Evolving NPDES Permits

Transcription

1 Evolving NPDES Permits

2 Overview Impaired Waters & TMDLs Watershed Approach Transportation MS4 Permits Electronic Reporting

3 Impaired Waters, TMDLs and Storm Water Permits

4 What is an impaired water? Designated Uses Assigned by States Fishable, swimmable, water supply, wildlife/livestock watering, etc. Water Quality Criteria approved by EPA Instream criteria to support the designated uses Narrative (WET, aesthetics, etc.) and Numeric (Cu, Pb, PCBs, pesticides, DO, bacteria, etc.) Impaired waters exceed the standards and usually trigger a TMDL to return to attainment Best goal is to make sure permitted discharges don t cause or contribute to impairment

5 Why are TMDLs Important? TMDLs are the plan for restoring an impaired water they are the budget for pollutant loads the waterbody can actually assimilate TMDL = WLA + LA + GF+ MoS Waste Load Allocation (WLA) is piece of the pie for NPDES-regulated point sources WLAs are implemented through permits

6 What About Allowing New Discharges? 9 th Circuit Ruling on Pinto Creek (Carlota Copper Co.) case largely hinged on 40 CFR 122.4(i) which says no permit may be issued to a new discharger into an impaired water with a TMDL unless: (1) There are sufficient remaining pollutant load allocations to allow for the discharge; and (2) The existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards.

7 Permitting Under a TMDL Need for permit to be consistent with TMDL starts when TMDL approved regardless whether a TMDL Implementation Plan (IP) is available Can be challenging especially where TMDL is vague on how to assure compliance with the TMDL (e.g., aggregated loads, IP refers to unenforceable voluntary actions by permittees, etc.) Permit conditions implementing TMDLs need to be clear and enforceable to provide reasonable assurance that the WLAs will be met. Can include schedules consistent with TMDL.

8 Reasons to Disaggregate WLAs? Each individual permittee knows what their target is for developing and revising programs. Individual permittees (and public/regulators) can know when they ve done their fair share.

9 Region 6 Expectations for MS4 Permits Pre and Post TMDL Pre-TMDL Interim pollutant reduction plan with BMPs targeting Pollutants of Concern (PoC) (especially those related to illicit discharges) Include monitoring/reporting on PoC/reduction plans Post-TMDL Include WLA as measurable goal and include specific pollutant reduction plan requirements Include any schedules/milestones from TMDL Include monitoring/reporting on PoC/reduction plans Supplement as necessary to address TMDL Implementation Plan, if available

10 Possible Flexibility Adopting WLA as a measureable goal and use BMPs as limit vs. end-of-pipe limit Initial use of Aggregate WLA, with switch to disaggregation if not able to show progress on meeting WLA. Schedules for compliance Exactly how to assess compliance

11 Watershed Approach

12 What Is the Watershed Approach? An approach to permitting that results in permits that can offer some flexibility and be better tailored to the needs of the watershed: Focus on WQ problems for the watershed Accommodate/encourage cooperation among political jurisdictions to potentially improve effectiveness and reduce cost of compliance Permittees collaborate and tailor programs to watershed needs and watershed requirements (including TMDLs) Integrating the Phase I and Phase II MS4s

13 What Are the Expected Benefits? Environmental results Integrated water programs Coordinated and more cost effective watershed monitoring plans Enhanced involvement and cooperation Program efficiencies Better targeted use of resources Promotes Green Infrastructure (GI) and Low Impact Development (LID) Techniques Promote interdisciplinary professional dialogue

14 What Are the Expected Challenges? Expanding stakeholder involvement Interaction with other storm water practitioners (e.g., developers) Making an initial investment Dealing with the flexibility Conflicting jurisdictional requirements Accommodating water rights requirements

15 Other Challenges.. Different entities working together Development of multiple interjurisdictional agreements Time frame to issue the permit (proposed issuance: October 2012) Time frame to revise/issue local ordinances (target 1-2 years?) Working in challenging economic times Educating and getting buy-in from elected officials

16 Example of Watershed Based Stormwater Approach The Southern CA Water Committee: - A Regional Stormwater Task Force was established in The Committee developed regional consensus-based strategies and recommendations for utilizing stormwater effectively as a new local water supply. - Proposed strategies to reduce the urban runoff water pollution problems within the coastal plain of Southern California

17 Example of MS4 Cooperative Approach North Central Texas Council of Governments - Cities in the Dallas-Fort Worth Metroplex : - developed a regional monitoring approach that allowed permitting authority to consider alternative monitoring plans that reduced total costs - developed Integrated Storm Water Management (ISWM) plan for constriction and development with criteria and technical manuals that provide some consistency for developers while allowing some local flexibility - develop and bulk purchase education and outreach materials (e.g., videos and storm drain markers)

18 Coming Soon Draft General Permit for Middle Rio Albuquerque - Consolidates both Phase I and Phase II MS4s - Area includes waters of State and three Indian Tribes - Accommodates cooperative programs - Addresses bacteria TMDL with WLAs as Measurable Goals - Addresses impairments/endangered Species concerns for DO, Temperature, PCBs by requiring targeted controls - Flexibility for individual or cooperative programs, including monitoring - Flexibility for alternative monitoring approaches - Programs to mimic predevelopment hydrology consistent with Water Rights requirements

19 Transportation MS4 Permits

20 Roadway MS4s Linear transportation systems often stretch for many miles, and cross numerous waterways, watersheds, and jurisdictions. Transportation storm conveyance systems often discharge stormwater and associated pollutants that originate outside of the transportation rightof-way. Transportation systems often serve a literally transient population. There is little to no enforcement authority to implement ordinances.

21 Future Roadway MS4 Permits? EPA s Storm Water Rule considering requirements for transportation MS4s Several states, including TX and OK looking at special MS4 permits for DOTs EPA Region 1 working on a separate individual small MS4 permit for MassDOT with a draft available in 2013 Maine issued as DOT permit in 2008 expires 2013:

22 Electronic Reporting

23 Why Electronic Reporting? More efficient More timely More transparent More consistency

24 What Could be Electronically Reported? NOIs - enoi systems DMRs - Net DMR Reports???

25 QUESTIONS?