Fact Sheet and Executive Director'S Preliminary Decision TPDES General Permit TXR050000 - Multi Sector General Permit
Fact Sheet and Executive Director'S Preliminary Decision TPDES General Permit TXR050000 - Multi Sector General Permit
Fact Sheet and Executive Director'S Preliminary Decision TPDES General Permit TXR050000 - Multi Sector General Permit
For proposed Texas Pollutant Discharge Elimination System (TPDES) Multi Sector General
Permit (MSGP) Number TXR050000 to discharge to surface water in the state.
Contents
I. SUMMARY ............................................................................................................................. 2
II. EXECUTIVE DIRECTOR’S RECOMMENDATION ........................................................................ 3
III. PERMIT APPLICABILITY AND COVERAGE ................................................................................ 3
IV. PERMIT CONDITIONS AND EFFLUENT LIMITATIONS ..............................................................10
V. CHANGES FROM EXISTING GENERAL PERMIT: ..................................................................... 15
VI. ADDRESSES AND CONTACT INFORMATION ............................................................................ 18
VII. LEGAL BASIS ........................................................................................................................ 19
VIII. REGULATORY BACKGROUND ............................................................................................... 20
IX. PERMIT COVERAGE ............................................................................................................. 20
X. TECHNOLOGY-BASED REQUIREMENTS .................................................................................47
XI. WATER QUALITY-BASED REQUIREMENTS ........................................................................... 50
XII. MONITORING....................................................................................................................... 51
XIII. PROCEDURES FOR FINAL DECISION ...................................................................................... 51
XIV. ADMINISTRATIVE RECORD ...................................................................................................52
APPENDIX A - BENCHMARK SAMPLING ANALYSIS .............................................................................54
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
TPDES General Permit TXR050000 - Multi Sector General Permit
I. Summary
The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi
Sector General Permit (MSGP) TXR050000, issued August 14, 2011, which authorizes the
discharge of stormwater associated with industrial activity. The draft MSGP specifies which
facilities must obtain permit coverage, which are eligible for exclusion from permit
requirements, which may be automatically authorized, and which may be required to obtain
individual permit coverage.
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
TPDES General Permit TXR050000 - Multi Sector General Permit
storage of crude oil. Modified language to clarify when permittees must be regulated
under an EPA NPDES permit and when they qualify under the MSGP.
G. Clarified permit language in Part V, Sector I (Oil and Gas Extraction Facilities) when
facilities qualify for permit coverage under the EPA NPDES permit, or when they qualify
under the MSGP.
H. Clarified permit language in Part II, Section C.1(a) for above ground storage tanks
(ASTs) requirements.
I. Removed the terms “Stockpiled rail ties” and “metal products” from language in Part
II.C.1.(b).
J. Added language to Part III, Section D.1 (c) to clarify how permittees should document
zero rainfall totals, or no rain for sampling requirements.
K. Added clarification to the section “Impaired Water Bodies and Total Maximum Daily
Load Requirements” to address when discharges are considered discharging to an
impaired water body.
L. Pursuant to the October 23, 2013 Commissioner’s Order on the Livestock Manure
Composting General Permit, WQG200000, the draft permit was similarly revised to
clarify that an applicant who owns or operates a facility classified as an “unsatisfactory
performer” is entitled to a hearing before the commission prior to denial or suspension
of authorization.
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
TPDES General Permit TXR050000 - Multi Sector General Permit
B. No Exposure:
Facilities regulated under the MSGP may be excluded from permit requirements if there
is no exposure of industrial materials or activities to precipitation or runoff. To qualify
for this conditional exclusion from permit requirements, the operator of the facility must
certify that industrial activities and materials are isolated from precipitation and runoff
by storm resistant shelter. The certification must be submitted to the TCEQ on a No
Exposure Certification (NEC) form, or other approved form.
Storm-resistant shelters include buildings or structures that have complete roofs and
walls, as well as structures with only a top cover but no side coverings, as long as the
materials or activities under the structure are not otherwise subject to any run-on and
subsequent runoff of stormwater, or mobilization by wind.
Facilities operating under a conditional no-exposure exclusion are subject to inspection
by authorized TCEQ personnel to determine compliance with the exclusion. In addition,
operators of facilities that qualify for this exclusion and that discharge stormwater to a
municipal separate storm sewer system (MS4) must provide a copy of their NEC form to
the MS4 operator, even if not required by the MS4.
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
TPDES General Permit TXR050000 - Multi Sector General Permit
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
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handle waste materials associated with the regulated activity, unless the
compactor is located indoors or protected by a storm-resistant shelter);
f. industrial refuse or trash that is stored in large roll-off containers located
under a constructed cover or covered with securely-fastened heavy-duty
tarps, provided that the tarps are properly maintained and in good
condition. If tarps show any signs of beginning to deteriorate, they would
need to be replaced before they deteriorate. Tarps must be fastened to the
waste containers in such a way that they would need to be unfastened and
refastened each time waste materials are added;
g. particulate emissions from roof stacks or vents, provided that they are in
compliance with other applicable TCEQ rules and do not contaminate
stormwater; and
h. above-ground storage tanks (ASTs) that are equipped with valves for
dispensing materials that support facility operations (e.g., heating oil,
propane, butane, chemical feedstocks for facility equipment) or that
dispense fuel (e.g., gasoline, diesel, compressed natural gas) for delivery
vehicles provided that:
(1) the ASTs are located away from vehicle maintenance areas;
(2) there are no leaks from pipes, pumps, or other equipment that
could come into contact with stormwater; and
(3) the ASTs are surrounded by secondary containment (e.g.,
impervious berm, dike, or concrete retaining structure) to prevent
exposure to stormwater runoff in the event of structural failure or
leaks.
ASTs that are used to directly fuel vehicles other than delivery vehicles
(e.g., ASTs at airports that are used to dispense fuel to airplanes) are
considered exposed.
2. Limitations on eligibility for the no-exposure exclusion:
a. The exclusion from permit requirements is only available facility-wide,
and is not available for individual buildings, or individual outfalls.
Generally, if any exposed industrial materials or activities exist on any
portion of a regulated facility, the facility is not eligible for the no-
exposure exclusion.
b. If a facility with a no-exposure exclusion undergoes any change that
results in industrial activities or materials becoming exposed, then the
exclusion ceases to apply. In such a case, the operator must obtain
coverage under the MSGP or other applicable water quality permit for
stormwater discharges before making any changes that will expose
industrial activities or materials.
c. If the TCEQ or EPA determines that a facility’s stormwater discharges
have a reasonable potential to cause or contribute to a violation of
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
TPDES General Permit TXR050000 - Multi Sector General Permit
applicable water quality standards, then TCEQ or EPA may deny the no
exposure exclusion.
The TCEQ’s Small Business and Environmental Assistance (SBEA)
Division developed a guidance document, entitled “Conditional No-
Exposure Exclusion for Stormwater Runoff (RG-467),” for determining if
a facility may claim a conditional no-exposure exclusion from permit
requirements when material and activities are not located under storm
resistant shelter. The guidance document provides additional
information on the no-exposure conditional exclusion.
A facility that is able to meet the condition of no exposure is not
prohibited from obtaining permit coverage.
C. Automatic Authorization:
The existing MSGP designates certain general warehousing facilities in Sector P, related
to Land Transportation and Warehousing, that do not have any vehicle or equipment
maintenance, fueling, or rehabilitation activities for automatic coverage. The general
permit designates certain facilities in Sector X, related to Printing and Publishing
Facilities for coverage, as well as small facilities in other sectors that are located
completely inside of a private residence, a shopping mall, or office building that is not
exposed to stormwater.
Operators of the following industrial facilities are designated for coverage under the
general permit, and are not be required to: prepare a SWP3, submit an NOI for coverage
nor an NEC form for a conditional no exposure exclusion, perform any inspections,
monitoring, or representative sampling, maintain any discharge-related records, or
perform any self-reporting:
1. Facilities described in Part V, Section P, related to General Warehousing and
Storage (SIC 4225), that do not have areas for vehicle maintenance (including
vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication) or
equipment cleaning activities.
2. Facilities described under Part V, Section X, that conduct publishing or design
without printing.
3. Regulated facilities described in Part II, Section A, where the entire industrial
activity is performed completely inside of a residential home, a shopping mall, or
an office building.
Operators of the above facilities must meet all of the following requirements in order to
retain the automatic authorization option and exception from permitting requirements,
and must apply for coverage if any of the requirements are not met:
1. The industrial activity must not include a regulated industrial activity code (HZ,
LF, SE, or TW);
2. The industrial activity must be conducted completely within fully enclosed
building, such as a garage, an office building, or a retail shopping mall;
3. The regulated industrial activity must not be exposed to stormwater; and
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4. The facility operator must comply with the MSGP’s Standard Permit Conditions,
except that references to submittal of an NOI or an NEC form are not applicable.
If the Executive Director determines that additional controls are required other than
those listed above, or if there is a concern regarding the discharge of elevated levels of
pollutants, then the TCEQ may require a facility otherwise eligible for automatic
authorization to obtain coverage and meet all permit conditions through submittal of an
NOI or an individual permit application.
This provision is appropriate for these types of facilities, because they typically operate in
such a way that industrial materials are not exposed to stormwater, and stormwater
discharges are not expected to contain pollutants of concern. Facilities included under
this provision of the permit are expected to contribute less pollutant loading than other
facilities and it is appropriate for the TCEQ to automatically authorize these facilities.
These facilities are hereby notified that they are regulated by the general permit even
though they have not filed an NOI, in accordance with federal rules at 40 CFR
§122.28(b)(2)(vi), and as adopted by TCEQ at 30 TAC §205.7. However, the TCEQ also
recognizes that activities may occur at the site that do cause a water quality concern, in
which case the TCEQ may require a facility otherwise eligible for automatic authorization
to obtain coverage and meet all permit conditions through submittal of an NOI or an
individual permit application.
A facility that is able to meet the requirements for automatic authorization would not be
prohibited from obtaining permit coverage or a conditional no exposure exclusion by
completing the NEC (based on having no exposure) or NOI application process for
coverage.
D. Industrial facilities that qualify for coverage under the general permit may discharge the
following non-stormwater discharges through outfalls identified in the SWP3, according
to the requirements of the general permit:
1. discharges from emergency firefighting activities and uncontaminated fire
hydrant flushings (excluding discharges of hyperchlorinated water, unless the
water is first dechlorinated and discharges are not expected to adversely affect
aquatic life);
2. potable water sources (excluding discharges of hyperchlorinated water, unless
the water is first dechlorinated and discharges are not expected to adversely
affect aquatic life);
3. lawn watering and similar irrigation drainage, provided that all pesticides,
herbicides, and fertilizer have been applied in accordance with the approved
labeling;
4. water from the routine external washing of buildings, conducted without the use
of detergents or other chemicals;
5. water from the routine washing of pavement conducted without the use of
detergents or other chemicals and where spills or leaks of toxic or hazardous
materials have not occurred (unless all spilled material has been removed);
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
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5. Discharges that the TCEQ determines would adversely affect a listed endangered
or threatened species or its critical habitat. Federal requirements related to
endangered species apply to all TPDES permitted activities, and site-specific
controls may be required via an individual stormwater permit to ensure that
protection of endangered species is achieved.
6. Contact stormwater from certain facilities, as specifically described in the
relevant sections of Part V of the MSGP, related to sector-specific requirements.
F. Facilities that dispose of stormwater by any of the following practices would not be
required to obtain coverage under the MSGP nor under an individual permit:
1. Recycling of the stormwater with no resulting discharge into surface water in the
state;
2. Pumping and hauling of the stormwater to an authorized disposal facility;
3. Discharge of the stormwater to a publicly-owned treatment works (POTW);
4. Underground injection of the stormwater in accordance with 30 TAC Chapter
331;
5. Discharge to above-ground storage tanks (ASTs) with no resulting discharge into
surface water in the state; or
6. Containment of all stormwater within property boundaries, with no potential to
discharge into surface water in the state, either during or as the result of any
storm event.
The operator of the industrial activity may be required to demonstrate, using engineering
calculations or other appropriate methods, that no discharge would occur from the site
as a result of any storm event(s).
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Table 8. Effluent limits for hazardous metals discharging into inland and
tidal waters
Parameter Discharges to Inland Discharges to Tidal
(Total) Waters (mg/l) Waters (mg/l)
Arsenic 0.3 0.3
Barium 4.0 4.0
Cadmium 0.2 0.3
Chromium 5.0 5.0
Copper 2.0 2.0
Lead 1.5 1.5
Manganese 3.0 3.0
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
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The draft general permit continues the existing requirement to develop and implement a
SWP3 to control discharges of stormwater associated with industrial activities, in
accordance with NPDES stormwater regulations at 40 CFR §122.26 (b)(14)(viii), and as
adopted by reference in 30 TAC §281.25(a)(4) (relating to Additional Facilities and
Projects for which TPDES Permits are Required). The draft permit includes specific
provisions that must be incorporated into facility’s SWP3. These include, at a minimum,
the following elements:
1. Establish a Stormwater Pollution Prevention Team
2. Inspect facility for non-stormwater flows (e.g., process wastewater, vehicle or
equipment cleaning water, contact or noncontact cooling water, boiler blowdown,
cooling tower blowdown, hydrostatic testing water, groundwater.)
3. Describe potential pollutant sources:
(a) List an inventory of exposed materials;
(b) Develop a narrative description of activities and sources that may
contribute to stormwater pollution;
(c) Develop a site map;
(d) List historical spills and leaks (including reportable quantity (RQ) spills
required by 30 TAC Chapter 327), and keep log of any additional spills
and leaks; and
(e) Summarize all sampling data.
4. Describe pollution prevention measures and controls, including:
(a) Good Housekeeping;
(b) Spill Prevention and Response;
(c) Erosion Control;
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
TPDES General Permit TXR050000 - Multi Sector General Permit
for the control of stormwater from aircraft deicing operations. Revised Part
V.S.6.7 to use the term “glycol-based chemicals” instead of “ethylene glycol-based
chemicals”.
3. Revised note under Table 31 in Sector S, to use the term “pure glycol in glycol-
based deicing fluids” instead of “glycol-based deicing chemical”.
4. Changes to benchmark values and sampling.
Based on Benchmark Monitoring Reports received from permittees during
permit years 2011 – 2014, the following changes were made after data analysis:
a. Lowered Ammonia Nitrogen value from 2.5 mg/L to 1.7 mg/L.
b. Lowered Total Suspended Solids (TSS) values from 100 mg/L to 50 mg/L for
sector A (SIC codes 2426 – 2499), sector C (SIC codes 2873 – 2879), sector F
(SIC codes 3321 -3325), and sector H (SIC codes 1221 – 1241).
c. Lowered Biochemical Oxygen Demand (BOD) values from 30 mg/L to 20
mg/L for Sector T (Activity code TW)
d. Added language to Part IV, Section B.1.(a) clarifying the sampling
requirements for the waiver option for benchmark sampling during Years 3
and 4. If sampling during Years 1 and 2 demonstrates that the annual average
result for all benchmark parameters is below the benchmark level for the
regulated sector, then permitees can waiver out of sampling for Years 3 and 4.
5. Removed the terms “Stockpiled rail ties” and “metal products” from language in
Part II.C.1.(b).
6. Clarified permit language in Part V, Sector P (Land Transportation and
Warehousing) regarding Petroleum Bulk Stations and Terminals with SIC code
5171, pertaining to the storage of crude oil. Modified language to clarify when
permittees must be regulated under an EPA NPDES permit and when they
qualify under the MSGP.
7. Clarified permit language in Part V, Sector I (Oil and Gas Extraction Facilities)
which addresses when facilities qualify for permit coverage under the EPA
NPDES permit, or when they qualify under the MSGP.
8. Clarified permit language in Part II, Section C.1(a) for above ground storage tanks
(ASTs) requirements.
9. Revised language in Part II, Section C.1(a)(8) regarding above ground storage
tank (ASTs) that support facility operations.
10. Added clarification language to Part III, Section D.1 (c) addressing how
permittees should document zero rainfall totals, or no rain for sampling
requirements.
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
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11. Added clarification to the section “Impaired Water Bodies and Total Maximum
Daily Load Requirements” to address when discharges are considered
discharging to an impaired water body.
12. Added clarification language to “Impaired Water Bodies and Total Maximum
Daily Load (TMDL) Requirements” Part II, Section B in the permit to reference
not only the 303 (d) List of Impaired Waterbodies, but also the Texas Integrated
Report Index of Water Quality Standards for CWA Sections 305(b) and 303(d).
13. Pursuant to the October 23, 2013 Commissioner’s Order on the Livestock Manure
Composting General Permit, WQG200000, the draft permit was similarly revised
to clarify that an applicant who owns or operates a facility classified as an
“unsatisfactory performer” is entitled to a hearing before the commission prior to
denial or suspension of authorization.
14. Modified language in Part V, Sector J (Mineral Mining and Processing), section
titled “Additional SWP3 Requirements” to include access and haul roads as a
source of stormwater discharge.
15. Modified title in Part III, Section B.1.(c) from “Certification” to “Inspection,
Documentation, and Certification of Non-stormwater Discharges”.
16. Added language to Part IV, B.1 (Monitoring Periods), to clarify monitoring
periods for benchmark sampling.
17. Changed title in Part IV, Section A.3. from “Pollution Prevention Team”, to
“Investigations of Benchmark Exceedences” to clarify the content of this section.
18. Modified language in Part II, B.7 to reference “EPA-approved TMDL” as opposed
to “TCEQ approved TMDL”.
19. Modified language in Part II, C.1. (Conditional No Exposure Exclusion from
Permit Requirements), to include local MS4 personnel to determine facilities
compliance with No Exposure Certification (NEC).
20. Revised the permit language regarding the term “Control measure” in Part III,
Section B.2.(c)(5-6), to include “Structural and non-structural” .
21. Revised several definitions in Part I of the draft permit:
a. Added definitions for the following terms: “Infeasible”, “Pollutant(s) of
Concern”, and “Benchmark”.
b. Updated definitions for the following terms, in Part I of the draft general
permit: “Impaired Water”.
c. Added language to the “No Exposure” definition.
21. Added language to Part III, Section A.4.(f)(1), to include employee attendance
sheets as documentation in the SWP3.
22. Added reference to Part III. B.2(c) and revised B.5(b)(6)(a) language regarding
incidents of non-compliance.
23. Revised language in Part Ill, Section B.6 regarding findings of non-compliance.
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FACT SHEET AND EXECUTIVE DIRECTOR’S PRELIMINARY DECISION
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24. Revised language in Part III.E.4.(b) regarding sampling at BMPs. Revised the
language in Part III.D.2.(b)(4)(f) and (g) to use the term “substantially similar”
instead of the term “substantially identical”.
25. Clarified language in Part III, Section D (4.) pertaining to temporarily suspended
monitoring due to adverse conditions.
26. Expounded and clarified the list of regulated SIC codes in Part II, Section A of the
draft permit to be consistent with the SIC Code Manual.
27. Revised table format of the benchmark monitoring list of parameters and values
in Part IV, Section A (1)(a) to include required sectors.
28. Revised language to Part IV.B.1 and Part IV.B.1(b) regarding benchmark
monitoring requirements.
29. Revised the language in Part III, Section D.2, (b)(1) to use the term “similar”
consistently regarding substantially similar outfalls.
30. Revised Part V.S.6, and Parts V.s.6 (s) and (b) to use the term “primary airports”.
31. Modified Section S.6.(a)(2) and combined it with Section S.6.(b).
32. Renamed Section S.6(a) “General Requirements for the Implementation of
Numeric Effluent Limitations Established in Section S.6(a) above”.
33. Revised citations in Part V Section S.6(c).
34. Revised citations in Section S.6.(b)(1), the reference was changed to: ” as
follows”, and in Section 6.(b)(2) the reference was changed to 6.(b)(1) (a-d).
35. Replaced the word “deicing agent” with the terms “deicing chemicals” and “ADF”
in Part V Section S.6(f).
36. Added certain sector-specific definitions in Part V of the draft permit to clarify
the requirements of the section: Sector S – “Deicing”, “Aircraft Deicing Fluid”,
“Centralized Deicing Pad”, “Heating Degree Day”, and “Primary Airport”.
37. Modified Part III, Section C (Numeric Effluent Limitations) to incorporate new
Minimum Analytical Levels (MALs) found in the 2010 Procedures to Implement
Texas Surface Water Quality Standards (IPs), effective July 2014.
38. Modified Part III, Section E (4.) (Monitoring and Sampling) to clarify where to
sample for benchmark monitoring requirements.
39. Made additional changes throughout the permit that help to clarify the intent of
the general permit.
Comments regarding this general permit during the public comment period must
be submitted either by mail to the following address, by fax followed by mail, or
electronically as described below:
By Mail:
MC 105
Chief Clerk’s Office (CCO)
P.O. Box 13087
Austin, Texas 78711-3087
Electronically: http://www14.tceq.texas.gov/epic/eComment/
Questions Regarding Public Comments Should Be Directed to CCO: (512) 239-
3300
Supplementary information on this fact sheet is organized as follows:
VII. Legal Basis
VIII. Regulatory Background
IX. Permit Coverage
X. Technology-based Requirements
XI. Water Quality-based Requirements
XII. Monitoring
XIII. Procedures for Final Decision
XIV. Administrative Record
Clean Water Act (CWA) Sections 301, 304, and 401 (33 United States Code 1331, 1314 and 1341)
include provisions which state that TPDES permits must include effluent limitations requiring
authorized discharges to: (1) meet standards reflecting levels of technological capability, (2)
comply with EPA-approved state water quality standards and (3) comply with other state
requirements adopted under authority retained by states under CWA §510, 33 U.S.C. §1370.
Two types of technology-based effluent limitations must be included in the proposed general
permit. With regard to conventional pollutants, CWA §301 (b)(1)(E) requires effluent
limitations based on “best conventional pollution control technology” (BCT). With regard to
nonconventional and toxic pollutants, CWA §301(b)(2)(A), (C), and (D) require effluent
limitations based on “best available pollution control technology economically achievable”
(BAT), a standard which generally represents the best performing existing technology in an
industrial category or subcategory. BAT and BCT effluent limitations may never be less
stringent than corresponding effluent limitations based on best practicable control technology
(BPT), a standard applicable to similar discharges before March 31, 1989 under CWA
§301(b)(1)(A).
general permit specifies which particular industrial facilities are eligible for authorization
by the general permit, which must be authorized by a separate permit, and the specific
conditions that must be met in order to receive an exclusion from requirements to
develop a SWP3 and to submit a notice of intent. The proposed general permit would
provide authority for any facility currently authorized under the TPDES permit to
continue to discharge. The general permit would also continue the requirements for
certain oil exploration, production, processing, or treatment operations that are
controlled under the authority of the Railroad Commission of Texas (RCT) to apply to
EPA and the RCT for authorization to discharge stormwater runoff associated with
industrial activities.
Permit applicability is based on the facility’s primary SIC code, or by a listed Industrial
Activity Code, and includes stormwater discharges regulated in federal guidelines in 40
CFR Parts 400-471 (effluent limitations guidelines, or ELGs). Industrial facilities that are
required to obtain authorization to discharge stormwater runoff are grouped into 30
sectors, Sectors A through AD. A facility’s SIC Code is the SIC code which best describes
the main activity occurring at the site. EPA provided information regarding the primary
SIC code by referencing the SIC Manual. According to the EPA, the SIC Manual
recommends using the value of receipts or revenues to determine the primary activity. If
such information is not available for a particular facility, then number of employees or
production rate for each process may be compared. The operation that generates the
most revenue or employs the most personnel is the operation in which the facility is
primarily engaged. In the case of industrial activity codes, a facility is subject to
permitting requirements regardless of whether the Industrial Activity Code describes the
primary activity or only a minor activity occurring at the site. If a facility conducts
secondary activities that are described by an SIC code that is listed in the table, then
discharges from these additional activities are described as co-located activities and must
be authorized. Stormwater discharges from co-located industrial activities may be
authorized under the general permit, provided that the operator complies with all of the
sector specific requirements defined in the general permit for each of the co-located
activities. Co-located activities are only required to be permitted at a facility that is
already required to be regulated based on the primary SIC code or the Industrial Activity
Code.
The following industrial activities are proposed to be eligible for authorization under the
draft general permit:
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Table 17. SECTOR H: COAL MINES AND COAL MINING RELATED FACILITIES
SIC Code Description of the Industrial Activity
1221 Bituminous Coal and Lignite Surface Mining
1222 Bituminous Coal Underground Mining
1231 Anthracite Mining
1241 Coal Mining Services
1389 Oil and Gas Field Services, (applies to activities that do not occur in the
field); Not Elsewhere Classified, that occur at a company headquarters,
permanent offices, or base of operations, or at oil field service company
“home base” facilities).
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Table 31. SECTOR V: TEXTILE MILLS, APPAREL, AND OTHER FABRIC PRODUCT
MANUFACTURING FACILITIES
SIC Code Description of the Industrial Activity
2211 Broadwoven Fabric Mills, Cotton
2221 Broadwoven Fabric Mills, Manmade Fiber and Silk
2231 Broadwoven Fabric Mills, Wool (Including Dyeing and Finishing)
2241 Narrow Fabric and Other Smallware Mills: Cotton, Wool, Silk, and
Manmade Fiber
2251 Women's Full-Length and Knee-Length Hosiery, Except Socks
2252 Hosiery, Not Elsewhere Classified
2253 Knit Outerwear Mills
2254 Knit Underwear and Nightwear Mills
2257 Weft Knit Fabric Mills
2258 Lace and Warp Knit Fabric Mills
2259 Knitting Mills,
Not Elsewhere Classified
2261 Finishers of Broadwoven Fabrics of Cotton
2262 Finishers of Broadwoven Fabrics of Manmade Fiber and Silk
2269 Finishers of Textiles, Not elsewhere Classified
2273 Carpets and Rugs
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the potential to discharge stormwater associated with industrial activity has ceased or
the operator obtains coverage under an individual permit or alternative general permit.
See the following paragraph for a discussion on no exposure, and see paragraph D. below
for information on how to process a transfer of operational control.
Changing Condition Related to Exposure: An NOT must also be submitted in order to
terminate coverage or to terminate a conditional exclusion based on no exposure. If a
facility changes operations such that a condition of no exposure is obtained, then the
permittee must submit an NOT to terminate the original NOI before submitting an NEC.
If a facility which changes conditions such that a condition of no exposure no longer
exists, the permittee must submit an NOT to terminate the conditional exclusion, and
must obtain coverage before discharge occurs. The only exception to this is within the
first 90 days of permit issuance. If a permittee does not submit an NOT within the first
90 days of permit issuance, then the existing NOI or NEC will automatically be
terminated, as stated above in Part IX.B.(1) of this fact sheet.
D. Transfer of Permit Coverage
Permit coverage may not be transferred. When a new operator assumes responsibility
for a facility, a new NOI must be submitted at least 10 days before taking operational
control of the facility. The previous owner or operator must terminate permit coverage
within 10 days prior to the transfer of ownership or responsibility. This timeframe is
required by 30 TAC §210.4(h).
E. Public Involvement
Information on the ability for the public to participate in the development and issuance
of the MSGP is discussed in Part XIII of this fact sheet, Procedures for Final Decision.
In general, coverage is considered nonprovisional upon submittal of an application or
upon meeting requirements to obtain authorization without submitting an application.
Because MSGP authorizations are acted on by the Executive Director of the TCEQ, a
person who does not agree with the action may file a motion to overturn the
authorization, or decision, within 23 days after the application is deemed approved (See
30 TAC §50.139, related to Motion to Overturn Executive Director’s Decision). In
addition, any interested person may petition the Executive Director to require a
discharger authorized by a general permit to apply for and obtain an individual TPDES
permit. (See 40 CFR §122.28(b)(3)(i), which was adopted by TCEQ at 30 TAC §205.7).
Examples of factors that may require a discharger to obtain an individual permit include:
noncompliance with the conditions of the general permit; a change in operations since
the initial application was made so that the discharger is no longer appropriately
controlled under the general permit, or the discharge(s) is a significant contributor of
pollutants.
X. Technology-Based Requirements
A. stormwater Pollution Prevention Plan (SWP3)
The draft general permit continues the requirement to develop and implement a SWP3
to control discharges of contact stormwater and stormwater associated with industrial
activities, in accordance with NPDES stormwater regulations at 40 CFR §122.26
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available in the proposed MSGP for one (1) or more of the regulated metals if any
of the following criteria are met:
a. the permittee certifies that the regulated facility does not use a raw
material, produce an intermediate product, or produce a final product
that contains the hazardous metal(s) for which the waiver is being sought;
or
b. the permittee certifies that any raw materials, intermediate products, or
final products that contain any hazardous metal(s) are never exposed to
stormwater or runoff, except that final products are not considered to
expose hazardous metals to stormwater or runoff if the final product is
designed for outdoor use, unless it is a product that could be transported
by stormwater runoff or unless the final product will be used as a material
or intermediate product (similar to the considerations for “no exposure”
described in Paragraph III.B.1. of this fact sheet); or
c. the permittee collects a sample of the discharge from the facility, analyzes
the sample for the hazardous metal(s) for which a waiver is being sought,
and the results indicate that the metal(s) is/are not present in detectable
levels based on the minimum analytical level (MAL).
2. For Industry-Specific Discharges Subject to Federal Categorical Effluent
Limitations Guidelines (ELGs): Refer to Paragraphs IV.A.1.a through g of this
fact sheet.
C. Benchmark Monitoring Requirements
The current TPDES MSGP continues a requirement from EPA’s 1995 MSGP and TCEQ’s
2001, 2006, and 2011 MSGP for certain industries to monitor for one or more specific
pollutants that are generally associated with discharges from those industries. The
results are then compared to a set of benchmark values to determine the relative
effectiveness of the SWP3. The draft general permit retains this requirement as a
method for evaluating the facility’s SWP3, but includes some modifications.
1. Monitoring Frequency
The current MSGP requires permittees to conduct semiannual benchmark
monitoring throughout the permit term, and reported by March 31st of each year
following the monitoring year. The existing permit includes a waiver option,
which had previously been available in the 2011 MSGP as well as in each version
of EPA’s MSGP. Requiring benchmark sampling allows all facilities subject to
benchmark monitoring to use the data collected to ascertain whether their BMPs
are continuing to be effective, and also helps TCEQ determine whether longer
term trends could be established.
For this proposed MSGP, the E.D. is proposing to continue requiring benchmark
monitoring semiannually during the four (4) permit years following the permit
effective date, and the draft permit offers an opportunity for a facility operator to
obtain a waiver from benchmark sampling. This waiver would be available for
sampling years 3 and 4 if annual average sampling results for the first two (2)
permit years are less than the benchmark levels. However, a waiver would not be
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available for any pollutant where the annual average result measured equal to or
greater than the benchmark level.
2. Levels for Specific Pollutants
The levels and parameters for benchmarks in the current 2011 MSGP are based
on results of benchmark values submitted to the TCEQ in calendar year 2007 and
2008. The benchmark levels proposed in the draft 2016 MSGP are based on
analysis of benchmark results submitted to TCEQ during calendar years 2011,
2012, 2013, and 2014.
The results of the compiled data are described in Appendix A of this fact sheet.
Based on the results, changes were made to the benchmark levels of the following
pollutants: Biochemical oxygen demand (BOD), total suspended solids (TSS), and
ammonia-nitrogen. The changes should provide permittees with benchmark
levels that will be helpful in determining whether their BMPs are effectively
reducing the level of pollutants in runoff associated with industrial activity, and
how they compare with results of other dischargers.
Explanation of Revisions to Benchmark Monitoring Levels:
a. Levels for the following pollutants were lowered from the 2011 levels
based on the results of the benchmark monitoring in years 2011, 2012,
2013, and 2014:
Lowered Ammonia Nitrogen value from 2.5 mg/L to 1.7 mg/L.
Lowered Total Suspended Solids (TSS) values from 100 mg/L to 50 mg/L
for sector A (SIC codes 2426 – 2499), sector C (SIC codes 2873 – 2879),
sector F (SIC codes 3321 -3325), and sector H (SIC codes 1221 – 1241).
Lowered Biochemical Oxygen Demand (BOD) values from 30 mg/L to 20
mg/L for Sector T (Activity code TW)
b. There were no changes to the following pollutants, either because the
original benchmark is appropriate to continue based on the fact that it is
based on data suggesting that the existing level is appropriate for
stormwater runoff, or a sufficient number of sample points were not
available to justify a change: Total aluminum, total antimony, total
arsenic, total beryllium, total cadmium, total copper, total cyanide total
iron, total lead, total magnesium, total mercury, total nickel, nitrate-
nitrite- nitrogen, total phosphorous, total selenium, total silver, total zinc,
turbidity, oil and grease, and pH.
applicable narrative or numerical state water quality standard; (3) results in the endangerment
of a drinking water supply; or (4) results in aquatic bioaccumulation which threatens human
health.
TPDES permits contain technology-based effluent limits reflecting the best controls available.
Where these technology-based permit limits do not protect water quality or the designated uses,
additional conditions are included in the TPDES permits, which may include discharge
limitations. State narrative and numerical water quality standards are used in conjunction with
EPA criteria and other toxicity data bases to determine the adequacy of technology-based permit
limits and the need for additional water-quality based controls.
TPDES stormwater permits generally do not contain numeric water-quality-based effluent limits
(WQBELs). As stated in 30 TAC §307.8(e), controls on the quality of permitted stormwater
discharges are largely based on implementing BMPs or technology-based limits in combination
with instream monitoring to assess standards attainment and to determine whether additional
controls on stormwater are needed. Properly implemented BMPs should preclude adverse
water quality impacts that would impair designated uses or violate water quality standards. It
has been preliminarily determined that if permit requirements are properly implemented, no
significant degradation is expected and existing uses will be maintained and protected.
In certain situations, and to insure that water quality standards are being met, the TCEQ may
require an individual stormwater permit of any discharger otherwise eligible for coverage under
the MSGP. Examples include: a history of substantive noncompliance with the MSGP,
requirements of a TMDL and Implementation Plan, or other site-specific considerations.
XII. Monitoring
Monitoring requirements are being continued from the existing permit based on TCEQ rules,
TCEQ practice, EPA’s existing NPDES MSGP, and best professional judgment (BPJ). Federal
rules 40 CFR §122.44(i) require monitoring to be conducted for each pollutant limited in a
permit to assure compliance with the permitted effluent limitations. The frequency of this
monitoring may be established on a case-by-case basis, but must not be less than once per year.
The draft general permit continues the requirement to report annually all sampling results for
discharges that are subject to categorical effluent limits at 40 CFR Subpart N. This is consistent
with federal rules at 40 CFR §122.44(i)(3). In addition, the draft general permit would continue
the requirement to report all violations of non-categorical effluent limits (i.e., state-based
limits) once per year, which is consistent with 40 CFR §122.44(i)(4). Results of analyses would
be completed on DMR forms, and reported as described above.
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A. the county judge of the county or counties in which the discharges under the general
permit could be located;
B. if applicable, state and federal agencies for which notice is required in 40 CFR
§124.10(c);
C. persons on a relevant mailing list kept under 30 TAC §39.407, relating to Mailing Lists;
and
D. any other person the Executive Director or chief clerk may elect to include.
After notice of the general permit is published in the Texas Register and the newspaper(s), the
public will have 30 days to provide public comment on the proposed permit.
Any person, agency, or association may make a request for a public comment hearing on the
proposed general permit to the Executive Director of the TCEQ before the end of the public
comment period. A public comment hearing will be granted when the Executive Director or
commission determines, on the basis of requests, that a significant degree of public interest in
the draft general permit exists. A public comment hearing is intended for the taking of public
comment, and is not a contested case proceeding under the Administrative Procedure Act. The
Executive Director may call and conduct public meetings in response to public comment.
If the Executive Director calls a public meeting, the commission will give notice of the date,
time, and place of the meeting, as required by commission rule. The Executive Director shall
prepare a response to all significant public comments on the draft general permit raised during
the public comment period. The Executive Director shall make the response available to the
public. The general permit will then be filed with the commission to consider final authorization
of the permit. The Executive Director’s response to public comment shall be made available to
the public and filed with the chief clerk at least ten (10) days before the commission acts on the
general permit.
Once the draft permit is completed, it is sent to the Office of the Chief Clerk of the TCEQ. The
notice is published in the Texas Register, and the draft permit is placed on the Commission's
agenda. For additional information about this general permit, contact the stormwater &
Pretreatment Team at (512) 239-4671.
C. Miscellaneous
1. TPDES Multi-Sector General Permit (MSGP) TXR050000, issued July 22, 2011,
and effective August 14, 2011.
2. Quality Criteria for Water (1986), EPA 440/5-86-001, 5/1/86.
3. The State of Texas Water Quality Inventory, 13th Edition, Publication No. SFR-
50, Texas Natural Resource Conservation Commission, December 1996.
4. Texas Surface Water Quality Standards - 30 TAC Sections 307.1-307.10, effective
February 12, 2014, as approved by EPA Region 6.
5. Procedures to Implement the Texas Surface Water Quality Standards, Texas
Commission on Environmental Quality, Publication RG-194, January 2012, as
approved by EPA Region 6.
6. Guidance Document for Establishing Monitoring Frequencies for Domestic and
Industrial Wastewater Discharge Permits, TCEQ Document No. 98-001.000-
OWR-WQ, May 1998.
7. General Guidance Industrial Permits for stormwater Runoff Associated With
Industrial Activity, EPA Region 6, March 22, 1999.
8. TCEQ Rules, including: 30 TAC Chapters 39, 50, 205, 213, 281, 305, 307, 309,
311, 319, 327, 330, 332, and 335.
9. Standard Industrial Classification Manual, United States Office of Management
and Budget, 1987.
10. 2012 Texas 303(d) List, Texas Commission on Environmental Quality, February
21, 2013 (approved by EPA on May 9, 2013).
11. 2014 Texas Integrated Report, Texas Commission on Environmental Quality,
February 21, 2013 (approved by EPA on May 9, 2013.
12. Development Document for Final Effluent Limitations Guidelines and
Standards for the Landfills Point Source Category, U.S. EPA Publication
Number EPA-821-R-99-019, January 2000.
13. Guidance Manual for Conditional No Exposure from stormwater Permitting
Based on ‘No Exposure’ of Industrial Activities to stormwater, U.S. EPA Office of
Water, Publication Number EPA 833-B-00-001, June, 2000.
14. Conditional No-Exposure Exclusion for stormwater Runoff: A Guide for
Industries Operating under the TPDES Multi-Sector General Permit,
TXR050000, TCEQ Small Business and Environmental Assistance Division,
Regulatory Guidance, RG-467, October 2013.
15. NPDES stormwater Program Question and Answer Document, Volume 1, U.S.
EPA, 1993.
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Data were analyzed by the type of pollutant for each group based on industry. Descriptive
statistics were conducted for the following parameters: count, median, range, minimum and
maximum values, standard error, standard deviation, kurtosis, skewness, quartiles and
outliers. Median was the parameter used for central tendency. The range or spread,
skewedness, kurtosis, quartiles and outliers were examined to further understand data
distribution. Data variability was described using standard error and standard deviation.
Interquartile range was calculated and used for determining minor and major outliers (using
a multiplier of 1.5 and 3 to the interquartile range, respectively). Outliers were not removed
from the dataset. Additionally this data was compared to the previous permit term data
analysis to examine the consistency of data over time and to see if temporal trends in the
data exist.
Summary of Results
Overall data are not distributed normally, data are variable and outliers are present. The
ranges of most datasets data were large, often due to extreme values (outliers). Distribution
lacked symmetry. Statistical tests comparing permit years were not conducted; although
data were graphed at both pollutant and sector level for better data visualization. There were
no data submitted for the six pollutants (antimony, beryllium, manganese, nickel, oil and
grease, and turbidity).
Of the 25 benchmark pollutants, changes were proposed for three (see Table 2). Ammonia-
Nitrogen is proposed to be lowered from 2.5 to 1.7 mg/L. Ammonia-Nitrogen is proposed to
being lowered to the near maximum value (second highest value). Biochemical Oxygen
Demand (BOD) is proposed to be lowered from 30 to 20 mg/L. The proposed BOD limit is
above both the median and mean values and well above the third quartile. Total Suspended
Solids is proposed to lower four Sector/SIC codes groupings from 100 to 50 mg/L (Sector A
– SIC Codes 2426-2499, Sector C – SIC Codes 2873-2879, Sector F – SIC Codes 3321-3325,
and Sector H – SIC Codes 1221-1241). This value is above all median values for these
grouping. A summary of data for each pollutant by industry sector and SIC code is provided
in Table 3.
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Table 1. Comparisons in percent differences between 2011 benchmarks, 2016 medians, and the
percent difference in 2016 median to 2011 benchmark.
Pollutant 2011 2016 Median-Benchmark
Type Benchmark Median % Diff
Aluminum, total 1.2 1.16 -3.3
Ammonia-Nitrogen 2.5 0.25 -90.0
Antimony, total 0.636 no data = 0.636 0.0
Arsenic, total 0.01** 0.01 0.0
Beryllium, total 0.13 no data = 0.13 0.0
BOD5 30 6.12 -79.6
Cadmium, total .001** 0.001 0.0
COD 60 56 -6.7
Copper, total 0.030 0.04 33.3
Cyanide, total 0.02 0.02 0.0
Iron, total 1.3 1.39 6.9
Lead, total 0.01 0.012 20.0
Magnesium, total 1.4 1.93 37.9
Manganese, total 1 no data = 1 0.0
Mercury, total 0.0002** 0.0002 0.0
Nickel, total 1.417 no data = 1.417 0.0
Nitrate + Nitrite
Nitrogen 0.68 0.62 -8.8
Oil & Grease 10 no data = 10 0.0
Phosphorus 1.25 0.86 -31.2
pH 6.0-9.0 S.U. 7.65 0.0
Selenium, total 0.01** 0.01 0.0
Silver, total 0.002** 0.002 0.0
TSS 50 or 100* 45.38 -9.2 or -54.6
Turbidity 5 NTU no data = 5 0.0
Zinc, total 0.16 0.173 8.1
*The TSS benchmark is 50 mg/L for portions of Sectors A (SIC 2411, 2421), C (2812-2819), E (3251-3259), and U (2041-
2048); and for all Sectors D, H, J O, Q, and AA in the 2011 MSGP.
**Sector G has different mg/L benchmark values (arsenic = 0.17 mg/L, Selenium = 0.05 mg/L, silver = 0.0318 mg/L
and mercury = 0.0019 mg/L for waste, rock, and overburden piles.)
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Table 2. Multi-Sector General Permit proposed changes to the 2011 benchmarks for the 2016
permit (bolded indicates change).
2011 2011 Sectors
Benchmark Required to 2016 Proposed Level and Sectors to
Pollutant Level Monitor Monitor (Justification of Change)
Aluminum, total C, E, F, H, M, N,
1.2 mg/L Q, AA 1.2 mg/L (no change in benchmark)
1.7 mg/L (All data points except for
one were lower than 1.7; therefore the
Ammonia-
near maximum level reported was
Nitrogen
established as the new benchmark
2.5 mg/L K, S level)
Antimony, total
0.636 mg/L G 0.636 mg/L (no change in benchmark)
Arsenic, total
0.01** mg/L A, K 0.01 mg/L (no change in benchmark)
Beryllium, total
0.13 mg/L G 0.13 mg/L (no change in benchmark)
20 mg/L (Lowered to value 20 mg/L
which above the third quartile (75%),
BOD5 median and average value. This value
is also the 30-day effluent limitation
30mg/L T used for domestic sewage)
Cadmium, total
.001** mg/L G,K 0.001 mg/L (no change in benchmark)
COD, total A, B, G, K, N, S, U,
60 mg/L AD 60 mg/L (no change in benchmark)
Copper, total
0.03 mg/L A, F, G, N 0.03 mg/L (no change in benchmark)
Cyanide, total
0.02 mg/L K 0.02 mg/L (no change in benchmark)
Iron, total C, E, F, H, L, M,
1.3 mg/L N, O, Q, AA 1.3 mg/L (no change in benchmark)
Lead, total
0.01 mg/L C, G, K, M, N, Q 0.01 mg/L (no change in benchmark)
Magnesium, total
1.4 mg/L K 1.4 mg/L (no change in benchmark)
Manganese, total
1 mg/L G 1 mg/L (no change in benchmark)
Mercury, total
0.0002* mg/L G, K 0.0002 mg/L (no change in benchmark)
Nickel, total 1.417 mg/L G 1.417 mg/L (no change in benchmark)
Nitrate +Nitrite
Nitrogen
0.68 mg/L C, G, J, U, AA 0.68 mg/L (no change in benchmark)
Oil & Grease 10 mg/L AD 10 mg/L (no change in benchmark)
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Table 3. Summary of benchmark monitoring data from 2011-2014 for each pollutant, sector, and
SIC code.
Pollutant Sector SIC Total Median Current (2011) Percent
Samples (mg/L) MSGP Benchmark deviation
(mg/L) from 2011
Benchmark
(mg/L)
Aluminum, C 2812-2819 117 1.153 1.2 -3.9
total E 3251-3259 12 5.5 1.2 358.3
E 3262-3269 0 - 1.2
F 3312-3317 25 1.57 1.2 30.8
F 3321-3325 45 1.074 1.2 -10.5
H 1221-1241 27 0.6 1.2 -50.0
M 5015 348 1.46025 1.2 21.7
N 5093 410 1.515 1.2 26.3
Q 4412-4499 87 0.892 1.2 -25.7
AA SIC 3411- 540 0.8924 1.2 -25.6
3499 (except
3479), and
3911-3915
Median of all samples 1612 1.16 1.2 -3.3
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