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TCEQ proceeds with MSGP amendment to include oil-and-gas discharges, plans 2026 renewal with several benchmark changes

2621776 · February 28, 2025
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Summary

TCEQ is finalizing an amendment to the Multi-Sector General Permit (MSGP) to add certain oil-and-gas stormwater discharges and to exclude quarries in a designated scenic riverway; a separate 2026 renewal will adjust monitoring benchmarks and administrative elements.

TCEQ staff briefed stakeholders on two linked items: an amendment without renewal to the Multi-Sector General Permit (MSGP, TXR050000) that addresses statutory changes and a separate MSGP renewal process scheduled for 2026 that proposes monitoring-benchmark updates.

Hannah Cobos, a stormwater permit writer, said the amendment (TXR050000) will (1) prohibit quarries located within the Coke Stephenson Scenic Riverway from obtaining MSGP coverage and (2) expand applicability to include nonexempt stormwater discharges from oil-and-gas exploration, development and production following House Bill 2771. She said EPA reviewed the draft in April 2024 and approved it on June 20, 2024 with no comments; TCEQ published public notice Oct. 11, 2024 and received no comments. The agency tentatively scheduled adoption for May 1, 2025. Hannah said existing permittees under the 2021 MSGP would continue under the current terms and only operators authorized under EPA's MSGP would need to obtain TCEQ authorization within 90 days of the amended permit's effective date.

Separately, Jesse Guedes Alameda said TCEQ has initiated the 2026 renewal (to address the permit's expiration Aug. 14, 2026) and is in the concept-development phase. Proposed changes include moving the SIC-sector table to an appendix, clarifying notification requirements, and adjusting several benchmark monitoring levels: phosphorus proposed to be lowered from 1.25 mg/L to 0.78 mg/L; ammonia for sectors K and S from 1.7 to 1.0 mg/L; iron from 1.3 to 1.0 mg/L; cyanide from 0.02 to 0.01 mg/L; nitrate+nitrite nitrogen from 0.68 to 0.6 mg/L; and zinc from 0.16 to 0.12 mg/L.

PFAS questions: in response to a question about recent EPA drafts that would require PFAS monitoring, Rebecca Villalba said, "At this time, we are not proposing to follow suit," and later clarified TCEQ typically adopts changes required by rule rather than mirroring all EPA MSGP provisions.

Discussion vs. decision: staff presented the amendment and renewal plan and answered stakeholder questions; no rule adoption occurred during the meeting.

Ending: staff encouraged stakeholders to watch upcoming stakeholder meetings and to monitor the commissioner's agenda for the tentative May 1, 2025 adoption.