ECAR Fact Sheet for Texas
Stormwater

Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources

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The following fact sheet was prepared by the ECAR Center staff. Once prepared, each ECAR Center fact sheet undergoes a review process with the applicable state environmental agency(ies). You can check on the status of the review process here. Please read the disclaimer on the status page. While we have tried to present a summary of the essential information on this topic, you should be aware that other items, such as local regulations, may apply to you.

What You Need to Know

The Clean Water Act requires virtually every automotive salvage or recycling operator to obtain a stormwater permit. The exceptions to this rule are few, and they are explained further in the detailed information provided below. Therefore, if you own or operate a salvage or recycling operation and you do not currently have a stormwater permit, you most likely are out of compliance. The purpose of this fact sheet is to help you either to get into compliance or to assist you to develop a more efficient and effective compliance strategy.

Rain or snow falling on your property can pick up contaminants as it runs off, and can carry the contaminants through drainage systems directly into streams, rivers, and lakes. The term "stormwater" refers to this type of runoff.

In 1987, Congress mandated that "industrial" sites obtain stormwater permits. In 1990, EPA defined "industrial" to include, among many other types of sites, "salvage yards and automotive [recyclers]." [Title 40 CFR 122.26(b)(14)(vi)]. These mandates apply across the country, regardless of your state. Congress and EPA took this action because stormwater that comes in contact with metals, oil and grease, used batteries and tires, and other materials common at automotive recycling facilities may cause localized pollution that can affect the local community’s ability to swim and fish in lakes, rivers, and streams.

For example, the mercury that still may be found in old automotive switches or even some new parts is toxic to humans and to the fish they may catch and eat. By obtaining a stormwater permit, and more importantly, by taking some common sense actions under the permit to prevent stormwater contamination, you can provide your community with environmental benefits to compliment the value of recycling end-of-life vehicles.

Although Congress and EPA created the national rules that provide the basic framework for stormwater regulations, the rules are implemented by the individual state environmental agencies. EPA may help certain states develop programs and it provides guidance to all states, but for the most part, you obtain a stormwater permit from your state environmental agency. Information about your state permit, compliance requirements, contact information, and other helpful hints are provided in the following pages of this site. The most important part of the compliance program is developing a stormwater pollution prevention plan, and this site will help you to develop such a plan. The key for you is to make sure that you implement the plan and adhere to your legal obligations.

Regulations

How to Get Permit Coverage. Start by downloading and carefully reading the Notice of Intent (NOI) form and General Permit (TXR050000) found below under "Links to the Regulations and Forms".

To apply for coverage under the general permit, you must:

1. Prepare and implement a Stormwater Pollution Prevention Plan (SWP3) for your facility according to the guidelines given in Part III.A of the general permit.
2. Complete and submit a notice of intent (NOI) form and send it, along with your $100 application fee to:

Provisional authorization to discharge begins 48 hours after a completed NOI is postmarked for delivery to the Texas Natural Resource Conservation Commission (TNRCC), or 24 hours following confirmation of the receipt of an electronically submitted NOI. The executive director of the TNRCC will review your NOI and will either confirm coverage by providing you with an authorization number, or determine that your NOI is incomplete and deny coverage until a complete NOI is submitted.

If your facility discharges stormwater through a municipal separate storm sewer system, you are additionally required to submit a signed copy of your NOI to the operator of that system.

Facilities that are authorized to discharge under the general permit must pay an annual waste treatment inspection fee of $100 to the TNRCC.

The general permit is issued for a term that is no longer than five years. If the TNRCC chooses to amend or renew the general permit, your facility may have to submit a new NOI in order to obtain authorization under the amended permit. In order to renew your general permit after the five-year term is up, you must submit a new NOI within 90 days following the effective date of the new permit.

How to Comply with the Permit Requirements. To maintain coverage under the general permit, you must comply with all the terms of the permit. Below is a summary of key requirements.

1. A storm water pollution prevention plan (SWP3) must be developed for each facility covered under the general permit. This plan must be implemented before submitting your NOI. The requirements of the plan are described in Part 3 of the general permit. The SWP3 must be signed in accordance with Part III.E.3(g) of the general permit and must be retained on-site and made available to the authorities upon request.
2. Update the SWP3 as necessary whenever there is a change in your operations that has a significant affect on stormwater.
3. Quarterly Visual Monitoring of storm water discharges from each outfall authorized by the general permit are required to be included in the SWP3. The details of the quarterly monitoring are described in Part III.5.h of the general permit. Records of the examinations must be reviewed by a designated storm water Pollution Prevention Team, and the SWP3 must be modified as necessary to address the team’s conclusions.
4. At least once a year, a comprehensive inspection must be performed to evaluate compliance. Any revisions to the SWP3 that result from the annual site inspection must be made within 30 days following the completion of the evaluation. A report summarizing the inspection must be prepared according to Part III.7.c of the general permit, retained as part of the SWP3, and be made available to the authorities for inspection upon request.
5. Automotive recycling operations are required to conduct benchmark monitoring in order to assess the effectiveness of your SWP3. The monitoring must be preformed on a quarterly basis for two consecutive periods during the term of the general permit. The specifics of this monitoring are described in Part IV.C and Part V of the permit.
6. The results of the benchmark monitoring must be reported on a Discharge Monitoring Report (DMR) form and submitted to the TNRCC according to the deadlines given in Part IV.C.2 of the general permit. These results must also be retained for at least three years from the date of sample collection.

Your SWP3 must include a description of potential sources of stormwater pollution and measures and controls, including best management practices (BMPs) that will be implemented at your facility to prevent or minimize stormwater contamination. When developing the SWP3 you must consider the use of certain BMPs that EPA and TNRCC consider applicable to specific areas such as vehicle dismantling/storage areas and fluids storage areas. For more specific information on developing a Pollution Prevention Plan, visit the ECAR SWPPP fact sheet.

Links to the Regulations. Use the following links to view the regulations pertaining to stormwater management.

General Permit TXR050000

Federal EPA National Pollutant Elimination Discharge System (NPDES) Stormwater Regulations

Notice of Intent (NOI)

Self-Audit Checklist

When an inspector comes to your facility, there are certain things he or she checks to see if you are in compliance with environmental regulations. It makes good sense for you to perform a "self-audit" and catch and correct problems before they result in penalties. Also, there are some compliance incentives associated with self-audits (see Audit Policy Page).

Use the following list to audit your stormwater permit.

1. Is your facility covered under a general permit or does your facility have an individual stormwater permit? Verify that your facility is either covered under the general permit (TXR050000) or has an individual stormwater permit issued by TNRCC.
2. Has your facility developed and implemented a stormwater pollution prevention plan? Verify that a SWP3 has been prepared and implemented and is available onsite for inspection. Review the plan and verify that BMPs have been implemented. Update the plan when operational changes occur that impact stormwater.
3. Has your facility conducted stormwater sampling and visual inspections? Review your records to verify that annual sampling and inspections have been performed. Proof of these activities must be incorporated into your SWP3.
4. Has your facility maintained monitoring results and records? Verify that all monitoring and inspection records are maintained for at least three years from the date of sample collection.

Best Management Practices (BMPs)

The following is a list of BMPs for auto salvage facilities identified by EPA when the stormwater regulations were published:

Dismantling and vehicle maintenance:

• Drain all fluids from vehicles upon arrival at the site. Segregate the fluids and properly store or dispose of them.
• Maintain an organized inventory of materials used in the maintenance shop.
• Keep waste streams separate (i.e. waste oil and solvents). Non-hazardous substances that are contaminated with hazardous substances are considered a hazardous waste.
• Recycle antifreeze, gasoline, used oil, mineral spirits and solvents.
• Dispose of greasy rags, oil filters, air filters, batteries, spent coolants and degreasers properly.
• Label and track the recycling of waste material.
• Drain oil filters before disposal or recycling.
• Store cracked batteries in a nonleaking secondary container.
• Promptly transfer used fluids to the proper container.
• Do not pour liquid waste down floor drains, sinks or outdoor storm drains.
• Plug floor drains that are connected to the storm or sanitary sewer. If necessary, install a sump that is pumped regularly.
• Inspect the maintenance area regularly for proper implementation of control measures.
• Filter stormwater discharges with devices such as oil-water separators.
• Train employees on proper waste control and disposal procedures.

Outdoor vehicle, equipment and parts storage:

• Use drip pans under all vehicles and equipment waiting for maintenance and during maintenance.
• Store batteries on impervious surfaces. Curb, dike or berm this area.
• Confine storage of parts, equipment and vehicles to designated areas.
• Cover all storage areas with permanent cover (roof) or temporary cover (canvas tarps).
• Inspect the storage yard for drip pans and other problems regularly.

Vehicle, equipment and parts washing areas:

• Avoid washing parts or equipment outside.
• Use phosphate-free biodegradable detergents.
• Consider using detergent-based or water-based cleaning systems in place of organic solvent degreasers.
• Designate an area for cleaning activities.
• Contain steam cleaning washwaters or discharge under an applicable NPDES permit.
• Ensure that washwaters drain well.
• Inspect cleaning area regularly.
• Install curbing, berms or dikes around cleaning areas.

Liquid storage in above ground containers:

• Maintain good integrity of all storage containers.
• Install safeguards (such as berms) against accidental releases in the storage area.
• Inspect storage tanks to detect potential leaks. Perform preventative maintenance.
• Inspect piping systems for failures or leaks.
• Train employees on proper filling and transfer procedures.

Improper connection with storm sewers:

• Plug all floor drains if it is unknown whether the connection is to storm sewer or sanitary sewer. Alternatively, install a sump that is pumped regularly.
• Update facility schematics to accurately reflect all plumbing connections.
• Install a safeguard against vehicle washwaters and parts cleaning water entering the storm sewer unless permitted.
• Maintain and inspect the integrity of all underground storage tanks; replace when necessary.

Contacts

1. For general questions, contact TCEQ at 1-800-687-4040.
2. To apply for an individual permit, contact the TCEQ’s Stormwater Permits Team at 512-239-4433.
3. To report a spill, contact the emergency number at 1-800-832-8224.

Related ECAR Fact Sheets

1. Wastewater.

Other Relevant Resources

1. Industrial Storm Water Permits
   
   • General Permit No. TXR050000
   • Hazardous Metals Annual Monitoring Exclusion (in PDF)
   • No Exposure Certification (NEC) (in PDF)
   • Notice of Intent (NOI) (in PDF)
   • Notice of Termination (NOT) (in PDF)
   • Steps for Determining Permit Applicability
2. EnvCAP's Industrial Stormwater Resource Locator

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