Trends in Stormwater Trends in Stormwater PermittingPermitting

Joyce Brenner, P.E.Joyce Brenner, P.E.Chief of Stormwater Policy, Chief of Stormwater Policy, Planning, and PermittingPlanning, and PermittingDivision of Environmental AnalysisDivision of Environmental AnalysisCaltrans HeadquartersCaltrans Headquarters

Road Ecology MeetingRoad Ecology MeetingFebruary 26, 2009 February 26, 2009

OverviewOverview Caltrans NPDES Permitting HistoryCaltrans NPDES Permitting History Status of New PermitStatus of New Permit Upcoming Trends in PermittingUpcoming Trends in Permitting Stormwater Quality Issues/ConcernsStormwater Quality Issues/Concerns Our Anticipated TasksOur Anticipated Tasks

Brief History on Caltrans Brief History on Caltrans NPDES PermitNPDES Permit

Regional Board

Caltrans District

Board Order

NPDES Permit

Number

Adoption Date

Jurisdiction

1 North Coast

4 97-119 CA0025038 10/22/97 Santa Rosa Municipal Basin

2 San Francisco Bay

4, 10 94-098 CAS029998 8/17/94 San Francisco Bay Region

4 Los Angeles

7 90-079 CA0061654 6/18/90 Co-Permittees within LA County including Caltrans as a ‘Co-Participant’

5 Central Valley

6 94-244 CA0083500 9/16/94 Fresno area (cities of Fresno and Clovis and portions of the county)

5 Central Valley

3, 4, 6, 10

95-001 CA0083640 1/27/95 “System-wide” – for urbanized areas - map showing boundaries of covered roadways included in application

6 Lahontan 3 6-93-62 CAS616002 6/11/93 Lake Tahoe Hydrologic Unit

7 Colorado River Basin

8, 11 94-038 CAS617001 11/15/94 Highways within urbanized areas (Coachella Valley?) – (post miles specified)

8 Santa Ana

8, 12 94-5 CA8000279 7/8/94 Santa Ana Region (post miles specified)

9 San Diego

8,11, 12 97-08 CAS029998 3/12/97 San Diego Region (?)

Originally 9 NPDES PermitsOriginally 9 NPDES Permits Consolidating Caltrans Consolidating Caltrans

permitting with the State permitting with the State Board to insure statewide Board to insure statewide consistency. consistency.

Statewide Permit issued in Statewide Permit issued in 19991999

Awaiting new NPDES PermitAwaiting new NPDES Permit

Statewide NPDES permit term ended in Statewide NPDES permit term ended in 2004, administratively extended2004, administratively extended

Continue to operate under current permitContinue to operate under current permit New Draft Permit expected ???New Draft Permit expected ??? Public Comment Period ???Public Comment Period ??? Workshops ???Workshops ??? Adoption??Adoption??

Anticipated new NPDES Anticipated new NPDES PermitPermit Extensive Location-specific RequirementsExtensive Location-specific Requirements Hydromodification (pre-post hydrologic balance)Hydromodification (pre-post hydrologic balance) Proposed New Construction Permit RequirementsProposed New Construction Permit Requirements TMDLs and 303d listings of Impaired waterbodiesTMDLs and 303d listings of Impaired waterbodies

303(d) Listed303(d) Listed

1,780 pollutant/ 1,780 pollutant/ waterbody waterbody combinations combinations listedlisted

Stakeholder in Stakeholder in more than 40 more than 40 TMDLsTMDLs

Potential for up to Potential for up to 200+ TMDLs 200+ TMDLs

Water Quality Issues / ActivitiesWater Quality Issues / Activities

Floodplain encroachment – NPDES, BiologyFloodplain encroachment – NPDES, Biology Critical Habitat (ESA) - BiologyCritical Habitat (ESA) - Biology Water supply/Groundwater- HydraulicsWater supply/Groundwater- Hydraulics Discharges to land (WDRs) – NPDES, Construction, Discharges to land (WDRs) – NPDES, Construction,

MaintenanceMaintenance Stormwater - Stormwater -

NPDES/Design/Construction/MaintenanceNPDES/Design/Construction/Maintenance Hydromodification – NPDES, Design, HydraulicsHydromodification – NPDES, Design, Hydraulics Dewatering (groundwater vs. stormwater) – NPDES, Dewatering (groundwater vs. stormwater) – NPDES,

Hydraulics, Construction, MaintenanceHydraulics, Construction, Maintenance

401 and NPDES Permit401 and NPDES Permit

40

Section 401 water quality certification should be Section 401 water quality certification should be consistent with beneficial uses identified in the Basin consistent with beneficial uses identified in the Basin PlanPlan

Section 401 certification should contain reference to the Section 401 certification should contain reference to the beneficial uses to be protected, and link the conditions to beneficial uses to be protected, and link the conditions to restoring, or maintaining past, present, and/or probable restoring, or maintaining past, present, and/or probable beneficial uses.beneficial uses.

Address early in the project to avoid delaysAddress early in the project to avoid delays Part of NPDES permit water quality requirements – Part of NPDES permit water quality requirements –

permit requires compliance with water quality standardspermit requires compliance with water quality standards

Current Current Compliance TasksCompliance Tasks

Water Quality issues have created challenges for Water Quality issues have created challenges for project deliveryproject delivery

Analysis at late stages of project delivery creates Analysis at late stages of project delivery creates difficulties in modification of projects difficulties in modification of projects

HQ has been working with the State Water Board, HQ has been working with the State Water Board, Districts working with 9 Regional Boards on a Districts working with 9 Regional Boards on a project by project basis. project by project basis.

Major changes are on the horizon. Changes Major changes are on the horizon. Changes driven by Regional Board initiativesdriven by Regional Board initiatives

Anticipated Compliance Anticipated Compliance RequirementsRequirements

Planning/Environmental review Planning/Environmental review Increased focus on watershed impacts and mitigationIncreased focus on watershed impacts and mitigation New numeric limitations on pollutants and runoff volumeNew numeric limitations on pollutants and runoff volume Increased right-of-way for treatment, flow controls: ponds, Increased right-of-way for treatment, flow controls: ponds,

grass swales, and infiltration of runoff grass swales, and infiltration of runoff More collaboration with localsMore collaboration with locals TMDLs for “impaired” waterways will require retrofit TMDLs for “impaired” waterways will require retrofit

treatment controls treatment controls Design Design

Limit runoff – no increase in volume, durationLimit runoff – no increase in volume, duration Low impact development (LID) – change from end-of-pipe Low impact development (LID) – change from end-of-pipe

treatment to “holistic” controlstreatment to “holistic” controls Technology to meet specific numeric limits on pollutantsTechnology to meet specific numeric limits on pollutants Controls during construction – can’t leave it to contractorControls during construction – can’t leave it to contractor

Anticipated Compliance Anticipated Compliance RequirementsRequirements

ConstructionConstruction Approval process for sediment controls in addition to established Approval process for sediment controls in addition to established

BMP’s – possible delayBMP’s – possible delay Controls during construction – can’t leave it to contractorControls during construction – can’t leave it to contractor Treatment costs to control runoff turbidity for some sites with fine soils: Treatment costs to control runoff turbidity for some sites with fine soils:

chemical addition and filterschemical addition and filters More public oversight – all site documents postedMore public oversight – all site documents posted

MaintenanceMaintenance Increased costs to manage all treatment controlsIncreased costs to manage all treatment controls More institutional controlsMore institutional controls

Current – Anticipated Current – Anticipated ComplianceCompliance Requirements Requirements

DEA (Division of Environmental Analysis)DEA (Division of Environmental Analysis) More program effort – extensive tracking, reportingMore program effort – extensive tracking, reporting

ManagementManagement Government focus on costs – are all TMDLs doable?Government focus on costs – are all TMDLs doable? Need support from other agencies – e.g., legislation to Need support from other agencies – e.g., legislation to

reduce copper from brake padsreduce copper from brake pads

Recent Modifications in AnalysisRecent Modifications in Analysis

Maximum Extent Practicable (MEP) – Statewide InterpretationMaximum Extent Practicable (MEP) – Statewide Interpretation ““NPDES permits issued for MS4 stormwater discharges require controls to reduce the NPDES permits issued for MS4 stormwater discharges require controls to reduce the

discharge of pollutants to the Maximum Extent Practicable (MEP)…discharge of pollutants to the Maximum Extent Practicable (MEP)… Water quality requirements in our statewide permit: stormwater discharges may not Water quality requirements in our statewide permit: stormwater discharges may not

cause or contribute to exceedance of water quality standards.” cause or contribute to exceedance of water quality standards.”

Design Staff: Modifications to Project Planning Design Guide Design Staff: Modifications to Project Planning Design Guide (PPDG) December 2008(PPDG) December 2008

Interim Scoping Questionnaire for Water Quality Issues Interim Scoping Questionnaire for Water Quality Issues http://pd.dot.ca.gov/env/stormwater/tech_notes/tech_notes.hthttp://pd.dot.ca.gov/env/stormwater/tech_notes/tech_notes.htm m

Projects that require a 401 certification should evaluate the Projects that require a 401 certification should evaluate the feasibility of post construction BMPs, to insure that water feasibility of post construction BMPs, to insure that water quality standards are met.quality standards are met.

New SER Language ProposalNew SER Language Proposal

WQ section will include a discussion of WQ section will include a discussion of watersheds and receiving waters that are watersheds and receiving waters that are potentially affected by the project potentially affected by the project

A checklist to assess water quality impacts will A checklist to assess water quality impacts will be used until final guidelines for water quality be used until final guidelines for water quality assessment are adoptedassessment are adopted

Questions?Questions?

Joyce Brenner, P.E.Joyce Brenner, P.E.

Chief of Stormwater Policy, Planning, and Chief of Stormwater Policy, Planning, and PermittingPermitting

Division of Environmental AnalysisDivision of Environmental Analysis

Caltrans HeadquartersCaltrans Headquarters

(916) 653 2512 joyce_brenner@dot.ca.gov(916) 653 2512 joyce_brenner@dot.ca.gov