Texas Pollutant Discharge Elimination System Stormwater Multi-Sector General Permit (MSGP) TXR050000 Dan Siebeneicher Texas Commission on Environmental Quality Stormwater & Pretreatment Team Water Quality Division (512) 239-4671 Update on the TPDES Industrial Storm Water Permitting Program 2013 Storm Water & Pretreatment Team Wastewater Permitting Section Water Quality Division Office of Water TCEQ

Industrial Stormwater MSGP Permit basics Obtaining coverage Permit requirements

MSGP TXR050000 Authorizes point source discharges of stormwater associated with industrial activity Authorizes discharge of certain non-stormwater discharges to surface water in the state The general permit term is 5 years This does not necessarily mean that day your authorization begins “you will have 5 years from that day”, instead it means the general permit issued date. All permits issued during this term will expire August 14, 2021 Discharges to surface waters in the state AND discharges to municipal separate storm sewer systems (MS4s) What type of wastewater does this permit regulate? - Stormwater discharges that have come into contact with manufacturing, processing, or raw materials storage areas

Discharges That Require MSGP Authorization Stormwater discharges associated with industrial activity defined in 40 CFR § 122.26(b)(14): Authorization requirements are based upon Standard industrial classification (SIC) codes Activity Codes Discharges of stormwater regulated under federal categorical guidelines, 40 CFR Parts 400-474 Who Needs an Industrial Storm Water Permit? Facilities with “storm water discharges associated with industrial activity,” defined in 40 CFR § 122.26(b)(14) Facility (i.e., “primary”) standard industrial classification (SIC) codes Additional narrative categories: landfills (LF), treatment works (TW), steam electric power plants (SE), and hazardous waste treatment, storage and disposal facilities (HZ) Discharges of storm water regulated under federal categorical guidelines, 40 CFR §§400-474

Regulated Industrial Activities Divided into 30 Sectors - A to AD Sectors are based upon SIC code Examples SIC Code 4011 - Sector P SIC Code 2675 - Sector B

Activity Codes Landfills (LF) Treatment works (TW) Steam electric power plants (SE) Hazardous waste treatment, storage and disposal facilities (HZ) If you have an activity code you will not have a SIC CODE If you have a SIC code you will not have an ACTIVITY CODE

Federal Categorical Guidelines 40 CFR Parts 400-474 Sector A Sector C Sector D Sector E Sector J Sector O Sector S There are 7 Sectors that have specific Effluent Limits. Results of monitoring must be recorded on a discharge monitoring report (DMR). The DMR must either be an original EPA No. 3320-1 form, a duplicate of the form, or as otherwise provided by the executive director Monitoring must be conducted prior to December 31st for each annual monitoring period DMR must be submitted to the TCEQ’s Information Resources Division, Central File Room (MC-213) and to the appropriate TCEQ Regional office by March 31st following the annual monitoring period.

MSGP Applicability Co-located activities more than one SIC code Co-located facilities each has a distinct authorization number Municipally-operated facilities Military bases and other federal facilities Operators are responsible for the management of the industrial facility with operational control to ensure compliance with the permit Co-located ACTIVITY- Stormwater discharges from co-located industrial activities may be authorized under this general permit provided that the operator complies with all of the sector specific requirements defined in Part V of this general Co-located FACILITY- each operator needs to have their own authorization. They can share the SWPPP, but document that they are sharing Publicly operated facilities (i.e., stand-alone facilities) that conduct activities described under Part II, Section A.1. of this general permit must meet the conditions of the general permit for those regulated activities. the need for a permit will be based on individual activities that occur at the installation. Military installations and other publicly owned facilities that have regulated activity. The need for a permit will be based on individual activities that occur at the installation.

MSGP Limitations on Coverage Individual permits may be required based on considerations such as: Compliance History rating Water Quality standards violations

Oil and Gas Field Services SIC Code 1389 TCEQ regulates oil and gas activities that occur at company headquarters, base of operations, or at an oil field services company Texas Railroad Commission (RRC) regulates oil and gas activities that occur in the field and ALL natural gas activities Industrial Activities Regulated under this General Permit: 1389 Oil and Gas Field Services, Not Elsewhere Classified, at a company headquarters, local offices, or at oil field service company “home base” that conduct only administrative and support activities for oil and gas field services that occur in the field.

MSGP TXR050000 Authorization Number Unique number assigned to the industrial applicant: Example: TXR05N198 Non-transferable The MSGP & all authorizations issued expire midnight August 14, 2021 TXR050000 is the permit Each applicant is assigned an unique authorization code that authorizes the applicant to discharge stormwater associated with an industrial activity under the permit. The authorization expire August 14, 2016 There are about 11,000 facilities covered under the general permit – and 4,000 of those have an NEC.

How to get permit coverage MSGP Authorization NOI Read the permit Determine your SIC/ AC Code & Sector Is there industrial exposure? Prepare SWPPP Apply – NOI and fees TXR050000 is the permit Each applicant is assigned an unique authorization code that authorizes the applicant discharge stormwater associated with an industrial activity under the permit. GeneraL Permit TXR050000 and all authorization (NOIs & NECs) expire August 14, 2016 There are about 11,000 facilities covered under the general permit – and 4,000 of those have an NEC.

MSGP Authorizations Notice of Intent (NOI) TCEQ Form Number 10382 No Exposure Certification (NEC) TCEQ Form Number 10383 Most do not obtain and read the permit Show the NOI – this is the application form you will fill out to apply for coverage under the MSGP. Required on the NOI: Operator information Name, address, phone number Legal status Site information Name, address, county, latitude and longitude SIC or IA codes and Industrial Sector Receiving water and MS4 Certification about SWP3 MS4 is for example a city, a county, TxDOT, MUD

NOI Certification I certify that I have obtained a copy and understand the terms and conditions of the general permit TXR050000 I understand that permits active on September 1st of each year will be assessed an Annual Water Quality Fee I certify that a Stormwater Pollution Prevention Plan has been prepared and implemented as required in the general permit. When you submit the NOI there are 6 things that you check certifying that you have done or that you understand certain things These are three of them

Obtaining MSGP Authorization Through ePermitting https://www3.tceq.texas.gov/steers/ Create an Account Fill out applicable NOI Sign Form (need a Texas Driver's License) Pay $100 Fee Submit NOI or NEC Print authorization certificate, NOI or NEC and letter ePermitting through STEERS (State of Texas Environmental Electronic Reporting System). Can Print Authorization and copy of NOI Steps in STEERS Fill out Form Sign Form Pay Fee Submit NOI If you do not submit after paying you do not have coverage After submitting you will be able to print the NOI, Authorization, and Letter ePermitting in not the same as epay

Obtaining MSGP Authorization Paper Version of the NOI Fill out, sign NOI or NEC and mail to address listed Pay $200 fee by mail to address provided or by ePay https://www3.tceq.texas.gov/epay/ Provisional authorization 7 days after postmark date Acknowledgement letter and authorization mailed Allow 30 days for processing Keep copy NOI and letter. Have Post Office post mark when you mail it. Keep records of the date. ePay is not the same as submitting an electronic NOI

NOI Authorized Facilities Annual Water Quality Fee A facility authorized under the MSGP and required to submit an NOI must also pay an annual water quality fee of $200.00 under the Texas Water Code, §26.0291

MSGP Requirements Develop and implement SWP3 Monitor and record discharges to comply with numeric effluent limits Perform quarterly visual monitoring Perform quarterly inspections of controls Perform Benchmark sampling Annual Report Technical Requirements Develop a storm water pollution prevention plan (SWP3) revise as needed Conduct inspections of site Collect analytical samples Meet water quality requirements Revise SWP3 as needed Perform Benchmark sampling (twice annually)

SWP3 An applicant must develop & implement a SWP3 before submitting an NOI for coverage. SWP3 requirements are located in Part III Section A of the MSGP TPDES General Permit No.TXR050000 Comprehensive site compliance evaluation Site map with outfalls / sampling points Narrative description of activities Requires updates – “living document” Pollution Prevention Team Describe potential pollutants and sources Describe pollution prevention measures Best management practices (BMPs) Stays on site or made readily available Includes: Summary of sampling data Inspection reports Employee training Potential Pollutants/Sources: List and Description of potential pollutants, Site Map Pollution Prevention Measures: Good Housekeeping, Spills, BMPs, Training/Education. Use checklists to document investigations. Once a year do an annual site evaluation. Revise the SWP3 as needed – it should be a live document

Qualifying Storm Events Storm event that results in a discharge from the site Must have rain gauge on-site If unable to collect a sample document reason Sampling of the discharge is performed during a representative storm event, which results in a discharge There must be at least a 72 hour interval from the preceding measurable storm event. In the case of snowmelt monitoring must be performed at a time when a measurable discharge occurs at the site Discharge from the pond(s).If any storm events occurred prior to discharge from the outfall, regardless of the time period between the last storm event and the discharge; the permittee may consider the discharge to be the result of the previous qualifying storm event The rain gauge must be monitored a minimum of once per week, and once per day during storm events. Records of the date and rainfall total must be retained on-site or made readily available for review.

Numeric Limitations for Hazardous Metals Monitoring Requirements Required for all sectors Sample once per year Use Discharge Monitoring Report (DMR) Sampling of the discharge is performed during a representative storm event, which results in a discharge There must be at least a 72 hour interval from the preceding measurable storm event. Exceeding a numeric limit is a violation. Hazardous metals are listed 30 TAC Chapter 319. Results are submitted to TCEQ only if results exceeds limits. Waiver available Meet one of three criteria 1.The permittee certifies that the regulated facility does not use a raw material, produce an intermediate product, or produce a final product that contains one (1)or more of the hazardous metals listed 2. The permittee certifies that any raw materials, intermediate products, or final products that contain one or more hazardous metal are never exposed to stormwater or runoff 3. the permittee collects a sample from the first available discharge from the facility occurring during first sampling period of this permit, analyzes the sample for one or more of the listed hazardous metals, and the results indicate that the metal(s) is/are not present in detectable levels

Numeric Effluent Limitations Reporting Requirements If no exceedances: Keep DMR in SWP3 Do not submit to TCEQ If violation of effluent limitation occurs: Submit DMR to TCEQ using the address on DMR Temporary reporting waiver expires September 1, 2017 Sampling of the discharge is performed during a representative storm event, which results in a discharge There must be at least a 72 hour interval from the preceding measurable storm event. Exceeding a numeric limit is a violation. Hazardous metals are listed 30 TAC Chapter 319. Results are submitted to TCEQ only if results exceeds limits. Waiver available Meet one of three criteria 1.The permittee certifies that the regulated facility does not use a raw material, produce an intermediate product, or produce a final product that contains one (1)or more of the hazardous metals listed 2. The permittee certifies that any raw materials, intermediate products, or final products that contain one or more hazardous metal are never exposed to stormwater or runoff 3. the permittee collects a sample from the first available discharge from the facility occurring during first sampling period of this permit, analyzes the sample for one or more of the listed hazardous metals, and the results indicate that the metal(s) is/are not present in detectable levels

Waiver from Numeric Effluent Limitation Monitoring Permittees qualify for a waiver from monitoring requirements for one or more hazardous metal Waivers may be obtained on a metal by metal basis, or on an outfall by outfall basis Waiver available Meet one of three criteria 1.The permittee certifies that the regulated facility does not use a raw material, produce an intermediate product, or produce a final product that contains one (1)or more of the hazardous metals listed 2. The permittee certifies that any raw materials, intermediate products, or final products that contain one or more hazardous metal are never exposed to stormwater or runoff 3. the permittee collects a sample from the first available discharge from the facility occurring during first sampling period of this permit, analyzes the sample for one or more of the listed hazardous metals, and the results indicate that the metal(s) is/are not present in detectable levels

Sector Specific Effluent Limitations Sectors A, C, D, E, J, O, & S Sample once each year by December 31st DMRs must be submitted to TCEQ DMR must be submitted electronically (starting in 2017) and mailed to TCEQ Sector Specific effluent limits are from 40 CFR Subpart N. Sector specific effluent limits are done on all outfalls. Exceeding limits is a violation. If any exceedance is ≥40%, the DMR must be submitted to TCEQ and regional office

Benchmark Monitoring Requirements Required by 21 Sectors based on SIC codes Submit years 1 & 2 results to TCEQ by March 31st of the following year Years 3 & 4 do not submit unless exceedance of benchmark then submit Years 3 and 4 retain on site unless exceedance of benchmark then submit Applies to certain SIC codes in 21 of the 30 sectors. Benchmark Sampling Once per six months Submit results to TCEQ by March 31 Use benchmark sampling form (not a DMR) Evaluate SWP3 if exceed level – not a violation Based on SIC codes within sectors   Years 3 and 4 sample but do not submit to TCEQ Not required for year 5 Exceeding benchmark is not a violation, it could indicate a failing BMP, which must be addressed. If the facility fails to do the required Benchmark Monitoring Requirements, Failure to submit the results that is a violation Many BMRs are submitted with the facility providing the Authorization number or not anyway for TCEQ to determine who submitted

Benchmark Monitoring Waiver If the annual average results for monitoring years 1 & 2 are all below the benchmark levels The permittee is not required to conduct benchmark monitoring for years 3 & 4 Sampling not required for year 5 Waiver from Benchmark Monitoring. If the annual average results of benchmark sampling for the first two monitoring years are all below the benchmark levels, the permittee is not required to conduct benchmark monitoring during the third and fourth monitoring years

Inspections Type Frequency Recording Inspection/Certification of Non-stormwater Discharges Within 180 days of filing an NOI Update SWP3 as needed Certification in SWP3 Routine Facility Inspection 1/quarter by qualified personnel & SWPP team member Signed documentation with checklist Quarterly Visual Monitoring quarterly Reviewed by SWPP team Records in SWP3 Annual Comprehensive Site Compliance Inspection annually Report that is signed/certified within 30 days

NEC Available for all sites that have no exposure of industrial materials or activities to stormwater Operator certifies that industrial activities and materials are not exposed to stormwater No SWP3, sampling, monitoring, or inspections or annual water quality fee required No Exposure Exclusion is an authorization to discharge stormwater under MSGP TXR050000 Regulatory Guidance RG-467 “Conditional No-Exposure Exclusion for Storm Water Runoff” from February 2009. Storm Resistant Shelter. A building or structure that is completely roofed and walled, or a structure with only a top cover but no side coverings, provided that any material or industrial activity located under or within the structure is not subject to any run-on and subsequent runoff of storm water, or mobilization by wind.

Obtaining a NEC Submit NEC Pay Application fee $200 paper $100 through e-Permits No annual water quality fee Maintain “no exposure” conditions at all times Regulatory Guidance RG-467 “Conditional No-Exposure Exclusion for Storm Water Runoff” from February 2009.

Changes in Information or Cancelling Coverage Submit a Notice of Change (NOC) for changes to information submitted on NOI or NEC Submit a Notice of Termination (NOT) to cancelling coverage NOC for changes in NOI. NOT if a facility closes, new ownership or the facility moves All NOIs active on September 1 of each year will be billed an annual fee for the current FY

Wastewater Treatment Plants > Than 1 MGD or has Pretreatment Program Authorization to discharge stormwater required by MSGP (Sector T) Wastewater Treatment facilities that route all stormwater runoff to the wastewater treatment facility headworks in accordance with an individual TPDES are exempt from the MSGP Stormwater must be addressed in an individual TPDES are exempt from the MSGP

Useful Links TCEQ webpage - http://www.tceq.texas.gov/ TCEQ Stormwater Permits -http://www.tceq.texas.gov/permitting/stormwater STEERS -https://www3.tceq.texas.gov/steers/index.cfm SBLGA Assistance Tools - http://www.tceq.texas.gov/assistance/water/stormwater/sw-industrial.html http://www.tceq.texas.gov/ home Page http://www.tceq.texas.gov/permitting/stormwater/sw_permits.html Storm Water Permits page http://www5.tceq.state.tx.us/wq_dpa/ Water Quality General Permits Search http://www.tceq.texas.gov/assistance/water/sw-industrial.html Assistance Tools for MSGP

TCEQ FORMS FOR MSGP Notice of Intent (NOI), TCEQ Form 10382 No-Exposure Certification (NEC), TCEQ Form 10383 Hazardous Metals Waiver, TCEQ Form 10425 Notice of Termination (NOT), TCEQ Form 10443 Benchmark Monitoring Data Analysis, TCEQ Form 20091 Notice of Change (NOC), TCEQ Form 20390 Forms That Apply to the MSGP DMR

MSGP FORM LOCATION http://www.tceq.texas.gov/search_forms.html Scroll down until you find FORM NUMBER enter the number in the box below & click on submit Forms that apply to the MSGP can be found by going to TCEQ’s web site once you are there; Scroll down on the page until you find the word Forms (left side of page near the bottom) Then click on the word Forms The Form search page will open

Contact Information Stormwater & Pretreatment team (512) 239-4671 swgp@tceq.texas.gov Stormwater Processing Center (512) 239-3700 swpermit@tceq.texas.gov Small Business and Local Government Assistance (SBLGA) 1-800-447-2827 Contact Information Storm Water & Pretreatment team (512) 239-4671 swgp@tceq.texas.gov Storm Water Processing Center (512) 245-0130 swpermit@tceq.texas.gov MSGP Renewal Information www.tceq.texas.gov/nav/permits/sw_permits.html

TPDES Stormwater Program Contacts Stormwater & Pretreatment Team Team Leader: Rebecca L. Villalba Stormwater Permit Coordinators Lindsay Garza, Work Leader Hanne Lehman Nielsen Dan Siebeneicher Gordon Cooper Kent Trede Jessica Alcoser