Proposed Texas Multi Sector General Permit For Industrial Storm Water Discharge

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP) TXR050000, issued August 14, 2006, which authorizes the discharge of storm water associated with industrial activity. The draft MSGP specifies which facilities must obtain permit coverage, which are eligible for exclusion from permit requirements, which may be automatically authorized, and which may be required to obtain individual permit coverage.

Some of the key changes to the existing MSGP include:

• Added a section to the general permit stating that certain types facilities are covered under the general permit without submitting an NOI, nor having to implement a SWP3 according to the requirements of the general permit, provided that certain specific permit conditions are met
• A new option for transportation facilities (land transportation and warehousing, water transportation, and air transportation) to include storm water discharges from material handling and storage areas in their MSGP authorization.
• Authorization for contaminated storm water discharges from active landfill cells described by industrial activity codes HZ (hazardous waste treatment, storage, and disposal) and LF (landfills and land application sites) that are subject to 40 CFR Part 445, Subparts A and B.
• Changes to requirements for paper application forms, and increased the application fee by $100.00 for operators submitting a paper NOI or NEC form.
• Changes to benchmark sampling, including:
  1. Revised benchmark levels based on data that was submitted during calendar years 2007 and 2008.
  2. Added benchmark sampling requirements in Sector AD (Miscellaneous Industrial Activities) for pollutants commonly regulated in individual storm water permits: pH, COD, TSS, and oil and grease.
  3. Added a waiver option for benchmark sampling during Years 3 and 4, if sampling during Years 1 and 2 demonstrates that the annual average result for all benchmark parameters is below the benchmark level for the regulated sector.
  4. Revised reporting requirements so that Years 1 and 2 data would be submitted to TCEQ and Years 3 and 4, if collected, would be retained on site, except that any annual average result exceeding a benchmark level must be submitted to the TCEQ.
• Revision of permit language regarding “representative storm event” changed to “qualifying storm event,” to clarify that a precipitation event is considered representative (or qualifying) based on the fact that it produces a discharge, rather than based on the measured amount of precipitation (i.e., previously, a representative storm event would include at least 0.1 inch of measured precipitation).
• Additional revisions within several specific industries in Part V of the draft MSGP, including:
  1. Removed effluent limits for runoff from coal piles that are not associated with a steam electric power generating facility.
  2. Added or revised industry-specific requirements for most industrial sectors to be consistent with EPA’s 2008 MSGP.
• Revised the section “Impaired Water Bodies and Total Maximum Daily Load Requirements” to address new and existing discharges to impaired water bodies listed in accordance with Section 303(d)(1) of the federal Clean Water Act.
  

Caltha LLP provides expert consulting services to public and private sector clients in Texas and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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