Susan Myerov, AICP Watersheds Program Director Pennsylvania Environmental Council Michael Helbing Staff Attorney Citizens for Pennsylvania s Future

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1 Jenkintown Library - November 16, 2015 Susan Myerov, AICP Watersheds Program Director Pennsylvania Environmental Council Michael Helbing Staff Attorney Citizens for Pennsylvania s Future 1

2 PennFuture... Is a statewide public interest membership group. Advocates for policies and legislation that protects our public health, our environment, and the economy. Has offices in Philadelphia, Harrisburg, Pittsburgh and Wilkes- Barre and serves as the Pennsylvania affiliate for the National Wildlife Federation. Focuses on water, air, land conservation, and energy. Our tag line is: Every environmental victory grows the economy. 2

3 Photos: Rutgers Cooperative Extension The Pennsylvania Environmental Council (PEC) protects and restores the natural and built environments through innovation, collaboration, education and advocacy. PEC believes in the value of partnerships with the private sector, government, communities and individuals to improve the quality of life for all Pennsylvanians.

4 Workshop Overview Understanding MS4 permitting process Overview of Pennsylvania s MS4 program Ways to get involved in the stormwater planning process Where to find more stormwater management educational resources Changes to the Federal MS4 Program 4

5 Identifying the problems and tackling the solutions for Municipal Stormwater Management 5

6 CWA : Clean Water Act NPDES : National Pollutant Discharge Elimination System MS4 : Municipal Separate Storm Sewer System PAG-13 : Pennsylvania General Permit SWMP : Stormwater Management Plan MCM : Minimum Control Measures BMP : Best Management Practices TMDL : Total Maximum Daily Load WLA: Waste Load Allocation 6

7 Municipal Separate Storm Sewer System 7

8 Municipal Separate Storm Sewer System (It sounds cooler than MSSS) System owned or operated by a public agency, such as a city, town, county, flood control district, state, or federal agency Does not connect to the sanitary sewer system and does not lead to a wastewater treatment plant Drains, ditches, curbs, and gutters that move stormwater from one place to another 8

9 Why Does My Municipality Need to Submit a Stormwater Permit? Owns and operates a municipal separate storm sewer system Located within Urbanized Area defined by US Census Data 9

10 PA MS4 Communities 10

11 1972 Clean Water Act Regulate pollutants discharged into water Implement pollution control programs Fund sewage treatment plant construction under the construction grants program Recognized the need for planning 11

12 1972 Clean Water Act Good start, but Two of every five waterways are still considered to be impaired by pollution What s the problem? Pollution from Multiple Sources not single pipe 12

13 Federal Regulation Time Line 1972 Clean Water Act 1990 NPDES Ph 1 - medium to large cities CSO 1987 Section 319 establishes National program to control NPS pollution and grants 1999 NPDES Ph 2 MS4 (municipal separate storm sewer systems ) - townships/boroughs

14 Pennsylvania Regulation Time Line 2002 PA issues first Phase 2 (Municipal Separate Storm Sewer System) permits Permits Submitted 2011 PA updates Phase 2 General Permit (PAG-13) 2013 PA continues to review permits; 30% approved

15 Stormwater Management Program Plans must: Contain measurable goals for the six Minimum Control Measures or MCMs Contain Specific Activities to meet goals for each MCM Enact or implement either: An MS4 Stormwater Management Ordinance An ordinance that satisfies an MS4 Stormwater Management Ordinance Checklist Submit a Total Maximum Daily Load Plan if applicable 15

16 MCMs Minimum your Control SWMP Measures in a Stormwater Management Plan (SWMP) 1. Public education and outreach 2. Public involvement and participation 3. Illicit discharge detection and elimination 4. Construction site runoff control 5. Post-construction stormwater management in new development and redevelopment 6. Pollution prevention and good housekeeping for municipal operations and maintenance 16

17 Every MCM has its actions 1. Public education and outreach Educate the community on the pollution potential of common activities Increase awareness of links between land activities, and local water resources Give the public specific actions that reduce stormwater pollution-potential Create a plan ID audiences (business, homeowners, schools) Newsletter Distribute educational materials 17

18 Every MCM has its actions 2. Public involvement and participation Facilitate opportunities for direct action and volunteer programs Establish watershed groups and conservation corps teams Develop citizen positions on a local stormwater management panel Develop written program Public review of ordinances Involve target audiences 18

19 Every MCM has its actions Illicit discharge detection Develop a storm sewer system map Develop an ordinance prohibiting illicit discharges Create a plan to detect and address these illicit discharges Start an education program on the hazards associated with illicit discharges

20 Every MCM has its actions Construction site runoff control Develop requirements to implement erosion and sediment control BMPs Establish ordinances and procedures for reviewing construction site plans Establish procedures for inspections and enforcement of stormwater requirements at construction sites.

21 Every MCM has its BMPs Post-construction SWM Create strategies to implement a combination of structural and non-structural BMPs Develop an ordinance to address post-construction runoff at new developments Establish a program to ensure adequate long-term operation and maintenance

22 Every MCM has its actions Pollution Prevention Develop inspection and maintenance procedures and schedules for SWM BMPs Treat pollutants from transportation infrastructure, waste transfer stations, etc. Establish procedures for properly disposing of pollutants removed from the MS4 Identify ways to incorporate water quality controls into flood management projects.

23 Stormwater Management Program Plans must: Contain measurable goals for the six MCMs Contain actions for each MCM Enact or implement either: An MS4 Stormwater Management Ordinance An ordinance that satisfies an MS4 Stormwater Management Ordinance Checklist Submit a Total Maximum Daily Load Plan if applicable 23

24 Total Maximum Daily Load Maximum amount of pollution that a water body can receive and still meet water quality standards Supporting Uses Aquatic life Recreation Water supply 24

25 Total Maximum Daily Load Municipalities with impaired streams are required to reduce pollution to meet a TMDL standard Tool to address past impacts Wissahickon has sediment TMDL: Munics submit TMDL Plan with MS4 permit Show measureable progress (i.e. lbs. sediment/year reductions) Control measures: riparian forest buffers, tree planting, stormwater basin retrofits, restored stream bank.

26 PA TMDL Streams by Pollutant 26

27 Re-Cap Reviewed MS4 basics Described the 6 MCMs Introduced TMDL Concept Next Overview of MS4 Communities in PA Stream Impairment Overview Changes in MS4 Permit Requirements 27

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29 MS4 Permitting in Pennsylvania General permit (PAG-13) and individual permits 6 Minimum Control Measures ( MCMs ) Additional requirements for Small MS4s that are: In the Chesapeake Bay watershed Assigned a wasteload allocation ( WLA ) in a TMDL 30

30 Is my municipality eligible for coverage under PA General Permit 13? Are any of your small MS4s regulated? Yep Does your regulated MS4 meet all criteria for General Permit Eligibility? Yep Your municipality is eligible for coverage under PAG-13! No No No MS4 Permit is needed You must apply for an individual NPDES MS4 Permit 31

31 Pennsylvania Water Quality 86,000 Stream miles 83,438 Assessed Aquatic Life 16,000 (19%) Impaired ALU Sources Agriculture AMD Urban Runoff Causes Siltation Metals ph Nutrients Water Flow/Variability Source: DEP 2014 Pennsylvania Integrated Water Quality 32 Monitoring & Assessment Report

32 PA MS4 Communities 33

33 Close-up on Philadelphia Region 34

34 Status of Aquatic Life Use Source: DEP 2012 Pennsylvania Integrated Water Quality Monitoring & Assessment Report 35

35 What is a TMDL Plan? The TMDL Plan explains how the municipality plans to reduce stormwater pollution consistent with its wasteload allocation ( WLA ) requirements. 36

36 What is a TMDL Plan? For the current permit cycle, it may be submitted in two parts: TMDL Strategy (due at time of application already submitted) TMDL Design Details (due one year after permit application is approved) 37

37 Changes to PA s MS4 Permit 2013 Permit (Current) 2018 Permit (As Proposed) Small MS4 may submit TMDL Plan as part of PAG-13 Notice of Intent TMDL Plan may be submitted in two steps Limited public participation Small MS4s with WLA for any pollutant must submit TMDL Plan No additional obligation for dischargers to impaired waters Small MS4 required to submit TMDL Plan (for nutrients/sediment) must obtain individual permit TMDL Plan must be submitted in one step with the individual permit application Enhanced public participation: Locallevel notice and comment for all TMDL Plans and Chesapeake Bay PRPs TMDL Plan required only for nutrient/sediment WLA; standard appendices may be used for other pollutants (AMD, pathogens, PCB, etc.) Dischargers to impaired waters must submit Pollutant Reduction Plan 38

38 MS4 Requirements Table DEP published a table that lists the MS4 requirements for each MS4 municipality.

39 Upcoming Public Participation Opportunities When to expect the opportunity for public participation What to look for when reviewing MS4 permit applications, including TMDL Plans. 40

40 Changes to Current MS4 Permits For any pending PAG-13 applications that include Nutrient/Sediment TMDL Plans during the current permit cycle: DEP sent review letters in February 2015 Municipalities will make any necessary revisions to their plans and complete a local-level public participation process before re-submitting to the Department 41

41 Changes to Current MS4 Permits (cont.) For MS4s with approved TMDL Strategies, there will be a process for TMDL Design Details similar to the process described above DEP held workshops for municipalities For more information, view DEP s webinar at: ermanagement/municipalstormwater/program_chan ges_final_mp4.mp4 42

42 Public Participation Opportunities (cont.) Revised Municipal TMDL Strategies/Design Details TMDL Strategies TMDL Design Details DEP Comment Letter to Municipality March 1, 2015 June 1, 2015 Latest Date for Municipal Submission to DEP December 31, 2015 March 31, 2016 PLEASE NOTE: Municipalities are required to hold a 30-day, municipal-level notice and comment period for these plans. Individual municipalities may choose to begin/end their own public participation process at varying times. 43

43 What to Look for: TMDL Strategies MUNICIPALITIES W/ TMDL STRATEGIES THAT HAVE NOT BEEN APPROVED- LATE FALL 2015 A TMDL Strategy should: Accurately report WLAs and required load reductions (Compare to TMDL documents) Follow one of the approved methods for parsing wasteload allocations (if parsing is done) Must include a map Include a reasonable timeline for meeting wasteload allocation requirements (400 years is NOT reasonable.) 44

44 What to Look for: TMDL Strategies (Cont.) A TMDL Strategy should: (cont.) Propose the use of specific control measures and BMPs to reduce pollution from stormwater Brief analysis justifying choice of control measures and BMPs Expected load reductions from each of the BMPs Explain source of pollution and why selected measures are appropriate to address it Consider local factors that may impact effectiveness 45

45 What to Look for: TMDL Strategies (Cont.) A TMDL Strategy should: (cont.) Show that proposed controls are sufficient to attain TMDL reduction requirements Provide reasonable suggestions for stormwater BMPs considering municipal budget and physical constraints Be signed and sealed by a Professional Engineer Has the municipality addressed all of DEP s comments? Can you suggest better ways of managing stormwater? Are there any opportunities the municipality overlooked? 46

46 What to Look for: TMDL Design Details MUNICIPALITIES W/ APPROVED TMDL STRATEGIES WINTER 2016 TMDL Design Details should: List all BMPs installed since the date of the TMDL report Include an analysis of sources of TMDL pollutants Include specifics about each of the BMPs to be installed Location information Timeline for installation Estimated load reduction 47

47 What to Look for: TMDL Design Details (cont.) TMDL Design Details should (cont.): Describe how the municipality will satisfy WLA obligation (may be completed over multiple permit cycles) Contain a record-keeping plan for load reductions Explain how proper operation and maintenance of the BMPs will be ensured Be signed and sealed by a Professional Engineer Has the municipality addressed all of DEP s comments? 48

48 How do I get involved? Obtain a copy of DEP s review letter for your municipality s TMDL Strategy/Design Details Look for public notice information on municipal website or newspaper Check with EAC members Ask your municipal engineer 49

49 PA Stormwater Resources For MS4 Detailed Information and Webinars: mmunity/municipal_stormwater/21380 Regional Watershed Studies and Maps: For Stormwater Educational Videos/Brochures Coalition for the Delaware River Watershed 50

50 Changes to Federal Regulations re: Small MS4 Permits NRDC and EDC brought successful challenge to EPA Small MS4 regulations (2003) EPA discussed revisions to federal stormwater rules, but never proposed them In 2014, NRDC and EDC asked Ninth Circuit to require EPA to take action to implement 2003 decision Settlement reached: Proposed rule: December 17, 2015 Final rule: November 17, 2016 New rule could impact current state general MS4 permits 51

51 Susan Myerov Mike Helbing 52