Texas MSGP Renewal: What Texas Facilities Should Expect

Across Texas, facilities obtain industrial stormwater coverage via the Texas Commission on Environmental Quality’s (TCEQ) Multi-Sector General Permit (MSGP). Stormwater issues are often visible to regulators and nearby communities, and non-compliance can create both enforcement and reputational risks. The current MSGP expires on August 14, 2026, which prompted TCEQ to begin the renewal process. The draft 2026 MSGP was released for public notice on November 14, 2025, after which TCEQ received public comments during the statutory 30-day period. The renewal process allows TCEQ an opportunity to clarify expectations and align portions of the permit with recent United States Environmental Protection Agency (U.S. EPA) trends. Once TCEQ processes the public comments received, it will develop the final permit, which is expected to become effective when the current MSGP expires, although the existing permit may be administratively extended until the new MSGP is finalized and issued.

Anticipated Changes

TCEQ is proposing updates that are largely clarifications. However, several updates have compliance implications, such as administrative updates, application/reporting clarifications, and proposed benchmark reductions.

• Administrative Updates
  • TCEQ is proposing several administrative updates intended to improve clarity and modernize the permit. These include updating North American Industry Classification System (NAICS) codes to reflect 2022 revisions issued through the U.S. Census Bureau-led NAICS process, clarifying allowable non-stormwater discharges such as emergency fire-fighting activities, and modernizing statutory references and electronic reporting language.
  • The renewal also allows facilities to maintain electronic Stormwater Pollution Prevention Plans (SWPPP) and clarifies that permit applications must be submitted to any Municipal Separate Storm Sewer System (MS4) that receives discharges from the site, even if the MS4 is not regulated by TCEQ.
• Application and Reporting Clarifications
  • The Notice of Intent (NOI) will now require facilities to provide latitude and longitude of the facility, ensuring more precise site identification.
  • The Notice of Change (NOC) form will include clearer guidance for documenting legal or permitted site name changes.
  • In addition, publicly owned facilities such as schools, universities, and military installations that conduct industrial-type activities may be expected to obtain MSGP coverage, reflecting TCEQ’s effort to ensure consistent permitting across similar operations.
• Monitoring and Benchmarks
  • TCEQ also proposes benchmark reductions for several pollutants, including phosphorus, iron, zinc, ammonia-nitrogen, nitrate-nitrite nitrogen, and cyanide across selected sectors. Lower benchmark thresholds may result in new benchmark exceedances at some facilities where none existed before, increasing the risk of future non-compliance and the need to implement corrective actions.

What Should Facilities Do Now?

Now is an appropriate time to take a fresh look at both current and historical stormwater compliance at your facility. Review monitoring data to identify pollutants approaching the lower benchmarks and confirm that NAICS codes and facility classifications are correct. Under the renewed permit, facilities subject to benchmark monitoring will conduct sampling for at least the first two years of the permit term, even if a benchmark monitoring waiver was applied during the final two years of the current permit. When combined with lower benchmark thresholds, this change increases the likelihood of new benchmark exceedances for some facilities. Confirm that the SWPPP is current and evaluate whether maintaining an electronic version aligns with site practices. Confirm whether the facility discharges to impaired receiving waters and identify all associated monitoring and reporting requirements, as this continues to be a frequent source of non-compliance. Facilities should also be prepared to renew permit coverage shortly after the new MSGP is issued, as facilities wishing to continue authorization will need to submit a new NOI and complete any related renewal steps within the required timeframe to maintain uninterrupted coverage.

Early planning helps reduce compliance risk as the renewed permit takes effect. Facilities should review historical stormwater results to evaluate whether the revised benchmarks and renewed monitoring requirements are likely to trigger additional implementation measures or require follow-up corrective actions.

How ALL4 Can Help

At ALL4, our Water Tech Team follows MSGP developments in Texas and nationwide and can help evaluate benchmark risks, update your facility’s SWPPP, review renewal readiness, and support you during the permit review and comment process. If you have questions about how the Texas MSGP renewal may affect your facility, please contact Molly Vaziri at mvaziri@all4inc.com, 281-201-1243 or Cody Fridley at CFridley@all4inc.com, (269) 716-6537.