TCEQ updates multi‑sector stormwater permit: amendment set for May 1; renewal on a separate track
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Summary
Staff described a May 1, 2025 proposed amendment to the state MSGP to implement recent statutes and expand applicability to certain oil‑and‑gas activities; a separate MSGP renewal for 2026 was also previewed with proposed changes and lowered benchmark values for several sectors.
TCEQ staff told the advisory work group they plan to present an amended Multi‑Sector General Permit (MSGP) to the commission and are separately developing the 2026 MSGP renewal with multiple technical changes.
Hannah Cobos, a stormwater permit writer, said the 2025 amendment to the MSGP (TXR‑050000) is an amendment without renewal. The amendment implements House Bill 2771 (effective Jan. 15, 2021) to expand applicability to certain non‑exempt oil‑and‑gas activities and implements House Bill 1688 (effective Sept. 1, 2023) to prohibit quarries located in designated water‑quality protection areas from obtaining MSGP coverage. Cobos said operators with active authorizations under the current MSGP will not be required to submit new or renewal notices of intent and may continue discharging under existing terms.
Cobos said TCEQ sent the draft amendment to EPA for review on April 2, 2024 and received EPA approval on June 3, 2024; she reported that no public comments were received during the 30‑day notice period. She said the commission agenda item to adopt the amended permit is scheduled for May 1, 2025.
Jesse Gresalamia, another stormwater permit writer, described a separate 2026 MSGP renewal (expiration date Aug. 14, 2026) that is in early development. Proposed renewals and clarifications include: moving SIC/NAICS tables to an appendix for readability; adding a definition for high‑level radioactive waste and a prohibition on authorizations for facilities licensed by the U.S. Nuclear Regulatory Commission under 10 CFR part 72; allowing electronic retention of SWP3/SWIPs consistent with the construction general permit; and clarifying application and submission requirements for MS4s receiving discharges.
Notable numeric changes proposed for the renewal (benchmark levels) - Phosphorus (Sector C): 1.25 mg/L → 0.78 mg/L - Ammonia nitrogen (Sectors K, 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 - Nitrite nitrogen (Sectors C, G, J, U, AA): 0.68 mg/L → 0.60 mg/L - Zinc (Sectors A, C, F, H, N, Q, Y, AA): 0.16 mg/L → 0.12 mg/L
Why it matters: the amendment will extend MSGP applicability to certain oil‑and‑gas stormwater discharges and will remove quarry coverage within specified water‑quality protection areas, while the renewal will update technical requirements and monitoring benchmarks across multiple industrial sectors.
Stakeholder process and timing - Staff reported the MSGP amendment went to EPA review and received approval; the amendment is scheduled for the May 1, 2025 commission agenda. - The 2026 MSGP renewal is in concept development; TCEQ held a stakeholder meeting Nov. 6, 2024 and received comments from eight stakeholders; a tentative public comment period is planned for Dec. 2025. - Staff said they will accept follow‑up questions by email to the SWGP proxy inbox (swgp@tceq.texas.gov).
Ending: Staff asked participants to submit detailed questions by email and said they would continue stakeholder engagement as the renewal drafts advance.
