1. Industrial Wastewater Permits
2017 Environmental Trade Fair
Erika Crespo
Hi, my name is Erika Crespo.
I am an industrial wastewater permit writer with the Water Quality Division of the TCEQ, and I am going to talk about industrial wastewater permits.

2. Overview Who needs a permit? Types of permits The permitting process
Tips and other important information for filling out a permit application
During this presentation, I will discuss:
- Who needs to have a permit authorization
The types of industrial wastewater permits that are issued by the TCEQ
I will provide an overview of the permitting process, and
I will offer up some tips and mention some other important information for filling out a permit application

3. Pursuant to the Texas Water Code §26.121:
Facilities (mobile or stationary) cannot discharge wastewater into or adjacent to any water in the state without the appropriate authorization.
Questions? Need Help?
Call the TCEQ at (512) and speak with an industrial permit writer.
Call the Small Business and Local Government Assistance Hotline at
The Texas Water Code Section states: “
No person
may discharge any waste or pollutant
into or adjacent to water in the state
which in itself or in conjunction with
any other discharge or activity
causes,
continues to cause,
or will cause
pollution of any water in the state
except as authorized
by a permit, rule, or order
issued by the TCEQ. ”
Discharging wastewater INTO waters in the state requires a permit through the Texas Pollution Discharge Elimination System program – which is a TPDES permit
Disposing of wastewater ADJACENT to waters in the state by irrigation, evaporation, or subsurface disposal will require a Texas Land Application Permit – which we refer to as a TLAP permit
To simply sum it all up – you cannot discharge wastewater without authorization.
If you have any questions or need help understanding whether or not this applies to you,
please feel free to call the TCEQ to speak to either an industrial permit writer
or someone with the Small Business and Local Government Assistance Section
– we would love to help, and it is better if we work together to figure this out preemptively as opposed to having to do so under some kind of enforcement action.

4. Types of Authorizations
Individual Permits
Direct discharges (TPDES)
Land application (TLAP)
Industrial Reuse Authorizations
30 TAC Chapter 210E
General Permits
Permits By Rule
30 TAC Chapter 321
There are four main types of industrial wastewater permits:
Individual authorizations are for facilities or sites that require a technical review of their specific operations
Wastewater discharges that go directly into waters in the state are authorized by TPDES permits
Wastewater disposals through land application are authorized by TLAP permits
There are permits that authorize the reuse of industrial wastewater for a variety of purposes – such as irrigation, fire protection, and toilet flush water.
These permits are authorized under Title 30 of the Texas Adminstrative Code (or 30 TAC) – chapter 210
There will be a presentation during the next time slot that will go over these types of permit in greater detail
General permits provide a standard coverage for a specific type of industrial activity that does not require a site-specific technical review.
The link on the slide will provide information on all of the general permits that the TCEQ offers regarding wastewater
The last type of permit that we provide are Permits By Rule, which establish a set of conditions for which certain industrial activities must abide by
The list of all of the wastewater Permits By Rule can be found in 30 TAC Chapter 321

5. Permitting Process Administrative review 1st Public Notice – NORI
Technical review
Permit development
2nd Public Notice – NAPD (public comments)
(EPA review / objections)
(Public meeting / contested case hearing)
Agency decision – issuance or denial of permit
READ SLIDE
First Notice – Notice of Receipt of Application and Intent to Obtain a Water Quality Permit (NORI)
Second Notice – Notice of Application and Preliminary Decision
Steps in parentheses may not apply to all permit applications.

6. Processing Time Frames
New application – 330 days
Major facilities – 330 days
Minor facilities – 300 days
When it comes to the time frames in which the TCEQ issues industrial wastewater permits, we aim to issue new permits within 330 days.
Permit actions for major facilities are set to be completed within 330 days, while minor facilities are allotted 300 days.
These time frames for processing and issuing industrial wastewater permits start on the date that the TCEQ receives the application.

7. Processing Time Frames
Timeframes may be extended if:
EPA issues objections to the draft permit
TCEQ receives request(s) for public meeting or contested case hearing
The time frames in which the TCEQ issues industrial wastewater permits may be extended if:
the EPA reviews the draft permit and issues an objection
the TCEQ receives requests for a public meeting or a contested case hearing
Although receiving incomplete permit applications or having to wait extended periods of time to receive additional information definitely causes delays, these instances do not allow us more time to issue permits.
We are still obligated to meet the permit timeframes.
So it is a great help to us when we receive complete permit applications and our industry partners respond to our requests for additional information promptly.

8. Administrative Review
The Administrative Report includes
Applicant and site information
Notice information
Landowner information
Please respond promptly to any requests for additional information. Delaying your response will only delay the issuance of your permit.
During the Administrative Review, the Administrative Report portion of the permit application is checked for completeness and any errors or discrepancies.
The Administrative Report includes:
information on both the applicant and site
information that is needed for the publication of the public notices
information on all of the adjacent and downstream landowners
If you receive a letter or notice of deficiency during the Administrative Review, please respond and resolve these issues promptly.
Any delay in getting a permit application deemed administratively complete will only cause a delay is the actual issuance of the permit.

9. Administrative Review
Notice of Receipt of Application and Intent to Obtain a Water Quality Permit (NORI) – “first notice”
Publish this notice promptly and return the documentation to the Chief Clerk’s Office (CCO)
The draft permit cannot be filed with the CCO if the NORI process is incomplete – This may delay your permit.
Notice
# 1
The Notice of Receipt of Application and Intent to Obtain a Water Quality Permit (aka NORI) is the first public notice that must be published in a local newspaper.
The NORI is mailed to the permittee only after the application is deemed “administratively complete”.
It is important that the NORI is published right away, and documentation must be submitted to Office of the Chief Clerk (aka CCO).
The draft permit cannot not be filed with the CCO later on in the process if the NORI is not published according to schedule, and a delay in permit issuance will occur if that happens.

10. Technical Review Water Quality Standards Critical Conditions
Uses and criteria
Antidegradation
Endangered species
Critical Conditions
Critical flows or mixing conditions
Mixing zone definition
STANDARDS
At the end of the Administrative Review on individual industrial permit applications, the Technical Review begins.
The first step in the technical review process is the Water Quality Standards Review.
During this review, the designated uses and criteria for the receiving water body are assessed.
We use water in a variety of ways:
Drinking
Swimming
Fishing
Traveling
The term “Designated use” helps to quickly identify how the receiving water body is generally used and how it should ultimately be protected.
The term “Criteria” represents the water quality conditions that need to be met in order to support and protect the receiving waterbody’s designated.
The Standards Review also includes an Antidegradation Review.
One of the main objectives of the Clean Water Act is to “maintain the chemical, physical, and biological integrity of the nation’s waters”.
Antidegradation requirements provide a framework for maintaining and protecting water quality that has already been achieved.
Tier 1 reviews – address existing water quality uses
Tier 2 reviews – address maintaining high quality water
CRITICAL CONDITIONS
The term “critical conditions” generally refers to the critical mixing conditions in the receiving water that is needed for the protection of aquatic life and human health.
During the Critical Conditions review, mixing zones are established and critical conditions are calculated.
The determination of a “critical condition” is first dependent upon whether or not the water body is flowing…
In flowing waters, the lowest average discharge over a period of 7 days with a recurrence interval of 2 years (aka 7Q2) is the critical condition for dilution.
In non-flowing waters, the width of the water body is the critical condition for dilution.
Critical conditions are used to determine biomonitoring requirements and to calculate water quality-based effluent limits.

11. Technical Review Dissolved Oxygen (DO) Modeling Biomonitoring
Impact of discharge(s) on DO
Water body impairments
Completed total maximum daily loads (TMDLs)
Biomonitoring
Whole effluent toxicity (WET) testing or limits
Species, frequency, dilutions
The dissolved oxygen modeling that the Water Quality Division does accounts for the major inputs and losses of dissolved oxygen in natural waters through a series of mathematical equations.
Dissolved oxygen is a good general measure of water quality.
It is essential for the survival of aquatic life, and oxygen-demanding substances are commonly found in wastewaters.
Whole effluent toxicity testing, which is also referred to as biomonitoring, is required for some discharges, and it is used as tool for evaluating the potential harmful effects that may occur in the receiving waters.
TCEQ staff members specify the type of test, the test species, the dilution series, and how frequently biomonitoring must be performed.

12. Technical Review Agronomy Hydrogeology Permit writer’s review Crops
Soil testing
Hydrogeology
Pond-lining requirements
Buffer zones
Groundwater monitoring
Permit writer’s review
AGRONOMY
The concept of recycling is really awesome, and it is great when TCEQ staff members can issue permits where wastewater can be used for something beneficial instead of it just being discharged or disposed of.
But in order to do so, we need to due our diligence to minimize or eliminate potential health risks associated with any wastewater reuse projects.
Permits applications that are requesting the ability to use wastewater for irrigation purposes must go through an agronomy review.
During the agronomy review, the soil at the site must be tested and the types of crops being irrigated will be looked at.
HYDROGEOLOGY
Maintaining and protecting the quality of our groundwater is just as important as it is for our surface waters, and we as a society have become a lot more reliant on our ability to use groundwater to meet our needs.
We don’t want for wastewater treatment processes or disposal activities to degrade our groundwater, so facilities that use impoundments or ponds may have to go through a hydrogeological review.
Pond liner requirements, buffer zones, and groundwater monitoring can be additional requirements.
The permit writer will ultimately receive the permit application with all of the recommendations from all of the previous reviews that were mentioned earlier.
While drafting the permit, the permit writer will also conduct a technical review that is detailed more in the following slide.

13. The Development Process for Industrial Permits
Data completeness review
Compliance history
Self-reported effluent data
Technology-based effluent limits
Water quality-based effluent limits
Final effluent limits
There are seven main steps to writing an industrial wastewater permit.
When the permit application is received by a permit writer, one of the first things that we do is check the application to make sure that it is complete and that we have all of the information that we need.
The permit writer will also review the compliance history associated with the facility, and we will also take a close look at all of the self-reported effluent data over the past five years.
As we draft the permit, we will determine whether or not technology-based effluent limits apply to the facility based on federal rules and best professional judgement.
We will also determine whether or not any water quality-based effluent limits apply based on the characteristics of the receiving water body and water quality screening that we conduct using TEXTOX.
Finally, the tech-based limits, water quality-based limits, and the limits that in the existing permit, if there is one, are compared.
The final effluent limits that will be included in the current permit action are the most stringent out of the three.

14. Industrial Permits - Review
Team leader
Applicant
TCEQ Region staff
Technical staff
General public
(TCEQ legal staff)
(EPA)
The TCEQ does not issue permits as soon as they are done being written. There is a long rough draft phase, if you will, and multiple people participate in the revision process.
The Industrial Permits Team Leader will review the draft permit for technical completeness, and there may be a peer-review with other members of the Industrial Permits Team. The applicant will review the draft permit, if it is not acceptable as written, then the applicant can request for changes to be made. The staff at our regional offices are given the opportunity to review and comment on each draft permit. The staff that participated in the technical review of the permit application can review the draft permit and provide comments.
The general public is able to go to the public location where the draft permit and the permit application are on display and view the documents.
Anyone is able to submit comments or address their concerns, and the TCEQ will respond to formal comments that are submitted on each permit action.
Additional reviews are conducted by the EPA and by the legal staff at the TCEQ, but these review may not occur on every draft permit.

15. Industrial Permits - Review
Notice of Application and Preliminary Decision (NAPD) – “second notice”
Again, publish this notice promptly and return the documentation to the CCO.
If comments are received, the permit writer and TCEQ legal staff prepare a response to comments document.
If a public meeting is held, the comment period is typically extended until the end of meeting.
Notice
# 2
After the applicant accepts the draft permit as written, and so long as the first notice, the NORI, was published like it was supposed to be, the draft permit and the permit application will be filed with the Office of the Chief Clerk.
At that time, the second notice, the Notice of Application and Preliminary Decision (aka NAPD) will be sent to the applicant for publication.
This publication initiates the formal public comment period, which lasts 30 days, unless there is a public meeting scheduled; but public comments can be submitted to the TCEQ prior to the NAPD being published.
Our agency responds to each public comment that is received in a timely manner, and our response will be filed with the Chief Clerk’s Office within 60 days of the close of the comment period.

16. Filling out the Application
If an item is not applicable, enter “N/A” and include an explanation. Do not leave the item blank.
If you’re not sure how to fill out part of the application:
Read the instructions, or
Call the Water Quality Division ( ) and ask to speak with an industrial permit writer.
Provide complete information each time, even for renewals.
Permit writers do not have easy access to previous applications, so it is important that each permit application is filled out independently of all of the previous applications.
Please do not fill out permit applications thinking that your permit writer can see all of the information that was submitted previously. Anything that you would like for the permit writer to know or consider needs to be submitted with each permit action. This saves time and minimizes the back and forth communication requesting for additional information.
When filling out the application, if there is portion of the application that does not apply to the facility, please clearly indicate that does not apply and provide an explanation about why it does not apply.
Sometimes, stating N/A is just not enough and your permit writer needs to know how that conclusion was determined, especially when it comes to the analytical sampling, which will be discussed more
later.
If you are not sure how to fill out the application, please read the instructions that we have available online or call the Water Quality Division and speak with an industrial permit writer.

17. Technical Report - Tips
The first part of the Technical Report asks for information on the facility/site.
Describe the activities and general operations of the facility. What is its purpose?
Describe ALL of the processes that generate wastewater.
Provide a list of raw materials, major intermediates, and products… this will help the permit writers know about the unique processes taking place at the facility.
Also, please state whether or not the facility or the disposal site is located above the 100-year frequency flood plain… this is a part of the application that applicants often incorrectly leave blank.
The source used to make this determination must also be provided in the application.

18. Technical Report - Tips
Include at least one legible facility map – a picture is worth 1,000 words… provides a very good overview of what is going on at the facility for someone who is not familiar with it.
Just like this map of the convention center and its future plans, we can get a good idea of what is going on and what is planned without having to know all of the ins and outs.
The facility map should be included in the application as one of the appendices.
Be sure that the facility map includes:
- Production areas
- maintenance areas
- material-handling areas
- waste disposal areas
- location of each unit of the wastewater treatment system
(collection sumps, impoundments, outfalls, and sampling points)

19. Technical Report - Tips
The second part of the Technical Report asked for information about the Treatment System.
List any physical, chemical, or biological treatment processes that the facility uses to treat wastewater.
The description should start with the initial treatment and describe everything that takes place through the point of discharge or land disposal.

20. Technical Report - Tips
Flow schematics should include water balance and show each treatment unit as well as account for all of the sources of wastewater.
The flow diagram should be included with the application as one of the appendices, and these do not have to be in color.
The one that I am using in the slide is overly dramatic for presentation-purposes.
This is not expected of you, so don’t stress.

21. Technical Report - Tips
The third part of the technical report asks for information on the impoundment used at the facility. If the facility does not use impoundments, be sure to indicate this appropriately by stating no to the first question.
Use Designation
T – treatment D – disposal C – containment E – evaporation
Liner Type
C – compacted clay I – in-situ clay S – synthetic/plastic/rubber
The outfalls that is associated with the impoundment (VERY IMPORTANT TO DENOTE)
Length
Width
Depth to water surface
Depth to groundwater
The freeboard measurement (All ponds must maintain at least 2 feet of freeboard.)
Surface area
Storage capacity in gallons
Compliance with 40 CFR Chapter 257 Subpart D applies to the disposal of coal combustion residuals, so be sure to check the box for no if this does not apply to your facility.

22. Technical Report – Tips
Outfall information
List all contributing waste streams.
Include volumes of all waste streams
Include % of total flow volume of each waste stream
Be sure that the sum of all waste percentages equals 100%
Be sure information in table is consistent with flow schematic/water balance.
The fourth part of the Technical Report requests information on the outfalls at the facility.
List the latitude and longitude for each outfall.
Provide a physical description of the location for each outfall.
List the sampling location associated with each outfall.
List all of the contributing wastestreams associated with each outfall.
Include the individual volumes of each and every waste-stream, no matter how small it may be.
Include the percentage of the total flow volume for each waste-stream (this is important for calculating the toxic rating of the facility, and that affects the billing, so discrepancies/errors can cost you, literally).
Be sure that the sum of all waste percentages equals 100% (which it should).
Be sure that the information in the table is consistent with the flow schematic and the water balance (permit writers to check for this).
Not including any changes up front may result in significant delays.

23. Technical Report – Tips
Amendments/modifications
Try to include all requests for changes up front.
Not doing so may cause significant delay in processing of the permit application.
Amendment or modification requests are listed as Items in the Technical Report.
Try to include all of these requests for changes up front.
Not including all of these requests for changes up front may cause significant delay in processing of the the permit application.
So don’t be like the guy on the slide, and plan/prepare ahead of time.

24. Technical Report – Worksheet 1.0
EPA Effluent Categorical Guidelines
Worksheet 1.0 provides information on whether or not the facility is subject to any federal effluent categorical guidelines, and this worksheet is required for all permit applications.
This worksheet is used by your permit writer during the determination of the technology-based effluent limits.
There are quite a few industries that have federal effluent guidelines established for them, so please fill out this worksheet appropriately and thoroughly.
- Please include all parts and subparts of the 40 CFR that apply.
- Please include all production data for each category and subcategory, and please do so in the appropriate units.
- Please provide a breakdown of process vs. non-process wastewater – this is very important!!
- Also, please provide complete information on the processes being used at the facility and the start dates, so that the permit writer can determine whether or not New Source Performance Standards apply.
(which is also very important)

25. Technical Report – Worksheet 2.0
Pollutant Analyses
Plan ahead
Begin sampling and analyzing effluent so that all required data can be submitted with the application.
Effluent data is required for renewal applications.
Applications are not processed without analytical data. The ONLY exceptions are:
new facilities
facilities with no discharges due to drought or other circumstances
Analytical labs must be NELAC-certified.
Worksheet 2.0 provides the analytical data that is needed in order to write permits that authorize the discharge of industrial wastewater.
Worksheet 2.0 is required for all applications, unless you are applying for a TLAP permit or for an individual permit to discharge stormwater runoff only.
The only applications that are allowed an exception from this are application for new facilities and applications for facilities that have not discharged due to drought or other circumstances.
It is impossible to test a discharge that does not exist, and we understand that.
In those instances, retest requirements will be included in the permit, so all of the pollutant listed in Worksheet 2.0 will be tested for, eventually. There is no escaping it.
So, if you have a discharge, no matter how infrequent it may be, it needs to be sampled and analyzed and the results need to be included in the permit application.
So, plan ahead!
Also, the analytical labs that are used to analyze the samples must be NELAC-certified.

26. Technical Report – Worksheet 2.0
Pollutant Analyses
Minimum analytical levels (MALs) are listed in the application form tables and in Appendix E of the June 2010 Implementation Procedures.
Be sure that your lab tests each parameter down to its MAL.
Not doing so can result in:
(1) having to retest for one or more parameters or
(2) having effluent limits for that parameter added to your permit.
It is worth noting, and as you can see in the table on the slide, that both Available Cyanide and Total Mercury have multiple MAL values. The different MALs for these pollutants are associated with certain testing methods, and that is why there are more than one. There is a possibility that applicants may be asked to analyze additional samples down to the lower MAL, but the permit writer will inform applicants of this if that is necessary. So, please initially test down to the higher MAL, unless you have limits in your permit that are more stringent, and in that case you will need to test down to the lower MAL.
If your permit contains effluent limitations, then the MALs for those pollutant can be found in the Other Requirements section of your permit. Please test down to those MAL values for the duration of your permit.

27. Technical Report – Worksheet 3
Technical Report – Worksheet 3.0 Texas Land Application Permits - TLAPs
Complete all applicable information (irrigation, evaporation, or both).
Provide cropping plan if irrigating.
Worksheet 3.0 provides the information that is needed in order to write permits that authorize the disposal of industrial wastewater through land application.
Please complete all of the applicable information, and if you plan on using irrigation as a disposal option, please provide a cropping plan as one of your attachments.
The instruction document contains links to useful websites for the Well and Map Information section and the Soil Map and Soil Information section.

28. Technical Report – Worksheet 3
Technical Report – Worksheet 3.0 Texas Land Application Permits - TLAPs
Provide pollutant analysis.
Analytical labs must be NELAC-certified (signature required).
Fill out all required pollutant analysis tables.
In Table 14, include data for all parameters regulated in the permit.
In Tables 15 and 16, include data for all parameters not regulated in the permit.
Worksheet 3.0 also requires pollutant analysis, and the labs that are used must be NELAC-certified.
Please completely fill out all of the analysis tables.
Table 14 is used to provide the monitoring data for the past two years for all of the pollutants that are regulated in the permit.
Tables 15 and 16 are used to provide the analytical data for all of the pollutants that are NOT regulated in the permit.
Please follow the instructions and test for all of the parameters listed in Tables 15 and 16 – we need this data in order to perform an accurate and thorough technical review.

29. Technical Report – Worksheet 3.1 TLAPs
Water balance
Needed to calculate allowable land application rates and storage volumes (when storage is needed).
Information needed includes:
Curve number (CN)
Effluent conductivity (Ce)
Maximum allowable conductivity of soil solution (CL)
Irrigation efficiency (K)
Worksheet 3.1 provides additional information based on the method of disposal being utilized.
If irrigation is your disposal method, please be sure to provide an engineering report with water balance, storage volume calculations, and nitrogen balance as an attachment to the application.
If you are using evaporation ponds, please provide an engineering report with water balance and storage calculations.
If you are using evapotranspiration beds, please provide an engineering report with water balance, storage volume calculations, and a description of the liner.
Evapotranspiration beds also need to have their liners certified by a licensed Texas professional engineer.
The water balances that are submitted with your application need to have all of the information that is included on the slide.
This information is needed to calculate the allowable application rates and storage volumes for when you are unable to land apply and storage is needed.

30. Forms and Instructions
Application forms and instructions, plus additional information, are available at the following TCEQ website:
This page also includes a link to Spanish language notice templates.
All of the information that I referenced in this presentation can be found online through the TCEQ website.
The link in this slide will take you directly to the webpage that details the permitting process for industrial wastewater permits.
However, please feel free to call the Water Quality Division and speak with a permit writer if you have any specific questions.
The division phone number is in the closing slide for anyone to write down if needed.
We are more than happy to have pre-application meetings to go over the specifics at your facility, and we are available to assist you through the process.

31. Streamlined Desalination Permits
Only for off-shore discharges of reject water and upland discharges of treated marine seawater
Separate, streamlined application forms
If the applicant does not respond to a NOD within the specified timeframe, the application will be returned.
Collaboration with the Texas General Land Office (GLO) and Texas Parks and Wildlife Department (TPWD) required
Facilities that use cooling water intake structures can not utilize the streamlined process.
I would like to take a few moments to discuss the new streamlined marine desalination permitting process that the TCEQ has established.
House Bills 2031 and 4097 mandated the TCEQ to create this expedited permitting process, which is a collaborative effort with the Texas General Land Office and the Texas Parks and Wildlife Department. Now, you may be wondering just how streamlined the permitting process is. Well, the administrative review must be completed within 5 days of receiving the application, and the technical review must be completed with 30 days after the administrative review has ended. That is brutally fast, just in case you were wondering. The Water Quality Division has created separate application forms for off-shore dischargers to use, and this will aid in helping to expedite the administrative and technical reviews. However, it is very important that we receive complete applications so that no time is wasted on the back and forth of requesting additional information.
This streamlined permitting process only applies to applications that are seeking to discharge the reject water off-shore, which is defined as being at least 3 miles out past the coastline.
Near-shore discharges, which are considered to be discharges that occur within the range of the coastline and 3 miles out in the ocean, will still be regulated under the regular TPDES program. Permits for near-shore discharges cannot be expedited because the federal government has jurisdiction over coastal waters up to 3 miles out from the coast. Because the TPDES program is under federal delegation, we will not be able to issue any industrial wastewater permits for near-shore discharges any sooner than the standard timeframes, which we talked about earlier in the presentation.
It is also worth mentioning that facilities that use cooling water intake structures will not be able to utilize the streamlined process, because the 316(b) review will take much longer than the allotted time.
Until September 1, 2020, applicants that are seeking permits under this expedited process must consult with the GLO and the Parks and Wildlife Department to determine their points of diversion and discharge.
It is really important that I stress that this streamlined process only applies to the industrial wastewater permit. It does not apply to the water rights permit that is also needed. Right now, there is not a streamlined process for obtaining water rights permits for marine desalination projects, but I have heard that one is being developed.

32. Questions ? For More Information: Phone: 512-239-4671
Water Quality Division
Industrial Permits Team
Questions ?
Are there any questions?