Prepare Your Facility for the Renewal of the Texas Multi-Sector General Permit (TXMSGP)

The current TXMSGP for stormwater associated with industrial activity (TXR050000) was authorized on August 14, 2016 and will expire on August 14, 2021.  On July 14, the Texas Commission on Environmental Quality (TCEQ) approved proposed changes and renewal of the permit for a new five-year term. The new permit will go into effect immediately on August 14, 2021. Existing permittees will have 90 days, or until November 12, 2021, to submit a new Notice of Intent (NOI) for coverage under the new revised permit.

There are currently 8,887 TXMSGP permit holders that will need to re-submit their NOI, and approximately 4,050 that will need to re-submit their No Exposure Certification (NEC). Facilities that are currently permitted or have NECs that do not renew by the November 12, 2021 deadline, will lose their permit coverage. There are significant approved changes which will require additional sampling for certain facilities. Each facility will need to review the approved changes and examine if they are applicable to each facility. Changes to existing Stormwater Pollution Prevention Plans (SWPPP) must capture the new requirements and revise their plans prior to submittal of the NOI.

Key changes to the TXMSGP include:

1. Addition of North American Industrial Classification System (NAICS) codes – NAICS codes have been added the permit sector coverage tables to match prior SIC codes to facilitate determining whether a facility is required to obtain a permit.
2. Changes to when a notice of change needs to be revised – A Notice of Change (NOC) is now required to stop submitting benchmark monitoring results in permit years three and four, in addition to other actions.
3. Electronic submittal changes – Electronic submittals of all permit-related forms and documents, including the Delegation of Authority, is now required unless a waiver is obtained.
4. Changes to the numeric effluent limitations and waiver conditions – New effluent limitations have been added for certain sectors that are subject to federal categorical effluent limitations. In addition, the SWPPP must now document the criteria used to claim a metal sampling waiver.
5. Requirements for site signage – Facilities need to post and maintain a public sign, similar to construction sites, for the life of the facility, with specified information.
6. New plastics management provisions – For facilities that manage pre-production plastics, such as pellets, powders, flakes, recyclable materials, the SWPPP must document best management practices (BMPs) and controls implemented to reduce entrainment of plastics in site stormwaters.  Note: this requirement is now being added to all TPDES Industrial Wastewater permit conditions as well.
7. New BMPs for mineral mining and processing facilities – For mining and mineral processing facilities, new BMPs must be implemented and documented in the SWPPP to prevent off-site tracking of sediments and generation of dust.

Numerous other changes were made throughout the permit for clarification and consistency with the EPA 2020 MSGP, the Texas Construction General Permit (TXR150000) and the TCEQ electronic reporting requirements.

For more information about the proposed rule, click this link from TCEQ or contact us on the form to the right.