Deadline To Reapply For Texas General Permit Coverage Is June 3

The Texas Commission on Environmental Quality has renewed 2018 Construction General Permit (CGP) TXR150000 (2018 CGP) which became effective March 5, 2018. Project sites that would like continue their current authorization under the prior permit must reapply during the 90 day grace period which ends June 3, 2018.

 
SWPPP and SWPPP Training For
Residential Site Construction  


 Some of the important changes in the revised permit included:

• Added the 2014 and 2015 amendments to the federal effluent limitation guidelines (ELGs) (40 CFR Part 450 - Construction and Development Point Source Category)
• Added definition of “infeasible.” (Not technologically possible or economically achievable in light of best industry practices.)
• Added requirement to minimize pollutants in discharges.
• Added requirement to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points.
• Replaced the term “surface waters” with “Waters of the U.S.” (Water in the state was placed in the permit, rather than Waters of the U.S.)
• Added requirement to maximize stormwater infiltration to reduce pollutant discharges, unless infeasible.
• Added requirement which states that minimizing soil compaction not required where the intended function of a specific area dictates that it is compacted.
• Added requirement which states that a permittee must preserve topsoil, unless infeasible. The requirement also states that preserving topsoil is not required where the intended function of a specific area of a site dictates that the topsoil will be disturbed or removed.
• Added requirement which states that stabilization (in arid, semi-arid, and drought-stricken areas) must be completed within a period of time as specified by the permitting authority. The requirement also states that in limited circumstances, stabilization may not be required if the intended function of a specific area of the site necessitates that it remain disturbed.
• Revised the benchmark monitoring level for Total Suspended Solids (TSS) in the permit from 100 milligrams per Liter (mg/L) to 50 mg/L in discharges of stormwater from concrete batch-mixing plants covered under the permit. This change is consistent with the benchmark monitoring level for TSS that is required for concrete manufacturers and ready-mix concrete plants in the 2016 Multi-Sector General Permit (MSGP) TXR050000.
• Revised the definition of Construction Activity in Part I, Section B of the permit to more clearly capture “other construction-related activities” (i.e., soil disturbance that can occur from stockpiling of fill material and demolition), construction support activity, and any soil disturbance activities which have occurred in conjunction with construction-related activity and construction support activity.
• Clarified requirements for operators of small construction activities with low potential for erosion.
• Revised the language for inspections of construction sites that are consistent with the 2017 EPA CGP and requirements for inspection reports and completion of reports within 24-hours following the inspection.

Caltha LLP | Your Stormwater Permit, 

SWPPP and Spill Plan Partner

Who Needs To Certify SWPPP Plan? What Certifications Are Needed?

Under State and EPA stormwater permitting rules, a Stormwater Pollution Prevention Plan (SWPPP) may need to be certified. This signed SWPPP Certification is in addition to other types of certifications that may be required. The types of certifications will vary depending on the State and type of permit; in addition to SWPPP Certification, some other types of certifications might include:

• Non-stormwater Discharge Certification,
• No-exposure Monitoring Exemption Certification;
• Heavy Metal No-exposure Certification (in Texas);
• Annual Site Compliance Certifications;
• Endangered Species Certifications;
• Historic Places Certification,
• Environmental Professional Certification (in Indiana)
• Certified Stormwater Operator Certification (in Michigan)
• Others.

Rail Car Loading Area Covered In SWPPP Inspection

SWPPP Certification – What is Being Certified?

In most cases, the SWPPP Certification statement indicates that the SWPPP has been 1) prepared; 2) implemented and that 3) the SWPPP conforms to the requirements of the discharge permit. The SWPPP Certification generally includes a statement that the information documented is correct. The exact wording and scope of the certification statement will vary from State-to-State, but here is an example: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

 
Non-Stormwater Discharge At Industrial Facility

Who needs to certify the SWPPP?

In some States (for example, Michigan, Indiana, Connecticut and others), the SWPPP needs to be signed by a certified or qualified environmental professional. In most States, the SWPPP also needs to be signed by a Responsible Company Officer, or his/her duly authorized representative. State or EPA rules will determine who can sign the SWPPP. This SWPPP Certification can be in addition to any certifications needed by a qualified environmental professional.

 For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

 

Caltha LLP | Your Stormwater Permit, SWPPP 

and Spill Plan Partner

Revised Texas Industrial Permit 2016

The Texas Commission on Environmental Quality (TCEQ) has proposed to revise the current TPDES Multi Sector General Permit (MSGP) TXR050000, issued August 14, 2011 and expires on August 14, 2016. This permit authorizes the discharge of stormwater associated with industrial activity. The revised 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.



Click here for a Summary of Proposed Changes To the Current Texas Permit


Caltha LLP provides expert consulting services to public and private sector clients 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

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

Storm Resistant Shelter Requirement Under TCEQ Proposed No Exposure Exemption

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP) One of the key changes under the proposed MGSP will be the requirements to meet the No Exposure Exemption.

Facilities regulated under the MSGP may be excluded from permit requirements if there is no exposure of industrial materials or activities to precipitation or runoff. To qualify for this conditional exclusion from permit requirements, the operator of the facility must certify that industrial activities and materials are isolated from precipitation and runoff by storm resistant shelter (there are certain exceptions to the requirement for a storm resistant shelters). The certification must be submitted to the TCEQ on a No Exposure Certification (NEC) form, or other approved form.

Storm-resistant shelters include buildings or structures that have complete roofs and walls, as well as structures with only a top cover but no side coverings, as long as the materials or activities under the structure are not otherwise subject to any run-on and subsequent runoff of storm water, or mobilization by wind.

Facilities operating under a conditional no-exposure exclusion are subject to inspection by TCEQ to determine compliance with the exclusion. In addition, operators of facilities that qualify for this exclusion and that discharge storm water to a municipal separate storm sewer system (MS4) must provide a copy of their NEC form to the MS4 operator, even if not required by the MS4.

Caltha LLP provides expert consulting services to public and private sector clients 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.com or Caltha LLP Website

Polyaromatic Hydrocarbon (PAH) in Sealants - Stormwater Impact Studies

Collaborative studies by the City of Austin, TX, and the U. S. Geological Survey have identified coal-tar based sealcoat as a major and previously unrecognized source of polycyclic aromatic hydrocarbon (PAH) contamination. Several PAHs are suspected human carcinogens and are toxic to aquatic life.

Studies in Austin, Texas, showed that particles in runoff from coal-tar based sealcoated parking lots have concentrations of PAHs that are about 65 times higher than concentrations in particles washed off parking lots that have not been sealcoated. Biological studies, conducted by the City of Austin in the field and in the laboratory, indicate that PAH levels in sediment contaminated with abraded sealcoat are toxic to aquatic life and are degrading aquatic communities.

This research has led the City of Austin to ban the use of coal-tar sealants for roads, parking lots, driveways, and other paved areas.

Caltha LLP assists private and public sector clients in evaluating potential stormwater pollution sources and developing cost effective stormwater pollution prevention programs to minimize their environmental impacts.

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

SWPPP Training – Stormwater Training

Caltha LLP offers a wide variety of SWPPP Training courses developed to meet the requirements of individual States. Separate stormwater training programs are provided to Industrial, Municipal (MS4) and Construction stormwater dischargers.

Training is offered in a number of flexible formats, ranging from traditional classroom training presented periodically in different locations, to facility-level training conducted at individual sites to meet employee and/or contractor training needs. Caltha offers web-based and remote training options. Caltha also creates facility-specific training materials and conducts “train-the-trainer” sessions for facility training staff.

Caltha also offers stormwater training options especially designed for small groups or small organizations.

Caltha provides State-specific SWPPP training for the following States:
[Click on a State to request information on upcoming stormwater training programs and training options]

[See a map showing States where Caltha LLP worked in 2008]

Alabama
Arkansas
California
Connecticut
Florida
Georgia
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Massachusetts
Michigan
Minnesota
Mississippi
Nebraska
Nevada
New Jersey
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wisconsin

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