Multi-Sector General Permit

COMPLIANCE ALERT:  The current Texas Pollutant Discharge Elimination System’s Industrial Multi-Sector General Permit will expire on August 14, 2021.

Industrial facilities in Texas are required to obtain authorization to discharge stormwater runoff into surface waters of the state.  This includes rivers, ponds, streams, tributaries, wetlands, and playa lakes, among others.  Stormwater discharges from these facilities are regulated by the Texas Commission on Environmental Quality (TCEQ) under the Multi-Sector General Permit (MSGP) TXR050000, which is currently in its 5-year renewal process.  On August 14, 2021, the renewal is expected to go into effect, pending final approval by the TCEQ.

How to Continue or Establish Compliance for Your Facility

Industrial facilities currently permitted under the 2016 MSGP have 90 days following the issuance of the new 2021 MSGP to conduct the following:

• Submit a Notice of Termination (NOT) if the facility no longer requires MSGP coverage to avoid being deemed an active facility which will trigger the assessment of the annual fee for Fiscal Year 2022; or
• Update the facility Stormwater Pollution Prevention Plan (SWPPP or SWP3) in accordance with the new 2021 MSGP; and
• Submit a renewal Notice of Intent (NOI) to continue coverage.

Facilities that are currently permitted under a No Exposure Certification (NEC), have 90 days to:

• Submit a new NOI if the facility now triggers the requirement to prepare a SWPPP due to a recent change in industrial activities or operations; or
• Submit a new NEC if current operations have no exposure of industrial materials or activities to precipitation or stormwater runoff.   This includes prior NEC authorized facilities and those with recent changes in activities or materials that now qualify for a NEC.

Facilities currently under the 2016 MSGP with an Active NOI or NEC should also pay attention to the following:

• Existing facilities cannot renew their authorization until the 2016 MSGP expires;
• Renewal applications will not be available in the STEERS/ ePermits system until August 14, 2021; and
• Once TCEQ issues the 2021 MSGP, existing facilities have from August 14, 2021, to November 12, 2021, to submit their renewal application.

New industrial facilities must:

• Implement a SWPPP and submit a NOI (or NEC, if applicable) under the new 2021 MSGP prior to startup of industrial activity.
  • No grace period exists for facilities that were not previously covered by the 2016 MSGP.

New operators at existing facilities must obtain new coverage as MSGP coverages are not transferred between prior operators and new operators.

• The new operator must submit a NOI or NEC at least 10 days before the change in operators occurs; and
• The former operator must submit a NOT at least 10 days before the change in operators occurs.

A Glimpse of What to Expect

The following is an overview of some of the more important changes in the draft of the proposed 2021 MSGP (read the full draft here).   A complete list of changes can be reviewed beginning on page 15 of the associated MSGP Fact Sheet.

1. Updated descriptions of SIC codes and the addition of the North American Industrial Classification System (NAICS);
2. Permit applications are to be submitted electronically via the State of Texas Environmental Electronic Reporting System (STEERS) unless a waiver is obtained.  If you obtain a waiver and submit a paper application, provisional coverage has been changed from 7 days to 48 hours;
3. NOI and NEC forms have been updated;
4. The Delegation of Signatory forms must be submitted electronically via STEERS (instead of the previously required hard copy);
5. Revised benchmark values based on data collected from 2017-2019 for two Sectors:
   1. Sector T. (Treatment Works) lowered biochemical oxygen demand (BOD) from 20 mg/L to 15 mg/L for activity codes (TW);
   2. Sector U (SIC codes 2074-2079 for Food and Kindred Products Facilities) lowered total suspended solids from 100 mg/L to 50 mg/L;
6. Discharge Monitoring Reports (DMRs) should be submitted only when an exceedance occurs, and results are no longer required to be submitted to the Regional Office;
7. The latitude and longitude of all outfalls must be listed on your Drainage Area Site Map;
8. Monitoring changes include the requirement for rain gauges to be kept onsite, SWPPPs must include a narrative for the nature of adverse conditions affecting rain gauge readings, and results of hazardous metals are to be kept onsite unless exceedances occur.

How Can EDGE Help?

If you have questions about minimizing pollution in Texas and how these changes may affect your facility or need assistance in determining its obligations under the 2021 MSGP, Edge Engineering & Science can help.  We have experienced stormwater specialists ready to conduct 2021 MSGP applicability assessments, develop or update facility SWPPPs to meet permit conditions, and submit new or renewal NOI, NEC, or NOTs within the prescribed 90-day timeline.  Contact an EDGE project manager today for more information.