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What to Know for the 2021 TCEQ Stormwater MSGP Renewal

The Texas Commission on Environmental Quality (TCEQ) is in the process of renewing the 2016 Texas Pollution Discharge Elimination System (TPDES) Multi Sector Generator Permit (MSGP) – TXR050000, which expires on August 14, 2021. The MSGP authorizes point source discharges of stormwater associated with industrial activities and certain non-stormwater discharges to surface waters in the state.

MSGP coverage is based upon Standard Industrial Classification (SIC) Codes, Industrial Activity Codes, and discharges subject to federal effluent guidelines under 40 CFR Parts 400-471. Existing MSGP requirements include the development and implementation of a Stormwater Pollution Prevention Plan (SWP3), application submittal (Notice of Intent, NOI), sampling for pollutants with numeric effluent limits (if required), quarterly visual monitoring and inspections of controls, benchmark sampling (if required), and an MSGP Annual Report.

The proposed 2021 MSGP and fact sheet are available for public review and comments until January 14, 2021 at 5pm CDT. A virtual public meeting will be held on January 11, 2021.

Principal changes to the existing MSGP include:

  • SIC Code Tables for applicability, including the addition of North American Industry Classification System (NAICS) codes for consistency with the EPA’s MSGP, and updated SIC code descriptions to be consistent with Occupational Health and Safety Administration’s (OSHA’s) descriptions.
  • Provisional coverage after the postmark date for paper applications will be changed from 7 days to 48 hours.
  • Delegation of Signatories Letters will be submitted through STEERS.
  • Revision of Sector-Specific Numeric Effluent Limitations tables in Part V to clarify which specific SIC activities require monitoring (requiring reporting through NetDMR unless the applicant qualifies for and obtains an eReporting waiver).
  • Adjusted benchmark values based on data collected during the 2017-2019 permit years:
    • Sector T. Lowered the benchmark value for biochemical oxygen demand (BOD) from 20 mg/L to 15 mg/L.
    • Sector U (SIC codes 2074-2079): Lowered total suspended solids from 100 mg/L to 50 mg/L
  • Changes to Monitoring and Reporting Requirements, including clarification of how to report sampling and monitoring results under eReporting/NetDMR (benchmark, sector-specific numeric effluent limitations, hazardous metals, and pollutants of concern).
  • Additional items will be added to the Notice of Intent, including sector-specific activities with Numeric Effluent Limitation Guidelines, discharging a pollutant of concern, and active/inactive facility status.
  • A Notice of Change will be required for new items including the changing status of a facility, changing outfall locations, requesting permission to stop benchmark monitoring after two years, and requesting waiver from hazardous metals monitoring.
  • Documentation of the criteria for claiming a waiver from monitoring hazardous metals must be included in the SWP3.

Click for more on these changes and to read the draft of the MSGP. 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, as well as application deadlines (p.98). To participate in the upcoming meeting, click here.

If you require assistance understanding the new requirements, help posting a comment or suggestion, determining permit applicability, or need assistance in renewing your MSGP or updating your existing SWP3, please contact us. Braun Intertec has experienced stormwater professionals that can help you reach and stay in compliance.

Jennifer Adams Director, Environmental Compliance & Permitting

P: 512-593-8231