2018 Renewal TXR150000 TCEQ Public Meeting September 18, 2017 - - PowerPoint PPT Presentation

Texas Pollutant Discharge Elimination System Stormwater Construction General Permit 2018 Renewal TXR150000 TCEQ Public Meeting – September 18, 2017

Stormwater & Pretreatment Team Water Quality Division (512) 239-4671

Overview

• General overview of general permit

requirements

• 2018 renewal update and timeline
• Proposed changes to general permit

Construction General Permit (CGP) TXR150000

Authorizes discharges of stormwater from:

• large and small construction activities,
• construction support activities directly

associated with construction activities, and

• certain allowable non-stormwater discharges

into surface water in the state.

Construction Activity

Soil disturbance from

• small construction = 1 acre to less than 5 acres
• including sites less than 1 acre that are part of a larger

common plan of development of 1 acre to less than 5 acres

• large construction = 5 acres or more
• including sites less than 1 acre that are part of a larger

common plan of development of 5 acres or more

• excludes sites less than 1 acre that are not part of

a larger common plan of development

CGP, TXR150000

• Issued March 5, 2013
• Expires March 5, 2018
• Universe
• NOIs – 24,695
• LREWs - 5

 Authorization is effective from the approval date of the Notice of Intent (NOI) until:

• expiration of the master CGP;
• submittal of a Notice of Termination (NOT);
• r whichever comes first.

Obtaining CGP Coverage

Large Construction – Prior to commencing construction activities

• Develop Stormwater Pollution Prevention Plan

(SWP3)

• Post Primary Operator of Large Construction

site notice

• Primary Operator submits NOI and fee to

TCEQ and sends copy of NOI to MS4 Operator

• Secondary Operator sends copy of Secondary

Operator of Large Construction site notice to MS4 Operator

Obtaining CGP Coverage

NOIs (applications)

• Electronic - $225 fee:

IMMEDIATE non-provisional authorization with e-Permitting

• Paper - $325 fee:

Provisional coverage begins 7 days after date postmarked for delivery

*Paper NOIs, NOTs, NOCs, and LREWs will not be accepted after August 31, 2018, without a waiver from e-reporting.

Obtaining CGP Coverage

Small Construction – Prior to commencing construction activities

• Develop SWP3
• Post Small Construction site notice
• Send copy of Small Construction site notice to

MS4 Operator

Low Potential for Erosion

Small Construction with Low Potential for Erosion

• Prior to commencing construction activities
• Determine if small construction with low potential

for erosion is applicable

• Post Small Construction with Low Potential for

Erosion site notice

• Send a copy of the notice to operator of the MS4
• No SWP3 is required

Low Rainfall Erosivity Waiver (LREW)

Small Construction LREW

• Perform calculations and meet the requirements

for LREW for small construction

• Submit LREW form (no fee, no SWP3, no site

notice)

TXR150000 Renewal - Timeline

• Renewal process began - August 2016
• Stakeholder meeting held – October 17, 2016
• Deputy Director briefings – February 17, 2017

and July 11, 2017

• EPA 90-day review
• February 23 through June 13, 2017

TXR150000 Renewal - Timeline

• A public notice was published - August 18, 2017
• Texas Register
• Newspapers (Houston, Dallas, Austin, San Antonio,

Lubbock, McAllen, El Paso, Corpus Christi, Midland, Tyler, Waco, Abilene, and Amarillo)

• The proposed permit was made available for public

viewing at TCEQ Chief Clerk’s Office and all Regional Offices on August 18, 2017

• 30-day public comment period:
• August 18 through September 18, 2017
• Comments due today September 18, 2017
• Public Meeting - September 18, 2017

TXR150000 Renewal – Next Steps:

• Prepare Response to Comments (RTC) document
• Final edits to permit and fact sheet by November 2017
• Management briefings: November 2017
• Commissioners Agenda for Adoption: February 7, 2018
• Permit effective date: March 5, 2018
• 90-day “grace” period to submit applications for renewal
• all permit authorizations not renewed will automatically

expire.

Proposed Changes To Existing Permit

• EPA Electronic Reporting Rule
• Electronic submittal of construction NOIs, NOTs,

NOCs, and LREWs as of September 1, 2018

• 2014 and 2015 amendments to 40 CFR Part

450 Construction and Development Point Source Category

• Definition of “infeasible.”
• Clarifications to existing requirements for

controlling erosion caused by discharges, soil stabilization, and preservation of topsoil

Proposed Changes To Existing Permit

• Benchmark monitoring limit for TSS reduced

from 100 mg/L to 50 mg/L for discharges of stormwater from concrete batch mixing plants

• Consistent with changes made in the

TXR050000 MSGP

• Added Definitions, such as:
• “Construction Support Activity” and “Thawing

Conditions”

Proposed Changes To Existing Permit

• Revised the definition of Construction Activity
• demolition, material stock piles, and construction support

activities

• Added reference to the Texas Integrated Report of

Surface Water Quality Standards

• Clarified the permit coverage of construction

activities regulated by the RRC and TCEQ to be consistent with MOU

Proposed Changes To Existing Permit

Clarifications to existing requirements:

• authorization language for large construction

activities;

• site notices - operators of small construction and

secondary operators of large construction;

• requirement language for small construction

activities with low potential for erosion and low rainfall;

• SWP3 development and implementation;
• NOI submittal and operational control for primary
• perators of large construction;

Proposed Changes To Existing Permit

Clarifications (continued)

• provisional and effective dates of coverage;
• NOC and NOT requirements;
• terminating coverage for operators at small

construction sites and secondary operators of large construction sites;

• changes in operational control at large and small

construction sites and responsibilities of primary and secondary operators when those changes occur;

• provisional and non-provisional authorization

letters/certificates to be with the SWP3s;

• construction support activity;

Proposed Changes To Existing Permit

Clarifications (continued)

• person(s) authorized to perform inspections and

investigations at a construction site;

• vegetative stabilization requirements during frozen

and thawing conditions;

• requirements for developing a SWP3 for concrete

batch mixing plants;

• nly land disposal of washout from concrete trucks is

authorized and discharges are prohibited;

• how construction support activities are covered

under the permit;

Proposed Changes To Existing Permit

Clarifications (continued)

• requirements of LREWs for discharging and

disposing non-stormwater and when construction activity extends beyond the waiver period;

• revisions to prohibited discharge requirements for

consistency with C&D ELGs in 40 CFR 450; and

• rewording existing requirement language, splitting-

up paragraphs and/or enumerating requirements.

Proposed Changes To Existing Permit

Added requirements for:

• inspection criteria at construction sites;
• an “unsatisfactory performer” - entitled to a hearing

before the Commission prior to denial or suspension of authorization;

• minimizing the exposure of waste materials; and
• compliance with the 24-hour reporting

requirements and sufficiently sensitive test procedures requirements for sample analysis.

TPDES Stormwater Program Contacts

• Rebecca L. Villalba, Team Leader
• Lindsay Garza, Work Leader
• Gordon Cooper
• Hanne Lehman Nielsen
• Dan Siebeneicher
• Kent Trede
• Jessica Alcoser

Austin office (512) 239-4671 SWGP@tceq.texas.gov