Deadline Approaching For Renewal Of Industrial Permit Coverage In Texas

The general discharge permit for stormwater associated with industrial activities (General Permit # TXR050000 was recently revised by the Texas Commission on Environmental Quality (TCEQ). The new permit became effective on August 14, 2011. The revised permit required that all industrial dischargers that had been covered under the previous expired permit renew their permit authorization by completing and submitting a new application for coverage (Notice of Intent, or NOI).

To be eligible for renewal, existing dischargers are required to submit their renewal application no later than November 14, 2011.

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.

For further information contact Caltha LLP atinfo@calthacompany.comorCaltha LLP Website

Applying for New Texas TPDES Multi Sector General Permit

The TCEQ is proposing to issue the new TPDES Multi Sector General Permit (MSGP) in July 2011 with the effective date of August 14, 2011. The TCEQ plans to send renewal notification letters to inform current permittees that facilities who want to renew permit coverage have until November 21, 2011 to submit the required application form (NOI or NEC). Current permittees who do not want to renew coverage must submit an NOT before September 1, 2011, to avoid the $200 annual water quality fee.

According to TCEQ, renewal application forms will not be available nor accepted before the permit effective date of August 14, 2011. If an operator submits an NOI or an NEC before the effective date of the permit, a new authorization under the existing permit will be processed.

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.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

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.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Hazardous Metals in Stormwater – Texas (TCEQ) Requirements

As general permits for stormwater discharges are revised, States will attempt to address requirements for impaired waters into the permit requirements. How these requirements are expressed in the permit varies widely from State-to-State. Some States have developed requirements which promote pollution prevention measures.

As one example, the State of Texas has detected levels of selected heavy metals in surface waters which are of concern, and has promulgated numeric discharge standards for “hazardous metals” into the industrial stormwater permit. However, the Texas Commission on Environmental Quality (TCEQ) approach is to allow facilities to do a self-assessment for sources of hazardous metals and implement pollution prevention measures to avoid the higher costs of hazardous metal sampling and testing. To be exempted, facilities must certify that:

• Facility does not use a raw material, produce an intermediate product, or produce a final product that contains one of the listed hazardous metals, or


• Any raw materials, intermediate products, or final products which contain a hazardous metal are never exposed to stormwater or runoff, or


• Facility collects and analyses stormwater samples from the facility and the results indicate that hazardous metal(s) are not present in detectable levels.
  

Waivers may be obtained on a metal-by-metal basis, or on an outfall-by-outfall basis. A waiver from hazardous metals monitoring does not exempt the facility from other benchmark monitoring requirements which may apply. [Read more about benchmark monitoring]

Caltha LLP provides support to facilities nationwide on meeting State stormwater permit requirements and developing effective stormwater pollution prevention programs, including SWPPP training and stormwater compliance training programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Knowledge Based SWPPP Training – Texas (TCEQ) Construction Permit Example

Stormwater training requirements in most general permits are prescriptive and require specific documentation to demonstrate compliance. If documentation can be produced that shows an employee received appropriate training, the permit requirement is considered to be met. Most often, training rooster sign-in sheets are used as documentation.

An alternate requirement for SWPPP training is “knowledge-based”, meaning that compliance or noncompliance is determined by what the employee knows and not what training courses the employee has attended.

An example of knowledge-based training requirements is found in the Texas Commission on Environmental Quality (TCEQ) general permit for construction stormwater discharge (Permit # TXR150000). In this permit, “training” is only required for personnel responsible to conduct site inspections. No specific training needs to be documented. However, inspectors must be “knowledgeable of [requirements of the] general permit, familiar with the construction site, and knowledgeable of the SWPPP for the site”. Regardless of any specific training inspectors can show, if they can not meet these performance criteria, they may not be considered qualified to conduct inspections.

Although knowledge-based training requirements have the advantage that no specific training documentation is needed, they also require a higher standard for actual knowledge. Employers need to assure that their employees know what they need to know.


Caltha LLP has several training programs created to help Texas contractors meet the performance standards of the TCEQ construction site discharge permit, including several customized programs to meet the requirements of small and medium size contractors in all States.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website