Common Mistakes in Environmental Permitting for Manufacturing Facilities

Have you had a recent transfer of ownership, a merger or an acquisition? Have you recently upgraded or modified your operations procedures? If so, it is essential to keep up with environmental permitting for manufacturing facilities to avoid receiving violations from the Texas regulatory agencies. The Texas Commission on Environmental Quality (TCEQ) aims to conduct regular site inspections to ensure compliance with the applicable environmental regulations. The TCEQ can also anonymously audit/inspect facilities based on complaints received from former disgruntled employees or neighbors. In addition, any previous violations occurred prior to the acquisition of the property may be transferable. For over a decade ESE Partners has assisted clients with the reviewing and revising of regulatory reports, many of which contained several of these commonly overlooked or mishandled environmental regulations in environmental permitting for manufacturing facilities:

Ten mistakes in environmental permitting for manufacturing facilities: 

1. Air Permitting 

  • Lack of permits
  • Inadequate record keeping
  • Incorrect registrations

2. Stormwater Permitting

  • Lack of Stormwater Pollution Prevention Plan (SWPPP) or registration with the TCEQ
  • Failure to update the stormwater plan or renew the registration with the renewed permit issued in 2016 Classified under incorrect or insufficient SIC code
  • No monitoring, reporting or record keeping requirements being met
  • Inadequate site map, process descriptions, BMPs, and pollution prevention controls

3. Wastewater 

  • Industrial wastewater discharge to the stormwater drains without treatment of obtaining a permit
  • No monitoring, reporting or record keeping as required by the permit
  • Lack of knowledge about illicit discharges

4. Tier II Reporting

  • Failure to register with the TCEQ, LEPCs or the fire departments
  • Insufficient information submitted to state
  • Initial or annual reports not submitted in a timely manner

5. TRI Reporting

  • No or inadequate reports submitted to the TCEQ
  • Incorrect emission calculations

6. SPCC Plans

  • Lack of SPCC plans for facilities storing greater than 1,320 gallons of above ground or 42,000 gallons of underground oil
  • No monitoring, reporting or record keeping requirements being met

7. RCRA Waste

  • Failure to register with the TCEQ
  • Inadequate waste classification
  • No updates due to change in the facility process
  • Failure to submit annual waste summary

8. Greenhouse Gas (GHGs) Compliance 

  • Failure to estimate and/or report the annual GHG emissions from the facility

9. Petroleum Storage Tanks

  • Failure to register the PST with the TCEQ

10. Mass Emission Cap & Trade Compliance

  • Failure to evaluate the applicability of the rule for the facilities located in Houston, Galveston and Brazoria (HGB) areas

 

Check out what services ESE can provide in regards to environmental permitting for manufacturing facilities.

Click here to see checklists that were developed to assist TCEQ staff in preparing for and conducting investigations related to specific rules, regulations, and permits.

 


ESE’s compliance team delivers expert compliance related services, in a world of ever-changing environmental regulations. Through experience, licensing and continued education, we are an invaluable resource to those responsible for the environmental compliance of a facility. This assistance is delivered through the services of permitting, auditing and inspection of facility operations which are regulated by environmental statutes, policies, and regulations.