EPA has approved the draft of the stormwater multi-sector general permit (TXR050000) submitted by the Texas Commission on Environmental Quality (TCEQ). The public comment period on the permit ended on January 14th, 2021.

The new permit will go into effect on August 14th, 2021.

Following is a summary of the proposed changes in the draft: 

General Updates

Addition and revision of some definitions to clarify permit requirements. Minor revisions in various sections of the permit for clarifying and streamlining permit provisions.

Addition of NACIS Codes to SIC Codes Tables

Added North American Industrial Classification System (NAICS) codes for consistency with EPA’s MSGP and to assist the regulated community. TCEQ TXR05 Stormwater Permit Renewal

Updated Provisional Coverage Time

Paper Notice of Intents (NOIs) and No Exposure Certifications (NECs) now have provisional coverage after 48 hours from postmarked for delivery to TCEQ. Consistent with other TCEQ General Permits.

Changes to Items Required on NOIs and NOCs
Items, such as changing outfall location, if discharging a pollutant of concern, and the status (inactive or active) of the facility, are required to be submitted on the NOI and the NOC forms to comply with the electronic reporting requirements.
Updated For Submitting Delegation of Signatory Authority Form
Delegation of Signatory forms must be submitted using STEERS (State of Texas Environmental Electronic Reporting System).
Requirement to Post a Sign

Permittees are required to post a sign or other notice of permit coverage at a readily accessible area for viewing by the public and local, state, and federal authorities to be consistent with TCEQ’s CGP and EPA’s draft 2020 MSGP. TCEQ TXR05 Stormwater Permit Renewal

Added SWP3 Requirement to Include BMPs for Pre-Production Plastic
Facilities that handle pre-production plastic must develop and include in the Stormwater Pollution Prevention Plan (SWP3) activities that will be implemented to ensure that areas of the facility that can contribute plastic pollutants to stormwater discharges are maintained in a clean and orderly manner. Will be similar with the individual industrial permits.
Added SWP3 Requirement to Include BMPs for Pre-Production Plastic
Rubber manufacturing and Plastics manufacturing facilities in Sector Y (Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Facilities) must implement BMPs which address plastic materials in stormwater discharges.
Added SWP3 Requirement for Hazardous Metals Monitoring Waiver Documentation
When facilities waive hazardous metals monitoring, the criteria used for claiming a waiver from monitoring hazardous metals must be included in the SWP3.
Changed Benchmark Monitoring Waiver Process
When facilities wish to waive Benchmark monitoring, an NOC must be submitted to prevent NetDMRfrom flagging missing monitoring samples
Added BMP Requirements for Sector J
Sector J (Mineral Mining and Processing Facilities) facilities must implement BMPs to control off-site vehicle tracking of sediments, generation of dust, dewatering of trenches and excavations, and pumping or dewatering of standing water.
Updates and Clarifications to Sector L
Made clarifications to Sector L (Landfills) to be consistent with regulations for solid waste. Added a definition for “Final” and “Intermediate” Cover; replaced “trenches” with “units” and added that the site map also needs to depict inactive solid waste landfill cells or units.
Adjusted Two Benchmark Values
Adjusted two benchmark values based on data collected during the current permit term. Sector T (Treatment Works): Benchmark value for BOD is now 15 mg/L. Sector U (Food and Kindred Products Facilities) (SIC codes 2074-2079): Benchmark value for TSS is now 50 mg/L.
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