Steele Environmental Services, LLC
Helping Businesses & Governments Comply with Environmental Regulation
by Specializing in Environmental Strategy.
ENVIRO QUESTIONS & ANSWERS
YOUR ACTUAL QUESTIONS ANSWERED in a politically-incorrect manner on this page. Call or EMAIL your questions to Alison@EnviroSteele.com.
CHECK BACK, AS THIS PAGE IS UPDATED UH, ONCE IN A WHILE... Last: 07/13/2010
DISCLAIMER: This page is intended as a general training reference, not a substitute for consulting and/or legal advice, and not a substitute for a full corporate training program. The questions as answered here may not be directly applicable to a specific situation of yours, or may not address all of your factors. Contact a consultant or an attorney of your choice to properly address your facility-specific situations.
TOPICS:
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WATER: |
AIR: WASTE: |
GENERAL Return to Topics list
032606: All this environmental stuff is very intimidating -- there's no way anybody can keep track of it, especially a small business. What are we supposed to do?
Think of it as being like taxes. I bet you don't have the tax code memorized either, do you? Neither do I -- I'm not even sure what "franchise tax" MEANS, and I own a business that pays it. Follow the same general steps that you take for your taxes:
Figure out what business records you need to keep, and what it's going to cost.
Budget for it.
Execute the tasks and keep the records.
If necessary, hire a specialist to help you roll it all up.
Get back to doing what you do best - your own business.
Small business owners generally do not freak out about income and payroll taxes because the resources have always been available to deal with stuff like that (e.g., tax accountants). Environmental law is "younger" than tax law, so similar resources have not historically been available (but I intend to change all that). :-)
032606: I heard that the TCEQ is starting a new inspection and enforcement program this month. What's that all about?
The TCEQ has developed a field inspection program whereby they issue citations and financial penalties for common violations on the spot. The EPA has had a very similar program for oil spill compliance for years now.
(questions pending)
WATER Return to Topics list
032606: We just applied for a storm water permit, and we got a coverage notice, but it says that August of 2006 is the expiry date. is that right?
Yes, all coverage granted under the Texas multisector storm water general permit expires at the same time regardless of when coverage was obtained. You will need to file a new Notice of Intent to obtain coverage under the new permit. You should get a letter from the TCEQ notifying you of the new permit when it is available. You may also sign up for our e-mail alerts to keep up with this and other developments in the storm water program.
032606: We were just inspected by Harris County but our storm water permit was issued by the TCEQ. What's up with that?
The TCEQ delegates program authority to local governments. Word on the street is that the TCEQ Region 12 (which serves Harris and surrounding counties) is now focusing more on process waste water regulation, and is leaving a lot of storm water enforcement to Harris County Pollution Control Department (HCPCD). That agency was conducting upwards of 300 local storm water inspections per year anyway, so this eliminates some duplication in enforcement.
Any industrial facility in any major metropolitan area in Texas might undergo a storm water inspection by a local agency (including city as well as county governments) rather than by the TCEQ; Harris County is by no means the only local agency that gets involved. This happens because municipal governments have their own storm water permits issued by the state, and inspection of industrial facilities within their jurisdictions is one of their permit conditions.
042007: How do I complete the reports that are required by the Texas industrial multisector general stormwater permit?
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Discharge Monitoring Report (DMR):
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Benchmark Monitoring Report (BMR):
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Here is a simplified suggested approach.
1. Go to your SWPPP and remind yourself of which Sector(s) your facility includes.
2. Examine your lab report to confirm that the correct analyses were done for your Sector(s) and that data quality objectives were met. Determine whether NEL sampling or Benchmark or both were done on that round of sampling.
3. Download the following forms that apply to your Sector(s).
Hazardous Metals DMR for either tidal OR inland, depending on where you are (this applies to ALL FACILITIES, unless you use a waiver, which we recommended only in certain circumstances).
Your Sector-specific DMR form if applicable, which are available here.
4. Transcribe the sample results onto the forms in the spaces provided. We have designed some guides to supplement the instructions that TCEQ has provided and they are available here:
5. If you are unsure of the process, you have the option of calling the TCEQ's Small Business Assistance group or the consultant of your choice.
SWPPP notice posted at a site regulated by the
state construction storm water permit.
032406: A TCEQ guy inspected our site last week, and he didn't say anything about the wash rack that we have hooked into our storm sewer. Does that mean it's OK?
It's not OK unless you have a individual process waste water discharge permit for it. The TCEQ guy may not have been able to tell you about this because many TCEQ inspectors are not trained in what we call "multi-media compliance". They work in specific program areas (air, water, waste, and a few others) and cannot advise regarding issues outside of their areas. This is a source of frustration for facility owners, who often ASSUME that if a TCEQ inspector does not cite them for something, then it must be legal. The TCEQ is aware of this pitfall, but multi-media training of inspectors is a very difficult thing to achieve.
032406: What do you mean by "individual process waste water discharge permit"?
This is a permit issued on a per-facility basis by the TCEQ for discharges not covered by storm water or general waste water permits. TCEQ gives a concise summary here.
032406: But we never had to have one of those before; why would we need it now?
You've legally needed one for as long as you discharged process waste water to a storm sewer - it's just that you've never been subject to an enforcement action regarding it before. This is not uncommon. Historically, waste water regulation has focused on large industrial and municipal operators, and smaller operators have fallen through the cracks. This is continuing to change as waste water enforcement trickles down upon smaller operators (pun intended).
032406: So how do we apply for a process waste water discharge permit?
It's a big hairy expensive time-consuming process that we believe should be pursued only as a last resort. There may be a way to re-engineer your process so that you don't need one, such as via the following:
Re-pipe your wastewater to the sanitary sewer instead of the storm sewer. This may require a permit from your local Publicly Owned Treatment Works (POTW), but that should be an easier process than a discharge permit through TCEQ.
Install a recirculation system. Process water is usually only regulated upon discharge; if it's still in use, it's still a process water, not a process wastewater.
Take your water-using process off-site to another location that does have a permit or a sanitary connection (e.g., wash vehicles at a local commercial facility).
Reclaim the water for beneficial use (there are rules on how and why).
Find a way to change your operations such that you don't need to use water at all.
032406: But if we put in our own treatment system, we don't need a permit at all, right?
Wrong. That is a common misunderstanding among smaller industrial operators. A treatment system will ultimately make compliance with your discharge permit easier, but you still need the permit if you discharge any of the water.
Close-up of oil spill "mousse" inside secondary
containment (August 2006).
(questions pending)
032406: someone from the County stopped by today and told me I needed to apply for a "Permit by Rule". What the heck does that mean?
In order to expedite the air permitting process for the smallest operators, the TCEQ developed what is called the Permit by Rule or PBR program. Basically, if you fit an activity description, you avoid more complicated air permitting by simply registering for a PBR. In most cases, you will need to file one or two forms with supporting information, although certain PBRs also require extensive record-keeping (e.g., those for operators who blast and paint).
Petrochemical flare reflected in raindrops on a
window (June 2006).
WASTE Return to Topics list
(questions pending)
(questions pending)
I bet y'all thought Texas wimmen only wore purdy cowboy bewts.
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