The Texas Commission on Environmental Quality has renewed 2018 Construction General Permit (CGP) TXR150000 (2018 CGP) which became effective March 5, 2018. Project sites that would like continue their current authorization under the prior permit must reapply during the 90 day grace period which ends June 3, 2018.
Some of the important changes in the revised permit included:
- Added the 2014 and 2015 amendments to the federal effluent limitation guidelines (ELGs) (40 CFR Part 450 – Construction and Development Point Source Category)
- Added definition of “infeasible.” (Not technologically possible or economically achievable in light of best industry practices.)
- Added requirement to minimize pollutants in discharges.
- Added requirement to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points.
- Replaced the term “surface waters” with “Waters of the U.S.” (Water in the state was placed in the permit, rather than Waters of the U.S.)
- Added requirement to maximize stormwater infiltration to reduce pollutant discharges, unless infeasible.
- Added requirement which states that minimizing soil compaction not required where the intended function of a specific area dictates that it is compacted.
- Added requirement which states that a permittee must preserve topsoil, unless infeasible. The requirement also states that preserving topsoil is not required where the intended function of a specific area of a site dictates that the topsoil will be disturbed or removed.
- Added requirement which states that stabilization (in arid, semi-arid, and drought-stricken areas) must be completed within a period of time as specified by the permitting authority. The requirement also states that in limited circumstances, stabilization may not be required if the intended function of a specific area of the site necessitates that it remain disturbed.
- Revised the benchmark monitoring level for Total Suspended Solids (TSS) in the permit from 100 milligrams per Liter (mg/L) to 50 mg/L in discharges of stormwater from concrete batch-mixing plants covered under the permit. This change is consistent with the benchmark monitoring level for TSS that is required for concrete manufacturers and ready-mix concrete plants in the 2016 Multi-Sector General Permit (MSGP) TXR050000.
- Revised the definition of Construction Activity in Part I, Section B of the permit to more clearly capture “other construction-related activities” (i.e., soil disturbance that can occur from stockpiling of fill material and demolition), construction support activity, and any soil disturbance activities which have occurred in conjunction with construction-related activity and construction support activity.
- Clarified requirements for operators of small construction activities with low potential for erosion.
- Revised the language for inspections of construction sites that are consistent with the 2017 EPA CGP and requirements for inspection reports and completion of reports within 24-hours following the inspection.