1. INDUSTRIAL WASTEWATER PERMITS
TCEQ Environmental Trade Fair
Rebecca Moore
May 2019

2. Overview Types of permits
Tips and other important information for filling out a permit application
The permitting process
Permit writer review

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 (800)

4. Types of Permits Individual Authorizations Reuse Authorizations
Direct discharges (TPDES)
Land application (TLAP)
Reuse Authorizations
30 TAC Chapter 210
General Permits
Permits By Rule
30 TAC Chapter 321

5. Forms and Instructions
Application forms and instructions, plus additional information, are available at the following TCEQ web site:
This page also includes a link to Spanish language notice templates.

6. Filling out the Application
If an item is not applicable, enter “N/A”. Do not leave the item blank.
If you’re not sure how to fill out part of the application:
Read the instructions!
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.

7. Technical Report – Tips
Amendments/modifications
Include all request for changes up front.
Not doing so may cause significant delay in processing of the permit application.
Amendment or Modification Request 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.

8. Major vs. Minor Amendment
Substantially changes or relax the permit
Major Amendment*
Changes without relaxing the permit
Minor Amendment
*Requires additional notice to adjacent and downstream landowners

9. Major vs. Minor Amendment: Examples
Increase flow
Remove a limit
Add/move a waste stream
Add/move an outfall
Major Amendment*
Decrease flow
Remove a waste stream
Remove an outfall
Add internal outfall
Minor Amendment
*Subject to Anti-backsliding regulations

10. Major vs. Minor Amendment: Example A
Existing Permit
Authorized to discharge hydrostatic test water, utility wastewater, and stormwater on an intermittent and flow-variable basis via Outfall 001
Application Request
Remove authorization to discharge hydrostatic test water via Outfall 001
Minor Amendment
Removal of authorization to discharge hydrostatic test water makes permit more stringent by not allowing the discharge of that waste stream

11. Major vs. Minor Amendment: Example B
Existing Permit
Authorized to discharge wastewater via internal Outfall 101 and stormwater, utility wastewater and previously monitored wastewater via Outfall 001
Application Request
Increase BOD loading at Outfall 101 from 10 lbs/day to 15 lbs/day
Increase oil and grease loading at Outfall 101
Outfall
Existing permit limits
Request
Outcome
101 (Internal)
BOD- 10 lbs/day
Flow- 0.2 MGD
Oil & Grease- 15 lbs/day
BOD- 15 lbs/day
Oil & Grease- 20 lbs/day
Increase concentration from 6 mg/L to 9 mg/L
Oil & Grease increase
001 (External)
BOD- 15 mg/L
Flow- Intermittent & flow variable
No change
Major Amendment
Increasing BOD at Outfall 101 does not relax the permit
Increasing oil & grease at Outfall 101 relaxes the permit

12. 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 volume of the each of the wastestreams, no matter how small it may be.
Include the percentage of the total flow volume for each wastestream (this is important for calculating the toxic rating of the facility, and that affect 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 all changes up front may result in significant delays.

13. Technical Report – Worksheet 1.0
EPA Effluent Categorical Guidelines
Item 1 - Include all parts and subparts of Title 40 Code of Federal Regulations (CFR) that apply.
Item 2 – Include all production data (in appropriate units) for each category and subcategory.
Item 3 – Provide breakdown of process vs. non-process wastewater.
Item 4 – Provide complete information on processes, 40 CFR Parts and Subparts, and start dates so that permit writer can determine whether New Source Performance Standards apply.
Item 2 – for example, flow, pounds of product

14. Pollutant Analyses: Worksheets 2.0 & 3.0
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 no longer 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.

15. Pollutant Analyses: MALs
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
having to retest for one or more parameters or
having effluent limits for that parameter added to your permit.

16. Texas Land Application Permits - TLAPs
Provide cropping plan if irrigating
Water balance
Needed to calculate allowable land application rates and storage volumes (when storage is required).
Information needed includes:
Curve number (CN)
Effluent conductivity (Ce)
Maximum allowable conductivity of soil solution (CL)
Irrigation efficiency (K)

17. Water Balance Example A B Ri C D E F G
Month
Average Precipitation
Average Runoff
Average Infiltrated Rainfall
Evapotrans-piration
Required Leaching
Total Water Needs
Effluent Needed in Root Zone
Evaporation from Reservoir Surface
Effluent to be Applied to Land
Consumption from Reservoir
(1)
(2)
(3)
(4)
(5)
(6)
(5)+(6)=(7)
(7)-(4)=(8)
(9)
(8)/K=(10)
(9)+(10)=(11)
January
2.11
0.40
1.71
0.80
0.00
0.02
February
2.43
0.57
1.86
1.20
0.01
March
2.02
0.36
1.66
2.80
0.20
3.00
1.34
0.09
1.58
1.67
April
3.19
1.03
2.16
3.40
0.22
3.62
1.46
0.05
1.72
1.77
May
4.19
1.74
2.45
6.10
0.64
6.74
4.29
0.10
5.05
5.15
June
3.30
1.10
2.20
6.50
0.76
7.26
5.06
5.95
6.15
July
0.45
1.75
6.70
0.87
7.57
5.82
0.34
6.85
7.19
August
2.12
0.41
4.60
0.51
5.11
4.00
4.34
September
3.58
1.30
2.28
5.10
0.50
5.60
3.32
0.19
3.91
4.10
October
3.09
0.96
2.13
0.35
4.45
2.32
0.14
2.73
2.87
November
2.23
0.46
2.10
0.06
0.39
0.07
0.53
December
2.34
0.52
1.82
1.00
0.03
Total
32.80
9.30
23.50
44.40
4.11
48.51
27.40
32.24
33.82
The total of Column G is the maximum allowable application rate in Acre-inch/Acre/Year which is equivalent to 2.82 Acre-feet/Acre/Year.
This water balance is the example used in 30 TAC Chapter 309.
Up-to-date rainfall and evaporation data sets are available from the Texas Natural Resource Information System.
Runoff should be determined by an acceptable method such as the Soil Conservation Service method found in SCS Technical Release No. 55. For calculation purposes only, a CN value of 74 was assumed for good pasture with Class "C" soils.
Suggested source of values is the "Bulletin 6019, Consumptive Use of Water by Major Crops in Texas", Texas Board of Water Engineers.
In low rainfall areas, this is the required leaching to avoid salinity build-up in the soil where: L = Ce (E-Ri) Ri = Infiltrated Rainfall Cl-Ce Ce = Electrical Conductivity of Effluent C1 = Maximum Allowable Conductivity E = Evapotranspiration of Soil Solution (Table 3) For calculation purposes only, Ce is measured to be C and C1 is 10.0 (Bermuda Grass)
Net Average Evaporation from Reservoir Surface. For the purpose of this calculation, irrigation area = 100 acres and reservoir surface area = 5 acres. Therefore, values are 5% of Evaporation figures of Austin, Texas.
K is the irrigation efficiency. K value is 0.85 unless specific information is provided to support a different value.
The total of this column is the maximum allowable application rate in Acre-in./Ac./yr.
*All Units are Inches of Water per Acre of Irrigated Area

18. Storage Calculation ExampleB C D E F
Month
Effluent Received for Application or Storage
Rainfall Worst Year in Past 25 Years
Runoff Worst Year in Past 25 Years
Infiltrated Rainfall
Available Water
Net 25 Year Low Evaporation from Surface
Storage
Accumulated Storage
(12)
(13)
(14)
(15)
(14)-(15)=(16)
(13)+(16)=(17)
(18)
(19)
(20)
January
2.70
3.28
1.09
2.19
4.89
0.00
2.69
8.49
February
3.8
1.45
2.35
5.05
0.01
11.18
March
3.18
1.02
2.16
4.86
0.04
1.67
12.85
April
4.98
2.63
5.33
0.02
1.51
14.36
May
6.57
3.67
2.9
5.60
-1.86
12.50
June
5.13
2.47
2.66
5.36
0.09
-2.80
9.70
July
3.44
1.2
2.24
4.94
0.16
-3.73
5.97
August
3.33
1.12
2.21
4.91
-0.87
5.10
September
5.59
2.84
2.75
5.45
0.08
-0.74
4.36
October
4.82
2.22
2.6
5.30
0.07
0.45
November
3.49
1.23
2.26
4.96
0.03
2.67
3.12
December
3.64
1.34
2.3
5.00
2.68
5.80
Total
32.40
51.25
22.00
29.25
61.65
0.72
To allow for the worst condition, the summation started in October, which gives a maximum storage requirement of inches/irrigated acre or 120 Acre-feet.
This storage calculation example is the example in 30 TAC 309, which is based on a 240,000 gallon per day with an application rate of 2.7 Acre-feet/Acre/year irrigating 100 Acres.
For calculation purposes only, disposal rate is for a 240,000 gallons per day facility (2.7 Ac.-ft/AC./yr.) irrigating 100 Acres. Maximum values for Column 13 are the value (total) of Column 11 divided by 12. Note that the values in Column 13 could be adjusted to allow for seasonal variation in effluent output.
Annual rainfall amount from the worst year in past 25 years of data. Total rainfall is then distributed proportional to monthly averages.
Using rainfall figures in Column 14, calculate runoff with the same method used in Column 3.
Lowest annual evaporation in past 25 years from reservoir surface. Distribute annual value proportionally to monthly average evaporation expressed in inches per irrigated acre. For purpose of this calculation, irrigation area = 100 acres and reservoir surface area = 5 acres. Therefore, values in Column 18 are 5% of Evaporation figures for Austin, Texas.
Storage = [(13)-(18)]-{[(7)-(16)]/k}. If the term {[(7)-(16)]/k} is negative, then the value for storage = [(13)-(18)]. Irrigation efficiency is 0.85 unless specific information is provided to support a different value.
To allow for the worst condition, the summation was started in Oct. which gives a maximum storage requirement of in./irrigated acre or 120 Acre-feet.
*All Units are Inches of Water per Acre of Irrigated Area

19. The Permitting Process
Water Quality Assessment
NOD & NORI
Application
NAPD
Public comments
Applications Team
ISSUED PERMIT
Issued Permit
Chief Clerk’s Office
Permit Coordinator
Draft Permit
This graphic slide shows the generalized flow of an application through the permitting process. The diagram shows the major processes only and is not intended to be all-inclusive. Additional information or action may be required during any part of the permitting process. Dashed arrows show the major interactions. The applicant and the permit coordinator play central roles in moving an application through the permitting process.
The applicant sends the application to the Applications Review and Processing Team, where the application is reviewed for administrative completeness. The applicant will receive a Notice of Deficiency (NOD) to request additional information if the application is not complete. When the application is complete, a Notice of Receipt of Application and Intent to Apply (NORI) will be sent to the applicant for immediate publication. The NORI comment period can run concurrent with the technical review of the application.
Technical review of the application begins in the Water Quality Assessment Section, where receiving stream uses and effluent limits are determined.
The permit coordinator receives memoranda from the other technical teams and completes the technical review of the application before preparing a draft permit. Input from the technical teams, regional offices, the enforcement division, and the applicant are considered. The permit coordinator will prepare a draft permit package for review by the applicant and TCEQ staff. The draft permit and application materials may be reviewed by the EPA, depending on the type of application other factors. The public and the EPA may submit comments for consideration, both of which can add to permit processing time. After these steps, the permit can then be issued.
Draft Permit
EPA
Region & Enforcement

20. Water Quality Assessment Review
TPDES
Standards
Critical Conditions
Modeling
Biomonitoring
TLAP
Geology
Agronomy
Technical review of the application begins in the Water Quality Assessment Section, where receiving stream uses and effluent limits are determined.

21. Processing Time Frames
New application – 330 days
Major amendment
Major facilities – 330 days
Minor facilities – 300 days
Renewal
The number of days starts from the date TCEQ receives the application.

22. Processing Time Frames
Timeframes may be longer if:
EPA issues objections to the draft permit
TCEQ receives request(s) for a public meeting or contested case hearing
The number of days starts from the date TCEQ receives the application.

23. 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.

24. 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.
The NORI is mailed out to be published by the permittee only after the application is deemed “administratively complete”.

25. Water Quality Assessment: TPDES
Water Quality Standards
Uses and criteria
Antidegradation
Endangered species
Critical Conditions
Critical flows or mixing conditions
Mixing zone definition

26. Water Quality Assessment: TPDES
Dissolved Oxygen (DO) Modeling
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

27. Water Quality Assessment: TLAPs
Agronomy
Crops
Soil testing
Hydrogeology
Pond-lining requirements
Buffer zones
Groundwater monitoring
Agronomy – disposal by irrigation

28. Permit Writer Review Process
Data completeness review
Compliance history
Self-reported effluent data
Technology-based effluent limits
Water quality-based effluent limits
Final effluent limits
Final effluent limits – most stringent of tech-based, water quality-based, and existing permit limits

29. Technology-Based Effluent Limits
Effluent limit guidelines (ELGs): 40 Code of Federal Regulations
Best professional judgement (BPJ) when guidelines do not exist

30. TBELs Example 40 CFR 414 – Organic Chemicals, Plastics, and Synthetic Fibers
40 CFR 414, Subpart G (Bulk Organic Chemicals)
40 CFR 414, Subpart J (Direct Discharge Point Sources That Do Not Use End-of-Pipe Biological Treatment)
New source determination
Example:
MGD process wastewater

31. TBELs Example 40 CFR 414 Subpart G
Pollutant
Effluent Limit Guidelines
Technology-Based Effluent Limitations
Daily Average
(mg/L)
Daily Max (mg/L)
Daily Avg (lbs/day)
Daily Max (lbs/day)
BOD 34 92
6.13
16.6
TSS 49
159
8.83
28.6 pH
6.0 SU, minimum
9.0 SU, maximum
Daily Avg (lbs/day) = [Dly Avg (mg/L)] × [wastewater flow (MGD)] × 8.345
Daily Max (lbs/day) = [Dly Max (mg/L)] × [wastewater flow (MGD)] × 8.345
where is a conversion factor.

32. TBELs Example 40 CFR 414 Subpart J
From the Application:
Total permitted daily average flow from Outfall 001: MGD
Subpart J Process Wastewater Flow: MGD
ELGs
Pollutant
Daily Average (µg/L)
Daily Maximum (µg/L)
Anthracene 19 47
Benzene
Hexachlorobenzene 94
232
Dly Avg (lbs/day) = [Dly Avg (μg/L)/1000] × [ MGD] × 8.345
Dly Max (lbs/day) = [Dly Max (μg/L)/1000)] × [ MGD] × 8.345
Single Grab (mg/L) = [Dly Max (µg/L)/1000] × 1.5

33. TBELs Example 40 CFR 414 Subpart J
Dly Avg (lbs/day) = [Dly Avg (μg/L)/1000] × [ MGD] × 8.345
Dly Max (lbs/day) = [Dly Max (μg/L)/1000)] × [ MGD] × 8.345
Single Grab (mg/L) = [Dly Max (µg/L)/1000] × 1.5
Pollutant
ELGs
Technology-Based Effluent Limits
Daily Avg
(µg/L)
Daily Max
Daily Avg (lbs/day)
Daily Max (lbs/day)
Single Grab (mg/L)
Anthracene 19 47
0.075
Benzene 57
134
0.201
Hexachlorobenzene
196
794
1.191

34. Water Quality-Based Effluent Limits (WQBELs)
Water Quality Assessment Reviewers determine:
The discharge route
The Segment Uses
The Critical Conditions
The Texas Toxicity Screening (TexTox) menu
Permit Writer
Run TexTox
Compare with analytical data
Add reporting requirement or limit to permit

35. Final Permit Limits Pollutant Technology-Based Water Quality-Based
Existing Permit
Daily Avg
Daily Max
lbs/day
BOD
6.13
16.6
N/A
2.4
4.9
TSS
8.83
28.6
14.8
49.1
Anthracene
Benzene
Hexachlorobenzene
0.0117

36. Industrial Permits - Review
Team leader
Applicant
TCEQ Region staff
Technical staff
General public
(TCEQ Legal staff)
(EPA)

37. 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 extended until the end of meeting.
RTCs are scheduled to be filed within 60 days of close of comment period

38. Phone: 512-239-4671 Water Quality Division Industrial Permits Team
Questions?
What’s with the boar?

39. HELPFUL RESOURCES TCEQ website: https://www.tceq.texas.gov/
Keyword/forms search (database, Spanish templates, 10055, 10411, industrial wastewater permits, etc.)
Central Records
Chief Clerk’s Office:
Water Quality Division:
Region Directory:
Summary of helpful resources available on the web and via TCEQ phone numbers. The main TCEQ website is There is a search box on the upper right corner. Some helpful keyword searches for municipal permits are: (administrative report and instruction booklet), (technical report), Spanish Templates, database (brings up a link to the Commissioners' Integrated Database to track permit status).
Some helpful phone numbers. The main water quality division number is The Office of the Chief Clerk’s number is The Central Records phone number is

40. References