Stormwater Construction General Permit CGP TXR 150000 TCEQ

Stormwater Construction General Permit (CGP) TXR 150000 TCEQ Environmental Trade Fair May 2017

Stormwater associated with construction and support activities Certain non-stormwater discharges

Clearing Grading Excavation Demolition Activities that disturb or expose soil

Person or persons associated with a large or small construction activity Can be either a primary or secondary operator

• Have on-site operational control over construction plans and specifications, including the ability to make changes Large Construction Sites • Have day-to-day operational control activities at a site to ensure compliance with a stormwater pollution prevention plan (SWP 3) and CGP permit

Can you make changes to the plans and specifications? Do you have overall or day-to-day control of activities to ensure compliance with SWP 3 and CGP? Do you have operational control over construction plans and specifications? If you answer YES to any question you are a primary operator. You are required submit a NOI.

Secondary Operator – Large Construction Sites Operational Control is Limited to: The employment of other operators OR The ability to approve or disapprove changes to the plans and specifications No day-to-day operational control over construction activities at the site

Site Map Pollution prevention procedures Estimated dates of construction activities Description of stormwater controls Procedures for inspections, maintenance, and corrective action

Primary Operator Requirements SWP 3: develop, implement, and maintain a copy on-site (update as necessary) Notice of Intent (NOI): complete, submit, and pay application fee to TCEQ Copy of signed NOI: send to MS 4 operator prior to starting construction activity Primary Operator Site Notice: post at site entrance Final stabilization requirements: must be met prior to termination of authorization Notice of Termination (NOT): send to TCEQ and a copy to the MS 4

SWP 3: participate in the development (according to the permit requirements) and sign Secondary Operator Site Notice: complete and post at site entrance Notification to the local MS 4 submit a copy of the site notice or alternative notification NOI, NOT ARE NOT REQUIRED

Prepare and implement SWP 3 Adhere to requirements of permit NOI, NOT ARE NOT REQUIRED Post Small Site Notice Notify MS 4, if applicable

Implement and maintain BMPs Notify MS 4, if applicable NOTE: Poor management of unpermitted sites may result in a violation or citation for unauthorized discharges or nuisance conditions. SWP 3, NOI, NOT are not required

TXR 150000 Also Covers:

Types of Construction Permits Authorization under TXR 150000 Construction General Permit Individual Permits

By Mail. Paper NOI Fee: $325 Online through *STEERSe-NOI Provisional coverage begins 7 days after postmarked date *State of Texas Environmental Electronic Reporting System (STEERS) Fee: $225 Immediate coverage once fee is paid and application is submitted

YES I certify that I have obtained a copy and understand the terms and conditions of the CGP (TXR 150000). YES I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas.

YES I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed. YES I certify that a Stormwater Pollution Prevention Plan has been developed, will be implemented prior to construction and to the best of my knowledge and belief is compliant with any applicable local sediment and erosion control plans, as required in the general permit TXR 150000.

Submit a Notice of Change (NOC) form to: • To correct information on the NOI • typographical errors, incorrect site address or acreage, etc. • Make changes due to expansion of the project • additional acreage, starting a new phase

Large Construction Authorization for Coverage: • Provisional coverage begins 7 days after a paper NOI is postmarked OR • Coverage is immediate upon submitting a NOI using the e-Permits system Small Construction Authorization for Coverage: • Automatic on condition of complying with applicable permit requirements (NOI not required)

All soil disturbing activities completed Even distribution of perennial cover to a density of 70% of native background Excludes areas that are: -Paved -Covered by permanent structures or - Covered with equivalent permanent stabilization measures

Primary Operators must: • Meet final stabilization requirements and remove temporary BMPs • Remove Primary Operator site notice • Submit NOT to TCEQ • Submit copy of NOT to MS 4 operator (if applicable) Secondary Operators must: • Remove Secondary Operator site notice • Send completed copy of the site notice to the MS 4 (if applicable) • NOT is not applicable

Each Operator must: • Meet final stabilization requirements and remove temporary BMPs • Remove site notice • Send completed copy of the site notice to the MS 4 (if applicable) • NOT is not applicable

Renewal process began in August 2016. Draft permit sent to EPA for 90 -day review on 2/20/2017. Internal input received from various TCEQ programs. Deputy Director, Office of Water, briefed on 2/17/2017. Stakeholder Meeting held on 10/17/2016. Comment period ended on 11/1/2016. Input received from stakeholders.

2018 CGP Proposed Changes • Addition of rules and guidelines for the EPA e-reporting rule, which requires electronic submission of Notices of Intent, Notices of Termination, and Low Rainfall Erosivity Waivers by September 1, 2020. • A waiver option will be available for certain reasons, such as; religious beliefs, no internet access, and others. • TCEQ will begin requiring electronic submittal of all NOIs, NOTs, and LREWs as of September 1, 2018.

2018 CGP Proposed Changes • Incorporate the 2014 and 2015 amendments to federal the effluent limitations guidelines for construction and development discharges located in 40 CFR Part 450. • Add definitions of Infeasible and Low Rainfall Erosivity Waiver (LREW) form. • Clarified the definitions of Construction Activity and Impaired Water.

2018 CGP Proposed Changes • Add requirements for minimizing the exposure of waste materials by keeping waste container lids closed when not in use. • Add footnote to the benchmark monitoring table for Concrete Batch plants to clarify that analytical results for certain pollutants must to be obtained from a NELAP certified laboratory. • Add requirements for implementing controls to minimize the exposure of building materials containing polychlorinated biphenyls (PCBs) to precipitation and stormwater during demolition. • Add requirements for implementing controls at construction sites that will discharge to an impaired waterbody or a waterbody with an approved TMDL PCBs.

2018 CGP Proposed Changes • Revise the limitations for permit coverage for construction activities related to oil and gas production. • Revise the benchmark monitoring level for Total Suspended Solids (TSS) from 100 milligrams per Liter (mg/L) to 50 mg/l. • Revise to clarify that an applicant who owns or operates a facility classified as an “unsatisfactory performer” is entitled to a hearing before the Commission prior to denial or suspension of authorization.

2018 CGP Proposed Changes • Add clarifications for posting site notices for operators of small construction and secondary operators of large construction. • Add clarification that posted small construction site notices may have a redacted signature if there is an original signed and certified copy of a site located at the site. • Additional clarification in the impaired waterbodies section of permit that references the CWA 303 (d) List and the Texas Integrated Report. • Other small revisions and clarifications.

Address any EPA Objections or Comments Deputy Director briefing – July 2017 Permit Issuance – 3/13/18 Publish in newspaper and Texas Register – August 2017 Public Meeting – Sept. 2017 Commissioner’s Agenda for Adoption – 2/14/18 30 Day Public Comment Period – Aug. – Sept. 2017