1. Texas Pollutant Discharge Elimination System (TPDES) Permitting Municipal Separate Storm Sewer Systems (MS4s) Updates
TCEQ Trade Fair
May 15-16, 2018
Hanne Lehman Nielsen
Rebecca L. Villalba
Stormwater Team

2. Municipal Separate Storm Sewer Systems (MS4)
The two images shows a sign with the text “no dumping, drains to bay” and the other image shows a stormwater control.
An MS4 is a publicly owned or operated stormwater drainage system designed to collect and convey stormwater

3. Which MS4s are Regulated?
Medium and Large MS4s (“Phase I”)
Individual TPDES Permits
Small MS4s in Urbanized Areas (“Phase II”)
TCEQ Small MS4 General Permit – TXR040000
Combined Phase I and Phase II MS4s
Individual MS4 Permit for Texas Department of Transportation – WQ

4. Phase II MS4 General Permit, TXR04000
Regulates stormwater discharges from publicly owned or operated “Small” MS4s located in urbanized areas (UAs)
Population based on the 2000 and 2010 U.S.Censuses
Renewed December 13, 2013 – 5 year permit term
General
Permit 2007
Authorizations Issued
Permit 2013
Applications Received
NOIs
406
548
Waivers 66 79
Total
472
617
UA – and area of high population density as defined and used by the US Census Bureau in the 2010 census.
We got almost 150 new ones under the 2013 permit. Applications keep tricking in, during 2017 and 2018 we received 12 NOIs
By March 23, 2018 only 7 had not renewed
*7 have not renewed yet

5. Phase II MS4 General Permit
Tiered Permitting Approach - based on population in the UA
Level 1 - Up to 10,000
Level ,000 to 40,000
includes non-traditional MS4s
Level ,000 to 100,000
Level 4 - More than 100,000
Waiver option for population less than 1,000
Level 2 includes non-traditional MS4s such as MUDs, Counties, Drainage districts, transportation authorities
Designation of applicable tier is based on population levels of most recent census at the time the NOI is submitted. No changes during the permit term.
*Based on the 2000 and 2010 U.S.Censuses

6. Phase II MS4s Active Authorizations
Level
Active Authorizations 1
110 2
345 3 43 4 11
On March 23, 2018, we had 509 active permits and 78 waivers.
Image is a pie chart that represents the numbers of each level. Waivers are also represented. This is done by percentages.

7. Requirements of Phase II MS4s
Develop and Implement a Stormwater Management Program (SWMP)
Develop an implementation schedule
Implement in yearly intervals over the five year permit term
Must be fully implemented at the end of the five year permit term
Coalitions
Develop, implement, and share same SWMP
Usually share a boundary or watershed
Each MS4 is responsible for its own compliance
Agreements with clear delineation of responsibilities
According to 40 CFR Part

8. Requirements of Phase II MS4s
Contents of a SWMP
Six Minimum Control Measures (MCMs)
Operators must address to reduce pollutants from the MS4 to the Maximum Extent Practicable (MEP)
List of best management practices (BMPs)
Measurable goals
including frequency, month, and year
Schedule for implementation

9. Requirements of Phase II MS4s
Minimum Control Measures (MCMs)
Public Education, Outreach, and Involvement
Illicit Discharge Detection and Elimination
Construction Site Stormwater Runoff Control
Post-Construction Stormwater Management in New Development and Redevelopment
Pollution Prevention and Good Housekeeping for Municipal Operations
Industrial Stormwater Sources (Level 4 only)
Optional MCM for Construction done by the Permittee (MS4)
Additional requirements for discharges into impaired waterbodies
The MS4s needs to establish measurable goals for each MCM to evaluate and assess the effectiveness of stormwater controls and the SWMP as a whole.
MCM 1: Distribute educational material or do outreach activities about impacts of stormwater discharges on waterbodies. Brochures, billboards, TV, websites. Involve the public stream clean ups - storm drain stenciling - volunteer monitoring - Adopt a Highway programs
MCM 2 – IDDE Detect, investigate, and eliminate illicit discharges to MS4. e.g. sanitary sewer overflow - dumping of used motor oil - sediments leaving a construction site.
MS4 map - staff training - facilitate public reporting - hot line - procedures for responding to illicit discharges and spills
MCM 3 – Construction Ensure construction sites use erosion and sediment controls. : Required to Inspect construction sites - review site plans – train staff - receive information from the public – hot lines.
MCM 4 – Post construction - long term operation and maintenance of structural and nonstructural controls – public and private sites
MCM 5 – Pollution Prevention and Good Housekeeping for municipal operations. O+M program to prevent stormwater pollution from municipal operations. Parks and bridges - streets - ROWs – vehicles - storm sewers - maintenance yards - waste transfer stations – sw controls. List of MS4 facilities - train staff - waste disposal according to existing rules - oversight of contractors.
MCM 6 –Industrial facilities – only for Level 4s – program to control pollutants in SW from industrial facilities.
Must include landfills, municipal waste treatment facilities - Can include other industrial or commercial facilities
Optional 7th MCM – where the MS4 is the construction site operator- can be used as an alternative to the MS4 seeking coverage under the construction general permit (TXR150000)
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
Develop, implement, and share same SWMP
Usually share a boundary or watershed
Each MS4 is responsible for own compliance
Enter into agreements with clear delineation of responsibilities

10. 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
Category 4 - watershed level
Category 5 – stream segment level
Image of creek
Source: –
Image of page fromTexas Integrated Report Index of Water Quality Impairments
Source:

11. Requirements of Phase II MS4s
Annual Report
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
Reporting year cannot change during permit term

12. Phase II Annual Reports
Submit the original report to the TCEQ Stormwater 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:
Always use the most recent template
SBLG developed the template for the annual report.
We are finding less issues in the annual reports. MS4s need to respond to s with deficiencies before an annual report can be approved.
It is a permit requirement to use the template.

13. Phase II MS4 Notice of Change
Notice of change (NOC)
Changes to SWMP
Form: TCEQ – 20392
Submit separately from the Annual Report
NOC is needed to:
Replace an infeasible BMP with an alternative BMP
All other changes specified in permit
NOC is not needed for
Adding BMPs or replacing a BMP with a similar BMP
Non-substantive changes
Adding or subtracting land
More changes can be done to the SWMP without submitting an NOC – adding components, controls or requirements to the SWMP or replacing a BMP with an equivalent BMP
Do not submit the NOC with annual reports. Indicate clearly what the changes are in the SWMP. Submit revised pages of SWMP – which clearly show the changes. Use strikeout text.

14. New NPDES Rules – Phase II MS4 Remand Rule 40 CFR §§122.33 and 122.34
Phase II MS4 Remand Rule – Published in Fed. Reg. December 9, 2016 with an effective date of Jan. 9, 2017
The regulations are revised to ensure that:
States determine the adequacy of BMPs and permit requirements
States provide public notice and opportunity for the public to request a public hearing
The rulemaking result from a court decision in 2003 which found that MS4 Phase II regulation did not provide for adequate public notice, the opportunity to request a hearing, or permitting authorities to adequately review BMPs selected in the SWMP.
EPA provided a strike out version of revisions to small MS4 rules (40 CFR §§ and ) and EPA added a paragraph (d) to 40 CFR requiring states to select between two types of general permits

15. New NPDES Rules – Phase II MS4 Remand Rule 40 CFR §§122.33 and 122.34
This is a procedural rule – no substantive changes are made to the Phase II MS4 requirements
Includes two options for states to administer their Phase II MS4 programs
Option 1: Comprehensive general permit approach
The general permit needs to include all requirements necessary to meet the MS4 permit standard “to reduce pollutants to the maximum extent practicable” (MEP).
Option 2: Two-step General Permit
The general permit includes some requirements for all MS4s
The state established additional requirements and BMPs for individual MS4s (this is in the SWMPs).

16. New NPDES Rules – Phase II MS4 Remand Rule 40 CFR §§122.33 and 122.34
All permits must be written with terms that are “clear, specific, and measurable”
The general permits need to use “mandatory” terms and cannot use terms such as:
as practicable, should, encouraged, etc.
if feasible, cannot be used unless it is defined
The permit language needs to be worded in a manner that will help assess compliance and track whether measurable goals have been met by the MS4.
EPA published examples of provisions from general permits across the country

17. New NPDES Rules – Phase II MS4 Remand Rule 40 CFR §§122.33 and 122.34
Certainty in specific actions and requirements
Avoid words such as “if practicable”, “as necessary”, “should”
Clear
Provide level of detail in requirements that portray level of effort(s) needed from MS4 to comply
Specific
Requirement needs to be articulated in a manner to assess compliance in a straightforward way
Measurable

18. New NPDES Rules – Phase II MS4 Remand Rule 40 CFR §§122.33 and 122.34
Differences between Option 1 – comprehensive general permit and Option 2 – two step general permit
Option 1
Option 2
Requirements in general permit
Specific - BMPs and frequencies
General – not specific
SWMP
Plan to implement general permit
SWMP reviewed by state No
Yes
SWMP enforceable
SWMP – clear, specific, measurable language
Public notice requirements
General permit
Each MS4 NOI/SWMP
Possibly on NOCs

19. New Federal Rules – Electronic Reporting Rule 40 CFR Part 127
Electronic Reporting Rule – effective Dec. 21, 2015
Requires electronic submittal of applications and reports
Phase 1 of Rule: DMRs need to be submitted electronically by Dec. 21, 2016
Phase 2 of Rule: General permit applications (NOIs) and MS4 reports need to be submitted electronically by Dec. 21, 2020

20. New Federal Rules – Electronic Reporting Rule 40 CFR Part 127
Electronic Reporting Rule – effective Dec. 21, 2015
Appendix A of 40 CFR 127 – includes list of elements that need to be reported electronically
Waiver option is available from eReporting (permanent and temporary)
Religious beliefs
No internet access
Training needed

21. Small MS4 General Permit, TXR04000 2018 Renewal
Internal TCEQ input – Feb. 2017
Stakeholder Meeting – March 21, 2017
Comment period ended – April 4, 2017
Development of draft permit – April/June 2017
EPA Review – Fall of 2017
EPA Objection Letter – Dec.4, 2017
EPA and TCEQ discussions – Ongoing
Currently behind schedule – approx months

22. Summary of Proposed Changes to Existing Permit Consistency with Federal Rules
Electronic Reporting Rule
Add permit language to include eReporting rule
EPA will develop tools to accept applications and reports from small MS4s
TCEQ participates in EPA – State MS4 Technical workgroup to discuss integrating the eReporting rule into the MS4 programs
Phase II MS4 Remand Rule
Modify permit language to be clear, specific and measurable
Avoid words: if practicable, as necessary, should, encouraged to
Use mandatory words: must and shall

23. Summary of Proposed Changes to Existing Permit Examples of clear, specific, and measurable
MCM 1. Public Education, Outreach, and Involvement
If feasible, consider using use public input (for example, the opportunity for public comment, or public meetings) in the implementation of the program
MCM 2. IDDE
Inspections – The permittee shall conduct inspections as determined appropriate, in response to complaints, and shall conduct follow-up inspections as needed to ensure that corrective measures have been implemented by the responsible party.
The permittee shall develop written procedures describing the
basis for conducting inspections in response to complaints

24. Summary of Proposed Changes to Existing Permit
Part II. Categories of Regulated MS4s
Acquiring new areas
Within 90 days have a plan for implementing the SWMP in new areas
Implement program in new areas as expeditiously as practicable but no less than three years
Submit an Notice of Change if the new area includes an impaired water body
Part II. Impaired water bodies and TMDL Requirements
Clarified requirement to check if a water body within the MS4s permitted area has been added to the latest 305(b)/303(d) list.
Newly impaired waterbodies must be addressed in the SWMP within 2 years.
Definitions are to be consistent with other GPs

25. Summary of Proposed Changes to Existing Permit
Part II. Stormwater Management Program
Review the SMWP once a year in conjunction with completion of the annual report.
MCM 1
Publish SWMP and annual report on MS4s public website – if MS4 has one
For Level 4 MS4s only:
MCM 2. Illicit Discharge Detection and Elimination
Add a program to control the discharge of floatables into the MS4
MCM 5. Pollution Prevention and Good Housekeeping for Municipal Operations
Add a program to evaluate new and existing flood management projects for their water quality impact
Definitions are to be consistent with other GPs

26. Summary of EPA Objections on Draft Permit
The permit appears to include terms that are not clear, specific, and measurable
Comments mostly related to Impaired Water Bodies and TMDL Requirement
Examples:
Benchmark should be defined in definition section
“Appropriate” and “as applicable” should be avoided (terms were used as: “appropriate BMPs”)
Questioning requirements for discharges to Edwards Aquifer
Definitions are to be consistent with other GPs

27. Summary of EPA Objections on Draft Permit
EPA questions whether later modifications to the SWMP would require public notice
Examples:
If a water body becomes impaired during the permit term, and new BMPs are needed and the SWMP updated – public notice might be required
BMPs for POCs are evaluated annually, and if changes in BMPs are needed – public notice might be required
EPA and TCEQ had multiple conference calls during Dec, thru March, 2018 to resolve EPA comments
Definitions are to be consistent with other GPs

28. Phase I MS4s Medium and Large MS4s *No new permits issued
Municipal population 100,000+ (1990 U.S.Census)
Includes public entities in the UA
Transportation authorities, universities, counties, districts, etc.
Universe: 22 individual TPDES permits
Includes 50 permittees due to coalitions
Individual permits. Original applications were sent to EPA in No new phase 1 permits will be issued. Coverage is provided for all areas within Jurisdictional Boundaries such as city limits, TxDOT ROW within the city limits, universities within a regulated city based by rule, on 1990 US Census.
Universe will soon change to 22 indv. permits. (TxDOT Austin, Dallas, Beaumont, and Houston will disappear and get under the TxDOT statewide permit)
*No new permits issued

29. Requirements of Phase I MS4s
Develop a SWMP to address MCMs in permits
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
Content of Permits
More similar to phase II – permit renewal started in 2011 combined program elements into 8 categories and renamed them Minimum Control Measures (MCMs)

30. Requirements of Phase I MS4s
Monitoring Requirement Options
Representative Storm Events
Representative Rapid Bioassessment or
Watershed Monitoring
Regional Wet Weather Characterization Program
NCTCOG’s new program approved on June 30, 2017

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

32. Phase I MS4s Permit Renewals
EPA Review of the Renewals from 2011
Requiring similar requirements as in the Phase II MS4 General Permit
Priority areas
MS4 maps
Impaired waterbodies
Requesting to see inspection or audit reports completed by TCEQ
List of priority areas was included in one permit
List of construction sites and procedures for inspection of industrial sources added to multiple permits
We included a mapping of the MS4 system requirement.
TMLD requirements similar to Phase II GP
All of them have been reissued except 5 permits plus a statewide MS4 permit for TxDOT:
Waco, City of Corpus Christi, Houston Task Force, San Antonio, Houston Port Authority
TxDOT   - published notice
Four permit will disappear: TxDOT Austin, TxDOT Dallas, TxDOT Beaumont and TxDOT Houston
Permits withTxDOT are issued without because TxDOT is applying for its own statewide individual permit.

33. Phase I MS4 Permit Renewals
All permits revised to address comments made by EPA on MS4 permits from 2011
Measurable goals required for MCMs
Provision from existing permits are continued
E-Reporting Rule provisions for DMRs and annual reports
No other major changes
Use application form TCEQ (no changes)
Attachment 4 – will be requested by permit writer
Senate Bill 709 – legislative notice requirement
TCEQ started implementing Senate Bill 709 on Sept 1, Once a permit is drafted notice is send out to the local legislators.

34. Phase I MS4s Permit Renewals
Examples of EPA Objections of the Renewals from 2016:
MCM 3, Illicit Discharge Detection and Elimination
Include inspection procedures, frequencies and methods for detecting and eliminating illicit discharges
Have a plan to address illicit discharges in priority areas
MCM 6, Construction Site Stormwater Runoff
Include procedures for site plan review of sediment and erosion plans
We have received objection letters on 8 permits, and issued 1 permit
List of priority areas was included in one permit
List of construction sites and procedures for inspection of industrial sources added to multiple permits
We included a mapping of the MS4 system requirement.
TMLD requirements similar to Phase II GP
All of them have been reissued except 5 permits plus a statewide MS4 permit for TxDOT:
Waco, City of Corpus Christi, Houston Task Force, San Antonio, Houston Port Authority
TxDOT   - published notice
Four permit will disappear: TxDOT Austin, TxDOT Dallas, TxDOT Beaumont and TxDOT Houston
Permits withTxDOT are issued without because TxDOT is applying for its own statewide individual permit.

35. Phase I MS4s Permit Renewals
EPA Objections of the Renewals from 2016 include:
MCM 8, Monitoring, Evaluation and Reporting
Industrial High-Risk Runoff Monitoring – include an inspection program of activities at facilities, risk levels, and inspection schedules
List of priority areas was included in one permit
List of construction sites and procedures for inspection of industrial sources added to multiple permits
We included a mapping of the MS4 system requirement.
TMLD requirements similar to Phase II GP
All of them have been reissued except 5 permits plus a statewide MS4 permit for TxDOT:
Waco, City of Corpus Christi, Houston Task Force, San Antonio, Houston Port Authority
TxDOT   - published notice
Four permit will disappear: TxDOT Austin, TxDOT Dallas, TxDOT Beaumont and TxDOT Houston
Permits withTxDOT are issued without because TxDOT is applying for its own statewide individual permit.

36. TPDES Stormwater Program Contacts
Water Quality Division
Stormwater Team
Rebecca L. Villalba, Team Leader
Lindsay Garza, Work Leader
Hanne Lehman Nielsen
Dan Siebeneicher
Gordon Cooper
Kent Trede
Austin Office: (512)
This is a list of the members of the stormwater team
The image is of a business style phone

37. Contact Information
Small Business and Local Government Assistance (SBLGA)
(800)
Permitting Information (Technical)
(512)
Phone numbers, addresses and links are given for SBLGA and the Stormwater team
The image is of a hand holding a green marker and the words “call us” written out