TPDES Storm Water Regulations

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TPDESStorm Water Regulations

• Cindy Hooper
• Texas Commission on Environmental Quality
• Storm Water Pretreatment Team

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Authorization of TPDES Permitting

• September 14, 1998 TCEQ Received Full
  Authorization for TPDES Program
• TCEQ Issues Wastewater and Storm Water Permits in
  Texas
• Texas Water Code
• Memorandum of Agreement with EPA
• TCEQ Rules
• Phased Approach for Storm Water Permitting
• Existing Permits TCEQ Will Renew Upon
  Expiration
• New Permits TCEQ to Issue

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Industrial Storm Water
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TPDES Permit No. TXR050000

• Multi-Sector General Permit (MSGP)
• Renewal Issued August 14, 2006
• Renewal NOIs were due November 11, 2006 (paper
  form) or December 12, 2006 (e-NOI)
• NOIs submitted after deadline are processed as
  new
• Individual Permit Option

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What Is a Permit Required For?

• Storm Water Discharges Associated with
  Industrial Activity - 29 Industrial Sectors
• Primary SIC codes
• Industrial Activity codes (LF, SE, TW, HZ)
• Includes Municipally-Owned
• E.g., certain wastewater plants, landfills, etc.
• Certain non-storm water discharges allowed
• Individual Permit May be Required

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Are There any Exceptions?

• No Exposure Exclusion
• Facility-wide
• Storm resistant shelter required
• Submit Conditional No-Exposure Certification
  (NEC) form to TCEQ
• 100.00 application fee

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Obtaining Coverage

• 1st Develop and implement SWP3
• 2nd Submit NOI (eNOI or paper)
• Send copy of NOI to MS4 Operator
• Who is the MS4 operator??
• Fees
• Application/NOI Fee 100.00
• Annual Water Quality Fee 200.00

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General SWP3 Requirements

• Identify sources of pollution
• List, Describe, Map
• Establish practices and controls
• Structural, Nonstructural
• Develop integrated plans
• Describe how SWP3 will reduce pollutants
• Perform Required Monitoring

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Permit Expiration / Renewal

• Permit Expires August 20, 2011
• TCEQ Will Publish Notice at Least 90 Days Prior
• Renewal Process Will Begin in Late 2009
• Possible Changes
• Benchmark Requirements

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Construction Storm Water
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Construction Activity

• What is Construction?
• Clearing
• Grading
• Excavating, or
• Similar Activities that Disturb / Expose Soil
• Demolition, Infilling Pits, etc.

• What is Not Construction?
• Routine Maintenance of Conveyances
• Routine Grading of Existing Roads
• Land Disturbance for Agricultural Sites
• Similar Activities

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Regulated Construction

• One or more Acres Disturbed
• Large / Phase 1 5 Acres
• Small / Phase 2 1 to under 5 Acres
• Includes Smaller Sites within a Larger Common
  Plan

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TPDES Construction General Permit (CGP) No.
TXR150000

• TCEQs CGP was renewed in February 2008
• Went into effect March 5, 2008
• Renewal NOIs due June 5, 2008
• New NOIs due immediately
• EPA has also conducted investigations in response
  to complaints.

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Who Applies for CGP Coverage?

• Operators With Control Over Construction Plans
  and Specifications
• Overall Control and/or Day-to-Day Control
• Primary Operator
• NOI for large sites
• Site notice only for small sites
• Secondary Operator
• No NOI site notice only

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What is a Secondary Operator?

• A secondary operator is a person whose
  operational control over the construction plans
  and specs is limited to
• Employment of other operators, OR
• Ability to approve/disapprove changes to the
  plans and specs
• Is there always a secondary operator?

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Who is the Operator?

• Often Multiple Operators at a Site
• Operators May Include
• Landowners
• Municipalities
• Contractors
• Subcontractors
• Home Builders

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Incentives for ePermitting

• Lower application fee
• 225 for eNOI 325 for paper NOI
• No Annual Fees
• Immediate Authorization Upon Submittal of eNOI,
  Including Certificate
• 7 days for paper (several weeks for Certificate)

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Municipal Separate Storm Sewer System (MS4)
Permitting
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What is an MS4?

• A conveyance or system of conveyances...owned
  by the U.S., a state, city, county, town, or
  other public entity that discharges to waters of
  the U.S. and is
• Designed / Used to Collect or Convey Storm Water
• Not a Combined Sewer
• Not Part of a POTW
• (An MS4 is a publicly-operated storm water
  drainage system, and can include pipes,
  curbs/gutters, ditches, etc.)

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Phase I and Phase II

• Phase I MS4s
• Municipalities With Population 100,000
• Existing Individual NPDES Permits
• TCEQ Renewing as TPDES Permits
• Phase II MS4s
• Small MS4s Serving a Population lt100,000
• Phase II (Small) MS4 General Permit -TXR040000,
  Issued August 13, 2007

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Regulated Small MS4s

• Small MS4s Located in a UA (Urbanized Area)
• Only Regulate the Portion of the MS4 Inside of
  UA
• List of Texas UAs, Including Maps
• http//cfpub1.epa.gov/npdes/stormwater/urbanmapre
  sult.cfm?stateTX
• TCEQ UA Map Viewer
• http//gis3.tceq.state.tx.us/website/irwwp0/viewe
  r.htm

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Designated Small MS4s

• Any MS4 Designated by TCEQ
• None Currently Designated
• Designation Criteria
• Source water protection of public drinking water
  resources
• Protection of sea grass areas of Texas bays
• Protection of exceptional aquatic life use
  receiving waters
• Compliance with an approved total maximum daily
  load (TMDL)
• Significant contribution of pollutants to an
  adjacent regulated small MS4
• Additional factors related to the environmental
  sensitivity of receiving watersheds

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Technical Requirements - SWMP

• Six Minimum Control Measures (MCM)
• 1. Public Education and Outreach
• 2. Public Involvement/Participation
• 3. Illicit Discharge Detection and Elimination
• 4. Construction Site Storm Water Runoff Control
• 5. Post-Construction Storm Water Management in
  New Development and Redevelopment
• 6. Pollution Prevention/Good Housekeeping for
  Municipal Operations

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General SWMP Requirements

• For each MCM
• Establish Measurable Goals
• Evaluate / Assess Efforts to Meet Goals
• Maintain Records
• Establish a Schedule
• Full Implementation Required by August 13, 2012,
  or
• 5 Years from Date of Designation, for Designated
  MS4s
• Meet MEP Standard (maximum extent practicable)
• Iterative Approach Built-in Flexibility
• Comply with TMDL and I-Plan

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Approval of SWMPs

• NOIs / SWMPs Were Due Februrary 12, 2008
• TCEQ Currently Reviewing 400 SWMPs
• Estimate Preliminary Approval this Summer
• Public Notice Required
• Estimate Final Certificates in Fall 2008
• Implementation Not Required Until TCEQ Approves
• Deadline for Full Implementation 8/13/2012

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Annual Reports

• Due 90 Days Following End of Permit Year
• Year 1 Report Due November 11, 2008
• Information Required
• Changes to SWMP
• Status of Permit Compliance
• Progress in Meeting MEP Standard
• Plans for Next Permit Year
• Shared SWMPs 1 Annual Report

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Permit Expiration / Renewal

• Permit Expires August 13, 2012
• TCEQ to Propose Renewal at Least 90 Days Prior
• Possible Changes Next Term
• New Areas Regulated (New UA Maps Based on 2010
  Census)
• TMDL Requirements
• Designated MS4s

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TCEQ Web Links

• Storm Water Home Page
• http//www.tceq.state.tx.us/nav/permits/sw_permits
  .html
• Small Business and Local Government Assistance
• www.sblga.info
• Link to Assistance Tools for Storm Water
  Permitting

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Contact Information

• Cindy Hooper, P.G.
• Environmental Permit Specialist
• Storm Water Pretreatment Team
• [phone]
• chooper_at_tceq.state.tx.us
• Permitting Information (Technical)
• [phone]
• swgp_at_tceq.state.tx.us
• Storm Water NOI/NEC/NOT Status
• [phone]
• swpermit_at_tceq.state.tx.us