality Seminar September 23-24, 2015 Hanne Lehman Nielsen and Rebecca Villalba Texas Commission on Environmental Quality Stormwater & Pretreatment Team Water Quality Division (512) 239 4671

2. Municipal Separate Storm Sewer Systems (MS4) An MS4 is a publicly owned or operated stormwater drainage system designed to collect or convey stormwater

3. Which MS4s are Regulated?  Medium and Large MS4s (“Phase I”) Individual TPDES Permits  Small MS4s in urbanized areas (“Phase II”) TCEQ General Permit

4. Phase I MS4s  Medium and Large MS4s Municipal population 100,000+ (1990 Census) Includes public entities in the urbanized area (UA) TxDOT, universities, MUDs, etc. Universe: 26 individual TPDES permits Includes 50 permittees due to coalitions *No new permits issued

5. Requirements of Phase I MS4s  Develop a Stormwater Management Program to address Minimum Control Measures (MCMs) 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

6. Requirements of Phase I MS4s  Perform Monitoring - three options 1.Representative Storm Events, 2.Representative Rapid Bioassessment, or 3.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

7. Requirements of Phase I MS4s  Monitoring of Floatables Often required in 2 locations at a frequency 2 times per year Report collected amount  Submit Annual Reports TCEQ reviews and provides feedback

8. 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 Endangered and Threatened Species Historic Properties Preservation Requesting to see inspection or audit reports completed by TCEQ

9. TxDOT MS4 Statewide Individual Permit WQ0005011000  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

10. TxDOT MS4 Statewide Individual Permit WQ0005011000  Transition Period Previous Phase I MS4 co-permittees reapply without TxDOT All requirements in Phase I and Phase II permits need to be met TxDOT Phase I responsibilities will be carried over to statewide individual permit

11. TxDOT MS4 Statewide Individual Permit WQ0005011000  Permit Development Draft permit was completed March 2014 EPA comments received August 2015 Will be sent to EPA for 30-day re-review Public comment period – expected late 2015

12. Phase II MS4 Program  “Small” MS4s in urbanized areas (UAs)  Population based on the 2000 and 2010 Censuses  Regulated via a general permit  Waiver option  Individual TPDES permit is an option  Compliance History rating  Other considerations

13. Phase II MS4 General Permit TXR040000  Regulates small MS4s located in a UA  Renewed December 13, 2013 – 5 year term  Universe under new permit has grown with over 100 new MS4s About 100 existing MS4s did not reapply About 200 new MS4s applied General Permit 2007 Authorizations Issued General Permit 2013 Applications Received NOIs406518 Waivers6671 Total472589

14. Urbanized Area (UA)  US Census Bureau develops the UAs  UAs represent densely developed territory A combined residential population of at least 50,000 people Overall population density of at least 1,000 people per square mile  UA maps illustrate defined boundaries of UAs in the form of a map

16. Phase II MS4 General Permit  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 *Based on the 2000 and 2010 Censuses

17. Phase II MS4s Active Authorizations

18. Waiver Option from Permitting Requirements  Option 1 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

19. Requirements of Phase II MS4  Develop a Stormwater Management Program (SWMP)  Need to address Minimum Control Measures  Existing Permittees Assess previous program elements and goals Determine effectiveness Develop and implement new elements Modify SWMP as necessary  New Permittees Develop and implement new elements

20. Requirements of Phase II MS4  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 (Level 4 only) 7.Optional MCM for Construction done by the Permittee (MS4)

21. Phase II MS4 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 MCM 2 - Illicit Discharge Detection and Elimination E.g. Ordinance, MS4 map, detection techniques (screening etc.), enforcement procedures, illegal dumping hotlines, response procedures, etc.

22. Phase II MS4 General Permit 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 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.

23. Phase II MS4 General Permit 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.

24. Phase II MS4 General Permit MCM 6 – Industrial Stormwater Sources (Level 4 only) E.g. control pollutants from landfills, municipal waste facilities, hazardous waste facilities and other industrial facilities. Optional 7 th MCM – Municipal Construction May cover all municipal construction activities where the MS4 is the construction site operator No NOI required under the CGP TXR150000

25. Phase II MS4 General Permit  Submit: Notice of Intent (NOI), Form TCEQ – 20368 SWMP Fee - $100 Paper only  TCEQ performs technical review of SWMP  MS4 publishes public notice in newspaper Opportunity for the public to view and/or submit comments on the NOI and SWMP 30-Day comment period Applying for Coverage

26. 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

27. 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  Coalitions Usually share a boundary or watershed Each MS4 is responsible for own compliance Enter into agreements with clear delineation of responsibilities Develop, implement, and share same SWMP

28. Impaired Water Bodies  Additional Permit Requirements Category 5 - CWA 303(d) for stream segment, no TMDL Category 4 - Not on CWA 303(d), with watershed TMDL Texas Integrated Report Index of Water Quality Impairments Image of page from texas integrated report

29. Impaired Waterbodies  Discharges directly 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

30. Discharges to Impaired Waterbodies without a TMDL

31. Impaired Waterbodies  Discharges into Impaired Water Bodies with an Approved TMDL Determine if MS4 is source of the POC Identify a Benchmark Implement targeted control (BMPs) with measurable goals If POC is bacteria refer to I-Plan or use alternative BMPs  Assess progress towards benchmark If no progress, select alternative BMPs

32. Discharges to Impaired Waterbodies with a TMDL

33. Phase II MS4 General Permit  Annual Report 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

34. 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: http://www.tceq.texas.gov/assistance/water/sw-ms4.html  Template was updated to match new permit

35. Phase II Annual Reports  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 30 TAC § 305.128

36. Sample of a Measurable Goal Table

37. Phase II Annual Reports Permit Year OptionFiscal Year (example) Option DateActionDateAction Dec. 2013Permit effective dateDec. 2013Permit effective date June 2014 (180 days) NOI + SWMPJune 2014 (180 days) NOI + SWMP Dec. 2014End of permit yearSept. 2014Start of MS4 fiscal year March 2015Year 1 Annual Report due (90 days from permit year) Aug. 2015End of MS4 fiscal year Nov. 2015Year 1 Annual Report due (90 days from fiscal year) 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

38. Application Review Process  Administrative Review of NOI  Water Quality Standards Review  Technical review of SWMPs  Public Notice – MS4 publishes in the newspaper Approval of public notice by MS4 Note: All MS4 entities gets contacted by TCEQ – quick responses facilitate issuance of authorizations

39. Application Review Process  Lessons Learned by Review of SWMPs Many programs are being continued Some has no requirements for impaired waterbodies Some have vague implementation schedule General and qualitative measurable goals  MCMs Various requirements missing from SWMP  Seeing more coalitions formed  Benefit of sharing resources

40. Application Review Process  Innovations in SWPS Bumper stickers on municipal vehicles to promote SWMP Social Media: Twitter, Facebook, Apps Districts are using Rate Orders for regulating and enforcing SWMPs

41. MS4 Application Review Process  Six-Month Goal for Technical Review Process 97% completed by Dec. 13, 2014!  Current TCEQ Activities Reviewing late applications Ensuring MS4s are publishing their Notice  Current Status Received Tech. Complete Published Notice Issued NOI519485472464 Waivers75 N/A1

42. TCEQ Web Links  Stormwater Home Page http://www.tceq.texas.gov/permitting/stormwater /sw_permits.htmlhttp://www.tceq.texas.gov/permitting/stormwater /sw_permits.html  Small Business and Local Government Assistance http://www.tceq.texas.gov/assistance

43. TPDES Stormwater Program Contacts  Water Quality Division Stormwater & Pretreatment Team Rebecca L. Villalba, Team Leader Hal Bailey Hanne Lehman Nielsen Dan Siebeneicher Lindsay Garza Kent Trede Elizabeth Dickinson Lana D’Souza Ryan Bucek Austin Office: (512) 239-4671

44. Contact Information  Small Business and Local Government Assistance (SBLGA) (800) 447-2827 www.texasenvirohelp.org  Permitting Information (Technical) (512) 239-4671 swgp@tceq.texas.gov