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TCEQ holds stakeholder meeting on preliminary changes to 2028 Construction General Permit
Summary
TCEQ staff presented preliminary proposals for the 2028 Construction General Permit, including clearer definitions for dewatering and support activities, a measurable final‑stabilization bare‑area threshold, SWIP signatory certification, biodegradable BMP guidance 'where feasible', and procedural edits; staff requested comments by June 23, 2026.
The Texas Commission on Environmental Quality held a stakeholder meeting to present preliminary proposed changes to the 2028 Construction General Permit and to seek public feedback, agency staff said.
Rebecca Vialva, team leader of the storm water permits team in TCEQ's water quality division, opened the session and told attendees the agency was in an informal stakeholder stage and would accept written comments during a two‑week period. "We will happily accept them here. But you also have a two week comment period after today's date to submit anything else in writing," she said.
Why it matters: The construction CGP regulates storm water discharges from construction activities across Texas. Vialva told participants the permit must be renewed before it expires on March 5, 2028, and explained the multi‑stage renewal process, including a 90‑day EPA review and later a 30‑day formal public comment period; TCEQ staff said they aim to avoid a lapse that would prevent new construction authorizations.
What staff proposed: Benjamin Dixon, project manager for the CGP renewal, reviewed a set of preliminary, draft changes intended to improve clarity and, in some cases, align the state permit with elements of the EPA CGP. Major proposals staff presented include:
- Definitions: explicitly add "excavations" to dewatering examples and add a definition for storm water associated with construction support activities; qualify concrete and asphalt batch plants as "temporary" when eligible as support activities.
- Final stabilization: define "large bare areas" as patches greater than 10 square feet and propose requiring native or adapted vegetation for revegetation; staff also proposed removing a duplicative subsection addressing homeowner transfer because transfer of operational control is covered elsewhere.
- SWIP signatory and documentation: require SWIP certification in accordance with 30 TAC 305.128 (delegation options are available under that rule), and add an acknowledgement statement in the SWIP about Endangered Species Act limits where applicable.
- Termination and NOTs: remove the option to delay removal of temporary controls on a SWIP‑defined schedule and instead require either removal of all temporary controls or transfer of operational control before termination; staff solicited ideas to increase submission of Notices of Termination (NOTs), noting many authorizations simply expire.
- Erosion controls and materials: propose encouraging or requiring biodegradable erosion and sediment control materials "where feasible," with operators documenting reasons when such materials are infeasible.
- Administrative and form changes: add a consolidated inspection and evaluation part to the permit (which will shift subsequent numbering), update construction site notice forms to include certification language verbatim from 30 TAC 305.44, add primary/secondary check boxes on small site notices, and fix non‑substantive formatting or cross‑reference errors.
Public input and next steps: The meeting included an extended public comment period and a lengthy Q&A. Stakeholders raised implementation concerns and suggested alternatives on topics such as biodegradable BMP feasibility, incentive mechanisms for NOT submission, timing and practicality of dewatering inspections, and how to document maintenance timelines. Staff said all comments will be considered as they finalize the draft; the informal stakeholder comment deadline announced in the meeting was Tuesday, June 23, 2026. Materials and a webcast transcript will be posted on the TCEQ stormwater stakeholders web page.
What to watch for: TCEQ staff said they will review the EPA draft 2027 CGP when available; rule‑based EPA changes are likely to be incorporated, while non‑rule changes will be considered on their merits. The agency also signaled possible development of a separate regulatory guidance document on the "common plan of development" to reduce recurring confusion, but said that guidance would be separate from the official permit package and might not be ready at renewal.
The agency asked stakeholders to include precise citations and real‑world examples in written comments to help staff evaluate tradeoffs and feasible implementation paths.
