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Tax Relief: Special Conditions

Additional guidance for certain special conditions relating to the completion of a Use Determination for Pollution Control Property Application Form, TCEQ-00611.

Best Management Practices

An industrial facility may manage storm water discharges in accordance with the TCEQ’s Multi-Sector General Permit (TPDES General Permit No. TXR050000). The Multi-Sector General Permit (MSGP) requires the permittee to develop and implement a Storm Water Pollution Prevention Plan (SWP3). As part of an SWP3, a permittee must establish best management practices (BMPs) to reduce the discharge and potential discharge of pollutants in stormwater and to minimize exposure of areas of the site with industrial activity to storm water.

The MSGP defines BMPs as follows: schedules of activities, prohibitions of practices, maintenance procedures, and other techniques to control, prevent, or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spills or leaks, sludge or waste disposal, or drainage from raw-material storage areas.

An applicant seeking a positive-use determination for property installed as a BMP pursuant to a SWP3 developed and implemented as part of the MSGP should cite to the applicable federal, state, or local environmental law, rule, or regulation that authorizes coverage under the MSGP. Executive Director staff may request, pursuant to 30 TAC 17.10(d)(6), a copy of the applicant’s SWP3 and a signed certificate verifying that the applicant is currently covered under the terms of the MSGP.

Spill-Prevention Controls and Countermeasures

Non–transportation-related facilities that have a certain amount of aboveground oil-storage capacity, which due to their location, could reasonably be expected to discharge harmful quantities of oil into navigable waters of the United States or adjoining shorelines may be required to prepare and implement a Spill Prevention Control and Countermeasures Plan. The SPCC Plan must address discharge or drainage controls, such as secondary containment around containers and other structures, equipment, and procedures for the control of a discharge.

An applicant seeking a positive-use determination for property installed pursuant to an SPCC Plan should cite to the applicable federal, state, or local environmental law, rule, or regulation that required the preparation and implementation of the SPCC Plan. Executive Director staff may request, pursuant to 30 TAC 17.10(d)(6), a copy of the applicant’s SPCC Plan.

More Questions? Contact Us!

For more information, please contact the Tax Relief for Pollution Control Property Program by:

  • Mail:
    • TCEQ
      Tax Relief for Pollution-Control Property, MC 110
      P.O. Box 13087
      Austin, TX 78711-3087
  • E-mail: txrelief@tceq.texas.gov
  • Phone: 512-239-4900
  • Fax: 512-239-6188

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