MS4 PROGRAM UPDATES - Texas A&M University€¦ · – MS4 must enforce throughout entire MS4 area • Both TxDOT and non -TxDOT projects • Must follow through with construction

ENV Conference September 14, 2016

MS4 PROGRAM UPDATES

September 14, 2016


Table of Contents

2

MS4 Program Update

Statewide Permit Update

Interim Activities

Other Program Activities

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2

3

4

5-10

11-16

17-34

3-4


Current Permits and Program

Currently implementing 34 permits (Phase I and Phase II): – Phase I permits

• Expired • Unexpired

– Phase II permits • Expired • New Phase II areas (new urbanized areas, 2010 census)

– San Marcos – Urbanized areas increased in size

All expired permits administratively continued until statewide permit issued – Annual reports continue – Wet weather monitoring continues – All on-going programs continue

3


Unexpired Phase I Permits

4

District Co-Permittee Expiration Date

Amarillo Amarillo April 28, 2019

Arlington City of Arlington, UT – Arlington April 26, 2017

Laredo City of Laredo, Laredo Community College November 21, 2016


Purpose of Statewide Permit

Streamline 34 permits into 1 statewide permit

Simplify reporting

Standardized statewide SWMP specific to TxDOT operations

Develop fiscally responsible program

Focus on areas in which TxDOT has authority and influence

5


Status of Statewide Permit WQ0005011000

TCEQ received public comment

TCEQ published Final Decision Letter and Response to Comments (RTC)

– One change to permit based on comments (clarification)

RTC allows request for contested case hearing through Sept 14

6


Public Notice of Draft Permit

Public comment ended May 16, 2016

Notices published statewide per district in the newspaper of greatest circulation

4 sets of public comments received

– 2 written (<1 pg)

– 1 letter (2 pgs)

– 1 letter with data (346 pgs )

Hearing request

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Steps Remaining to Receive Permit

TCEQ reviews request for reconsideration/contested case hearing

TCEQ grants or denies hearing request

– If granted: TCEQ begins legal proceedings with requestor

– If denied: TCEQ issues permit

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How is Statewide Permit different?

Modeled after Phase II Permit

Includes previous requirements from Phase I permits

– Anti-backsliding

Includes regulated area from previous permits plus new Phase II areas from 2010 census

Focus on programmatic enhancements for IDDE

Facility inspections

Mapping permanent controls

Enhanced TMDL requirements

Enhanced training requirements

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Statewide Permit Implementation

Focus on IDDE

– Stormwater pollutants often originate outside ROW

– No enforcement authority to implement ordinances, assess fines

IDDE in lieu of Wet Weather Monitoring

Collect water quality samples from IDDEs

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When Statewide Permit is Issued

Statewide Permit Training

– IDDE

– Facility inspections

– Annual report template

– Etc.

Outfall Mapping

TMDL Support

Annual Reporting

Mapping Permanent Controls

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What do I do until the Statewide Permit?

Complete Annual Reports

– Phase II permit reports due November 10, 2016

• (within 90 days of the end of the permit year)

– Reporting period = August 13, 2015 – August 12, 2016

Continue implementation of your permit

12


What do I do until the Statewide Permit?

Do not renew as co-permittee

– No NCTCOG participation

Review your permit for action completed by co-permittees

– Activities need to continue

– See “Interim BMPs spreadsheet”

Implement in new 2010 Census Urbanized Areas

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Map Viewer

http://txdot.maps.arcgis.com/apps/webappviewer/index.html?id=1d5da6a79a124f1c8840554ce78d427f

– Search arcgis.com for “TxDOT MS4 areas”

Provides 2000 and 2010 Census Areas

Displays outfalls

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Map Viewer

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Map Viewer

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Other Program Activities

EPA “Self Review” Observations

Document Updates

Tools Development

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Recent EPA “Self Review”

EPA conducted audit of MS4 permit in several districts

– Included Construction General Permit compliance

Audit findings:

– Form 2118 priority applied differently by each inspector

– Inspectors not inspecting BMPs to TxDOT spec

– Contractors not installing to spec

– SWPPP site map and inspection forms incomplete

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EPA “Self Review” Observations

Focusing on Enforcement

– MS4 must enforce throughout entire MS4 area

• Both TxDOT and non-TxDOT projects

• Must follow through with construction inspections and escalate as needed

Record-keeping

– Must keep records 3 years after permit termination

– Update SWPPPs, document follow-up with inspections

Must follow our own procedures

– That is our enforcement of the MS4 program

– We function on EPA’s behalf

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Operations Compliance Branch

Adrienne Boer, CFM, CPESC, PMP

Amy Foster, CPESC

Layde Philips, PMP

David Nuckels

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Operations Compliance Branch

What we have done this year:

– Facility Surveys

– Environmental compliance support

– Guidance/Training

– NOV support

What we can help with:

– CGP, MS4 questions

– Maintenance facility compliance

– EMS support

– WAs for stormwater, SPCC, facility compliance

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Statewide Permit Tools Development

Annual Report Template

– One statewide report for statewide permit

– Completed at district level for district’s activities

– .xls spreadsheet format

Training protocol for Statewide permit

– IDDE training

– Facility Inspections

– Annual Report

22


Update to ENV 300 and 301

Updating for on-line, computer-based training

Currently developing recommendations report with consultant

Expect update to training early 2017

Would like feedback & involvement from Construction & Design Division

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Stormwater Hub

https://txdot.sharepoint.com/sites/division-ENV/stormwater/hub/SitePages/Home.aspx

Search “stormwater” from Sharepoint

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Stormwater Hub!


Insert screen captures

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Stormwater Contract Service Experience

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Scientific Services Contract Full service stormwater capabilities to ensure compliance Exceptional services to provide analysis, planning, and support

Mapping and tracking systems

GIS services

IDDE inspections, follow-up, and complaints

SWPPPs

CGP field oversight

CCTV Inspections

Remote sensing

Wet weather monitoring/ Representative monitoring

Floatables debris monitoring

Training programs

TMDLs and I-Plans

Compliance auditing

Facility inspection

BMP inspection

Permit negotiations

Public education/outreach

Annual report, District-specific report

Good housekeeping Implementation Plan Development

Event Mean Concentration (EMC) analysis

TMDL studies, I-Plans

Retention/detention pond retrofit studies

BMP effectiveness analysis

Mapping/Tracking Monitoring & Compliance Reports & Analysis


Questions?

Adrienne Boer (512) 416-2605

[email protected]

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Documents

MS4 PROGRAM UPDATES - Texas A&M University€¦ · – MS4 must enforce throughout entire MS4 area • Both TxDOT and non -TxDOT projects • Must follow through with construction