Trends in Stormwater Permitting by 3LIxE4Wt


									    Trends in Stormwater
Joyce Brenner, P.E.
Chief of Stormwater Policy,
Planning, and Permitting
Division of Environmental Analysis
Caltrans Headquarters

Road Ecology Meeting
February 26, 2009
    Caltrans NPDES Permitting History
    Status of New Permit
    Upcoming Trends in Permitting
    Stormwater Quality Issues/Concerns
    Our Anticipated Tasks
 Brief History on Caltrans
 NPDES Permit
                                   Regional Caltrans      Board      NPDES      Adoption        Juris diction
                                    Board   District
 Originally 9 NPDES Permits
                                                          Orde r     Permit      Date
                               1   North       4          97-119    CA0025038   10/22/97   Santa Rosa Municipal

 Consolidating Caltrans       2
                                   San         4, 10      94-098    CAS029998   8/17/94
                                                                                           San Francisco Bay

  permitting with the State        Francisco

                               4   Los         7          90-079    CA0061654   6/18/90    Co-Permittees within
  Board to insure statewide        Angeles                                                 LA County including
                                                                                           Caltrans as a „Co-
  consistency.                 5   Central     6          94-244    CA0083500   9/16/94
                                                                                           Fresno area (cities of
                                   Valley                                                  Fresno and Clovis and
 Statewide Permit issued in   5   Central     3, 4, 6,   95-001    CA0083640   1/27/95
                                                                                           portions of the county)
                                                                                           “System-wide” – for
  1999                             Valley      10                                          urbanized areas - map
                                                                                           showing boundaries of
                                                                                           covered roadways
                                                                                           included in application
                               6   Lahontan    3          6-93-62   CAS616002   6/11/93    Lake Tahoe Hydrologic
                               7   Colorado    8, 11      94-038    CAS617001   11/15/94   Highways within
                                   River                                                   urbanized areas
                                   Basin                                                   (Coachella Valley?) –
                                                                                           (post miles specified)
                               8   Santa       8, 12      94-5      CA8000279   7/8/94     Santa Ana Region (post
                                   Ana                                                     miles specified)
                               9   San         8,11, 12   97-08     CAS029998   3/12/97    San Diego Region (?)
Awaiting new NPDES Permit

 Statewide NPDES permit term ended in
  2004, administratively extended
 Continue to operate under current permit
 New Draft Permit expected ???
 Public Comment Period ???
 Workshops ???
 Adoption??
Anticipated new NPDES
   Extensive Location-specific Requirements
   Hydromodification (pre-post hydrologic balance)
   Proposed New Construction Permit Requirements
   TMDLs and 303d listings of Impaired waterbodies
303(d) Listed

  1,780 pollutant/
  Stakeholder in
   more than 40
  Potential for up to
   200+ TMDLs
Water Quality Issues / Activities

 Floodplain encroachment – NPDES, Biology
 Critical Habitat (ESA) - Biology
 Water supply/Groundwater- Hydraulics
 Discharges to land (WDRs) – NPDES, Construction,
 Stormwater -
 Hydromodification – NPDES, Design, Hydraulics
 Dewatering (groundwater vs. stormwater) – NPDES,
  Hydraulics, Construction, Maintenance
401 and NPDES Permit
 Section 401 water quality certification should be
  consistent with beneficial uses identified in the Basin
 Section 401 certification should contain reference to the
  beneficial uses to be protected, and link the conditions to
  restoring, or maintaining past, present, and/or probable
  beneficial uses.
 Address early in the project to avoid delays
 Part of NPDES permit water quality requirements –
  permit requires compliance with water quality standards
Compliance Tasks

 Water Quality issues have created challenges for
  project delivery
 Analysis at late stages of project delivery creates
  difficulties in modification of projects
 HQ has been working with the State Water Board,
  Districts working with 9 Regional Boards on a
  project by project basis.
 Major changes are on the horizon. Changes
  driven by Regional Board initiatives
 Anticipated Compliance
 Planning/Environmental review
   Increased focus on watershed impacts and mitigation
   New numeric limitations on pollutants and runoff volume
   Increased right-of-way for treatment, flow controls: ponds,
    grass swales, and infiltration of runoff
   More collaboration with locals
   TMDLs for “impaired” waterways will require retrofit
    treatment controls
 Design
   Limit runoff – no increase in volume, duration
   Low impact development (LID) – change from end-of-pipe
    treatment to “holistic” controls
   Technology to meet specific numeric limits on pollutants
   Controls during construction – can’t leave it to contractor
    Anticipated Compliance
 Construction
    Approval process for sediment controls in addition to established
     BMP’s – possible delay
    Controls during construction – can’t leave it to contractor
    Treatment costs to control runoff turbidity for some sites with fine soils:
     chemical addition and filters
    More public oversight – all site documents posted
 Maintenance
    Increased costs to manage all treatment controls
    More institutional controls
 Current – Anticipated
 Compliance Requirements

 DEA (Division of Environmental Analysis)
   More program effort – extensive tracking, reporting
 Management
   Government focus on costs – are all TMDLs doable?
   Need support from other agencies – e.g., legislation to
    reduce copper from brake pads
Recent Modifications in Analysis

 Maximum Extent Practicable (MEP) – Statewide Interpretation
    “NPDES permits issued for MS4 stormwater discharges require controls to reduce the
     discharge of pollutants to the Maximum Extent Practicable (MEP)…
    Water quality requirements in our statewide permit: stormwater discharges may not
     cause or contribute to exceedance of water quality standards.”

 Design Staff: Modifications to Project Planning Design Guide
  (PPDG) December 2008
 Interim Scoping Questionnaire for Water Quality Issues
 Projects that require a 401 certification should evaluate the
  feasibility of post construction BMPs, to insure that water
  quality standards are met.
 New SER Language Proposal

 WQ section will include a discussion of
  watersheds and receiving waters that are
  potentially affected by the project
 A checklist to assess water quality impacts will
  be used until final guidelines for water quality
  assessment are adopted

 Joyce Brenner, P.E.
 Chief of Stormwater Policy, Planning, and
 Division of Environmental Analysis
 Caltrans Headquarters
 (916) 653 2512

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