TCEQ adopts MSGP amendment; renewal process underway with proposed benchmark changes

TCEQ staff reported an amendment without renewal to the Multi‑Sector General Permit (MSGP, TXR00#####) was presented to the commissioners’ agenda and approved May 1 and made effective May 7. The amendment implements prior legislative changes that exclude certain facilities—such as quarries in the Nueces‑Stevenson Scenic Riverway—from obtaining MSGP coverage and expands applicability to include nonexempt stormwater discharges associated with crude oil and natural gas exploration, development and production.

Staff emphasized this amendment does not change the MSGP’s expiration date (Aug. 14) or existing remedies under the 2021 MSGP. Because of formatting issues with the table of contents, the division completed a technical endorsement to correct the amendment and anticipates providing an updated signed permit to stakeholders within the month.

Separately, staff said TCEQ has initiated the 2026 MSGP renewal (to address permit expiration) and is in the concept/development phase. TCEQ held a stakeholder meeting Nov. 6, 2024, and solicited comments through Nov. 28. On May 2025, the draft renewal was sent to EPA for a 90‑day review and is expected back by Aug. 19, 2025. Major proposed changes include moving large SIC/NAICS code tables from Part 2 to Appendix A for readability; updating to 2017 NAICS codes; adding a definition of high‑level radioactive waste and a prohibition on authorization for facilities licensed by the U.S. Nuclear Regulatory Commission for storage of such waste (to implement HB 4112); and six proposed changes to benchmark numeric levels based on data collected during the current permit term:

- Phosphorus (section C): 1.25 mg/L → 0.78 mg/L - Ammonia nitrogen (sectors K and S): 1.7 mg/L → 1.0 mg/L - Iron (sectors C, E–H, L, M–O, Q, AA): 1.3 mg/L → 1.0 mg/L - Cyanide (sector K): 0.02 mg/L → 0.01 mg/L - Nitrate/nitrite nitrogen (sectors C, G, J, U, AA): 0.68 mg/L → 0.6 mg/L - Zinc (sectors A, C, F, H, N, Q, Y, AA): 0.16 mg/L → 0.12 mg/L

Staff said the MSGP renewal will also reflect statutory changes from HB 4112 and HB 4112‑related provisions and is tentatively scheduled for public notice with a 30‑day comment period in January (tentative). Staff noted they will send a revised draft to EPA to include the changes tied to state legislation.