Proposed TCEQ Industrial Stormwater Discharge Permit

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP). The draft MSGP specifies which facilities must obtain permit coverage, which are eligible for exclusion from permit requirements (NEC), which may be automatically authorized, and which may be required to obtain individual permit coverage.

Some of the key changes to the existing MSGP include:

1. Added a section to the general permit stating that certain types facilities are covered under the general permit without submitting an NOI, nor having to implement a SWP3 according to the requirements of the general permit, provided that certain specific permit conditions are met
2. A new option for transportation facilities (land transportation and warehousing, water transportation, and air transportation) to include storm water discharges from material handling and storage areas in their MSGP authorization.
3. Authorization for contaminated storm water discharges from active landfill cells described by industrial activity codes HZ (hazardous waste treatment, storage, and disposal) and LF (landfills and land application sites) that are subject to 40 CFR Part 445, Subparts A and B.
4. Changes to requirements for paper application forms, and increased the application fee by $100.00 for operators submitting a paper NOI or NEC form.
5. Changes to benchmark sampling, including:
   1. Revised benchmark levels based on data that was submitted during calendar years 2007 and 2008.
   2. Added benchmark sampling requirements in Sector AD (Miscellaneous Industrial Activities) for pollutants commonly regulated in individual storm water permits: pH, COD, TSS, and oil and grease.
   3. Added a waiver option for benchmark sampling during Years 3 and 4, if sampling during Years 1 and 2 demonstrates that the annual average result for all benchmark parameters is below the benchmark level for the regulated sector.
   4. Revised reporting requirements so that Years 1 and 2 data would be submitted to TCEQ and Years 3 and 4, if collected, would be retained on site, except that any annual average result exceeding a benchmark level must be submitted to the TCEQ.
6. Revision of permit language regarding “representative storm event” changed to “qualifying storm event,” to clarify that a precipitation event is considered representative (or qualifying) based on the fact that it produces a discharge, rather than based on the measured amount of precipitation (i.e., previously, a representative storm event would include at least 0.1 inch of measured precipitation).
7. Additional revisions within several specific industries in Part V of the draft MSGP, including:
   1. Removed effluent limits for runoff from coal piles that are not associated with a steam electric power generating facility.
   2. Added or revised industry-specific requirements for most industrial sectors to be consistent with EPA’s 2008 MSGP.
8. Revised the section “Impaired Water Bodies and Total Maximum Daily Load Requirements” to address new and existing discharges to impaired water bodies.
   

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Conditional No-exposure Exclusion Requirements Proposed By TCEQ

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP) One of the key changes under the proposed MGSP will be the requirements to meet the No Exposure Exemption.

Facilities regulated under the MSGP may be excluded from permit requirements if there is no exposure of industrial materials or activities to precipitation or runoff. To qualify for this conditional exclusion from permit requirements, the operator of the facility must certify that industrial activities and materials are isolated from precipitation and runoff by storm resistant shelter (there are certain exceptions to the requirement for a storm resistant shelters). The certification must be submitted to the TCEQ on a No Exposure Certification (NEC) form, or other approved form.

Storm-resistant shelters include buildings or structures that have complete roofs and walls, as well as structures with only a top cover but no side coverings, as long as the materials or activities under the structure are not otherwise subject to any run-on and subsequent runoff of storm water, or mobilization by wind.

Facilities operating under a conditional no-exposure exclusion are subject to inspection by TCEQ to determine compliance with the exclusion. In addition, operators of facilities that qualify for this exclusion and that discharge storm water to a municipal separate storm sewer system (MS4) must provide a copy of their NEC form to the MS4 operator, even if not required by the MS4.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

For further information contact Caltha LLP at info@calthacompany.comor Caltha LLP Website

Application Deadline For TCEQ Multi Sector General Permit

The TCEQ is proposing to issue the new TPDES Multi Sector General Permit (MSGP) in July 2011 with the effective date of August 14, 2011. The TCEQ plans to send renewal notification letters to inform current permittees that facilities who want to renew permit coverage have until November 21, 2011 to submit the required application form (NOI or NEC). Current permittees who do not want to renew coverage must submit an NOT before September 1, 2011, to avoid the $200 annual water quality fee.

Renewal application forms will not be available nor accepted before the permit effective date of 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.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

For further information contact Caltha LLP at

info@calthacompany.com

or Caltha LLP Website

TCEQ Receives National Wetland Conditions Assessment Grant

The US Environmental Protection Agency (EPA) has awarded the Texas Commission on Environmental Quality (TCEQ) $352,000 to support work in Texas as part of a comprehensive survey of the nation’s wetlands. The National Wetland Conditions Assessment is a statistical survey of wetlands in the United States. The survey is designed to assess the condition of the nation’s wetlands, to help build state and tribal capacity for monitoring and assessment and to establish a baseline of wetland conditions to evaluate progress in the future.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

GHG Permit Requirements For Biomass Fuel Units

The Environmental Protection Agency (EPA) has announced a plan to defer for three years green house gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources. EPA intends to use this time to seek further independent scientific analysis and then to develop a rulemaking on how these emissions should be treated in determining whether a Clean Air Act permit is required.

By July 2011, EPA plans to complete a rulemaking that will defer permitting requirements for CO2 emissions from biomass-fired and other biogenic sources for three years. During the three-year period, the agency will seek input on scientific issues. EPA will also further consider the comments it received from its July 2010 Call for Information, including comments noting that burning certain types of biomass may emit the same amount of CO2 emissions that would be emitted if they were not burned as fuel, while others may result in a net increase in CO2 emissions. Before the end of the three-year period, the agency intends to issue a second rulemaking that determines how these emissions should be treated or counted under GHG permitting requirements.

The agency also plans to issue guidance that will provide a basis that state or local permitting authorities may use to conclude that the use of biomass as fuel is the best available control technology for GHG emissions until the agency can complete an action on the three-year deferral in July.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

For further information contact Caltha LLP at info@calthacompany.comor Caltha LLP Website

TCEQ Ordered To Reissue Expired NPDES Discharge Permits

Environmental Protection Agency (EPA) has requested the Texas Commission on Environmental Quality (TCEQ) take the necessary steps to reissue Clean Water Act discharge permits to sewage treatment plants and industrial facilities in Texas.

TCEQ has a significant number of draft Clean Water Act discharge permits which have not been issued pending resolution of various concerns raised by EPA. Of the 80 discharge permits of concern, a large number of these draft permits have been delayed due to issues regarding the toxicity of the discharges. In some cases, EPA has expressed concerned that expired permits continue to authorize toxic discharges. EPA has requested that TCEQ issue the overdue discharge permits within six months.

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

For further information contact Caltha LLP at

info@calthacompany.com

or Caltha LLP Website

Texas TCEQ Required To Update GHG Permit Program Under Tailoring Rule

The U.S. Environmental Protection Agency (EPA) is moving forward with its plan to require certain states to update their Clean Air Act implementation plans to cover greenhouse gas (GHG) emissions. These updates are required to ensure that beginning in January 2011 the largest industrial GHG emissions sources can receive permits. This action is part of EPA’s “Tailoring Rule”.

Texas is one of 13 states that EPA has identified need to make changes to their plans, allowing them to issue permits that include GHG emissions. These states include: Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming.

The Clean Air Act requires states to develop EPA-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG tailoring rule, states may need to modify these plans.

In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources are not covered by these GHG permitting requirements.

Related links:
Proposed EPA GHG Tailoring Rule

Additional background on greenhouse gas GHG permitting requirements

Caltha LLP provides expert environmental consultant services in Texas to obtain environmental permits, evaluate regulatory requirements, and to prepare compliance programs, including SWPPP Plans, SPCC Plans prepared to meet TCEQ requirements.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website