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Multi-Sector General Permit TXR050000: What to Do

Brief guidance on when and how to renew coverage under the storm water general permit for industrial activities, TXR050000.

h3>Renewal Update Summary

Hot tagThe renewal of the Multi-Sector General Permit (MSGP) was adopted by the Commission on July 20, 2011, and is effective on August 14, 2011. For specific information on the permit requirements, please refer to the following permit documents:

For general information on obtaining coverage, including links to the application forms, please refer to the Industrial Stormwater web page.

Please be aware of the following important information:

  • Permittees who need to renew permit coverage will have between August 14, 2011 and November 14, 2011 to submit the required application form (NOI or NEC). This is 90 days after the effective date of the reissued permit;

  • Permittees who previously submitted an NOI and do not desire to renew coverage must submit an NOT before September 1, 2011, to avoid the $200 annual water quality fee.

Renewal application forms (i.e., NOIs and NECs) will not be available nor accepted before the permit effective date of August 14, 2011. A revised NOI form for applying for coverage under the re-issued permit, will be made available for use on 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 and the operator will have duplicate permit authorizations.

Hot tagDid you receive a renewal letter?

Here are answers to a few questions you may have:

Why did I receive this letter?

The TCEQ is attempting to contact all facilities currently covered under the MSGP (TXR050000) to notify them that the MSGP renewal was recently approved by the TCEQ Commission, and authorizations under the general permit must be renewed between August 14 and November 14, 2011.

I just renewed my permit, do I have to renew it again?

Yes, the renewal of the MSGP goes into effect on August 14, 2011, so any applications that were submitted before that date are still under the 2006 general permit. If you submitted a new application in error or have general questions about the renewal application, please send an email to SWPermit@tceq.texas.gov.

The letter inside the envelope was for another company. Does this letter apply to me?

Some of the letters may have been placed in envelopes for different facilities, but the letter itself contains the same information. If you received this letter, then you are listed as having at least one authorization (or no exposure exclusion) under the MSGP. You can find out which site(s) are covered under the MSGP by using TCEQ’s Water Quality General Permits search: http://www2.tceq.texas.gov/wq_dpa/index.cfm.

If you still have trouble finding out which site this is for, please contact the Storm Water Processing Center at swpermit@tceq.texas.gov or by phone at (512) 245-0130.

I have more sites than the one listed on this letter. Do they all need to be renewed?

Yes, if you need to have permit coverage, you must submit a renewal notice of intent (NOI), or a renewal “no exposure” certification (NEC) form. There are a few exceptions, which are described below, such as very small businesses that are located within residential homes. If you have questions about whether your facility needs a permit, please contact the Storm Water & Pretreatment Team, either by email at swgp@tceq.texas.gov, or by phone at (512) 239-4671.

I have more questions.

Please review the information below to find a list of changes to the permit. For general information on the permit requirements, please refer to the permit documents at the top of this web page (i.e., the general permit, the fact sheet, and the executive director’s response to comments) and on the Industrial Stormwater web page.

If you have additional questions about which site is authorized, or administrative questions about renewing coverage, please contact the Storm Water Processing Center by email at SWPermit@tceq.texas.gov or by phone at (512) 245-0130. If you have technical questions about the requirements of the general permit, please contact the Storm Water & Pretreatment Team either by email at SWGP@tceq.texas.gov

Key Dates

  • Commissioners Agenda Meeting for Adoption – July 20, 2011

  • Effective Date of new Permit – August 14, 2011

  • Last Day to Terminate Coverage if not Renewing Coverage – September 1, 2011 (to avoid annual water quality fee assessment)

  • First Day to Apply for Coverage – August 15, 2011

  • Last Day to Apply for Renewal Coverage – November 14, 2011

Key Changes to the MSGP

The 2006 MSGP Renewal includes the following changes to the 2011 MSGP:

  • Discharges to Water Quality Impaired Water Bodies – The permit includes more comprehensive requirements regarding discharges to water quality impairment. These changes were made following informal comments received by the U.S. EPA. The section in the permit includes requirements for determining when a discharge is to a water body that is impaired, when the discharge contains a pollutant of concern (at a level of concern), and additional requirements to insure that the discharger will not contribute to the impairment.

  • Automatic Authorization Designation – The permit (through the public notice process) designate the following additional facilities as covered under the general permit without submitting an NOI, nor having to implement a SWP3, as long as there is no exposure of industrial activity (this is in addition to general warehousing and storage facilities that are currently designated under a similar provision):

    • Operators of regulated facilities that occur within a residential home, shopping mall, or office building, and that have no exposure of any regulated activity to storm water.

    • Operators of publishing and designing companies that do not perform printing activities and that do not have exposure of any regulated activity to storm water./p>

  • Materials Handling and Storage – Storm water runoff from material handling and storage areas from transportation facilities (land transportation and warehousing in Sector P, water transportation in Sector Q, and air transportation in Sector S) is included in the MSGP. This will help facilities obtain coverage through the MSGP instead of by an individual permit, as previously handled because the MSGP did not include these areas. This change does not revise the definition of storm water associated with industrial activity, and does not require permitting for new areas.

  • Paper Forms (NOIs and NECs): The permit extends the period of time required to await provisional coverage after submitting a paper NOI or NEC form from two (2) to seven (7) days, in order to ensure that TCEQ receives the NOI. This is the same change that was made in the reissuance of the Construction General Permit (CGP) in March 2008.

  • Benchmark Changes

    • Levels Changed–Several changes to benchmark levels based on data that was submitted during calendar years 2007 and 2008,

    • Added Benchmark Sampling Requirements to Sector AD (Miscellaneous Industrial Activities) for pollutants commonly regulated in individual storm water permits: pH, chemical oxygen demand, total suspended solids, and oil and grease.

    • Added a waiver option for Years 3 and 4 if sampling results during Years 1 and 2 are below the benchmark levels and required data from Years 3 and 4 to be retained on site.

    • Data Review – Benchmark levels for the renewal permit were developed, based on benchmark sampling results on an industry-by-industry basis for different SIC codes, based on the levels reported by each industry. This resulted in all benchmark pollutants, being revised across the board and Total Suspended Solids (TSS) levels being developed as follows: 50 mg/l for all industrial sectors that reported a median concentration consistently below 50 mg/l, and 100 mg/l (i.e., no change) for all other SIC codes.

  • Clarifications in Sector Specific Applicability Language – The permit includes revised conditions and requirements within several specific industries in Part V of the draft MSGP to provide additional clarity and to be consistent with provisions in the 2008 EPA MSGP.

Application Fees

The current fee is $100 for all applications. The proposed permit would retain the $100 fee for electronic NOIs or NECs, and would raise the application fee for paper NOIs and NECs to $200.

No changes are proposed to the annual fees at this time.

Public Involvement

A public notice was placed in the newspapers of six (6) different cities in Texas on March 8, 2011. These cities include Dallas, Houston, San Antonio, El Paso, McAllen, and Amarillo. The public notice was published in the Texas RegisterExit TCEQ on March 11, 2011 and on the Commissioners’ Integrated Database, during the public notice period.

During the public comment period, the draft general permit and fact sheet were made available for public viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ’s Austin office, at 12100 Park 35 Circle, Building F. These documents will also be available at the TCEQ’s sixteen (16) regional offices and on this web page.

The public comment period began on March 2, 2011, and lasted until 5:00 on April 12, 2011. A public meeting was held on April 12, 2011 at 2:00 PM in Building E, Room 201S at the TCEQ Austin campus. The meeting included a question and answer session as well as a formal period for receiving oral comments from the public regarding the draft permit.

TCEQ received written comments during the comment period and prepared a response to all comments received on the draft MSWGP. This response was mailed to commentors and made available after the MSGP is approved by the Commission.

Questions?

Contact us if you have questions. In addition, if you have specific questions related to processing your NOI, NEC, NOC, or NOT forms, please contact us at swpermit@tceq.texas.gov. If you have technical questions regarding the MSGP, please contact us at swgp@tceq.texas.gov.