Multi-Sector General Permit (MSGP) | Industrial SWPPP
What is a Multi-sector General Permit (MSGP)?
TCEQ’s (Texas Commission on Environmental Quality) Texas Pollutant Discharge Elimination System (TPDES) program regulates stormwater runoff from manufacturing, processing, material storage, and waste material disposal areas in industrial activities. The MSGP covers industrial facilities in 29 different industrial sectors. As you can see, it’s not solely manufacturing but also the storage and processing of included materials. You may think your business doesn’t necessarily fall into one of these categories, but you are not 100% sure. The good news is that we don’t have to wonder! Answering a few simple questions will help determine eligibility.
Am I required to have a permit?
First, we need to clarify that this program relates to stormwater only and has no bearing on any additional local, state, or federal permits you may or may not need in the course of your business. That being said, in order to qualify for a Multi-Sector General Permit (MSGP) you must discharge stormwater into a ditch, street, channel, bayou, storm sewer, or any other stormwater conveyance, as part of a municipal separate storm sewer system (MS4). Additionally, your business activity needs to fall into one of the regulated sectors which can be determined by your SIC (Standard Industrial Classification) code. More specifically you can look at SIC Codes Subject to TPDES Multi-Sector General Permit to determine if your particular SIC code requires a multi-sector permit. If you meet both of these requirements then you will need to seek coverage under multi-sector general permit TXR050000.
I have a SWQMP (Stormwater Quality Permit). Do I still need an industrial multi-sector permit?
The short answer is yes, but that isn’t necessarily the whole answer. The good news is that if you have a multi-sector permit, most likely you can cancel the local SWQMP permit!
To better understand this we need to differentiate between these permits. The stormwater quality permit (SWQMP) is based on the size of the property and its location. If the subject property is in the jurisdiction of a city, county, or MUDD that requires a stormwater quality permit, and the acreage meets or exceeds the required threshold, then a stormwater quality permit and associated features will be required.
The industrial SWPPP or multi-sector permit is use-dependent and based not on acreage or local requirements but instead on SIC codes and state requirements. So you may have a building that you purchased that has a local stormwater quality permit, but because you are a manufacturer and your SIC code falls within the requirements for industrial SWPPP, you may have both permits. One local permit and a separate state permit.
If this is your situation, you may be able to eliminate the local stormwater quality permit. Cancelling the SWQMP is at the discretion of the local governing authority. You will need to contact the local Stormwater Quality Manager to guide you through the process. Alternatively, you can contact us here; we will gladly assist.
I have determined that I need coverage. How do I proceed?
If you have determined that you do in fact need coverage under Texas General Permit TXR050000, the first thing you’ll need to do is set up a STEERS account in order to process and pay for the permit. You can do so by following these instructions.
Next, you will need to review your facility’s compliance history ranking. If you’ve never had a permit or this is a new facility that has never been permitted, then there probably is no history. For the purposes of this discussion, let’s assume that you do not have an “unsatisfactory” compliance history and are eligible to move forward. The next (and most difficult) piece of the puzzle is to develop a stormwater pollution prevention plan (Industrial SWPPP).
This Industrial SWPPP describes the specific industrial activity(s) taking place, and the potential for exposure of pollutants to the environment. The plan highlights areas of concern for potential exposure, pollutants, and BMPs (best management practices) to be employed to prevent spills from migrating off of the property (typically through rain runoff). Additionally, dependent on classification, the plan will highlight the need for, and frequency of, rainwater runoff testing to ensure that the site is in compliance with TCEQ standards for your specific SIC code. The Industrial SWPPP will also need to highlight inspection scope and frequency, as well as stormwater runoff sampling collection and testing procedures. These sampling frequency requirements are all dependent on your SIC code but are typically bi-annual or quarterly. The Industrial SWPPP will also need to include a description of the site and a stormwater pollution prevention team who will be responsible for the implementation of the plan, and training for employees about spill prevention and response.
We’re simplifying things here for the purposes of this discussion. In reality, every property and process is unique. In order to properly assess the property in question, a site visit will be necessary. Also, a thorough understanding of the manufacturing process and storage/disposal protocols will be required to allow the preparer to refine or augment processes to comply with the tenets of the industrial SWPPP.
Can I do this myself?
Fortunately, you can prepare the Industrial SWPPP narrative yourself, but why would you?
Understanding the ins and outs of stormwater quality is a skill that takes years to master. It is necessary to have evaluated multiple properties with unique processes to eliminate blind spots. These blind spots commonly lead to most of the mistakes found when reviewing industrial SWPPPs created by those with no experience in preparing these documents. Mistakes can lead to costly fines, revisions, and uncomfortable dealings with enforcement officials. We’ve created Industrial SWPPPs for many of the leading manufacturers in Texas and have the experience and knowledge to build yours.
So if you’re stuck and have questions, or want to hand this over to the experts, feel free to give us a call. We’re here to help.