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 o 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 o 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); • or 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 operators 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;  only 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