2016 MSGP for Industrial Facilities in Texas Expiring Soon

On August 14, 2021 the current Texas Pollutant Discharge Elimination System Multi-Sector General Permit (MSGP) will be expiring. The Texas Commission on Environmental Quality (TCEQ) will be issuing a new MSGP in August 2021 for the upcoming 5 year term (2021-2026) that establishes new and updated regulations for the industrial sectors.

What Does This Mean?

Existing industrial facilities currently permitted under the MSGP have 90 days following the issuance of the new 2021 MSGP by TCEQ to:

• Update their facility Stormwater Pollution Prevention Plans (SWPPP) in accordance with the new 2021 MSGP
• Submit a renewal Notice of Intent (NOI) to extend their continued coverage under the new 2021 MSGP
• Submit a NOI if a prior condition of “no exposure” no longer exists for the facility as a result of changes in industrial activities or operations previously permitted under a No Exposure Certification (NEC)
• Submit a new NEC if current operations have no exposure of industrial materials or activities to precipitation or stormwater runoff. This includes for prior NEC authorized facilities and those with recent changes in activities or materials that now qualify for a NEC
• Submit a Notice of Termination (NOT) if your facility no longer requires MSGP coverage to avoid being considered “active” and being assessed an annual fee for Fiscal Year 2022

New industrial facilities must implement a SWPPP and submit a NOI (or NEC, if applicable) under the new 2021 MSGP immediately prior to commencement of the industrial activity; there is no grace period for new industrial facilities that were not previously covered by the 2016 MSGP.

New operators must obtain new coverage as MSGP coverages are not transferred between prior operators and new operators. The new operator must submit a NOI or NEC at least 10 days before the change in operators occurs. The former operator must submit a NOT at least 10 days before the change in operators occurs.

SWCA Can Help

Our Certified Stormwater Planners have been tracking the progress of the MSGP renewal and are familiar with the changes in regulations being proposed under the Draft 2021 MSGP. We can help get your existing SWPPP updated to meet the revised permit terms and submit the renewal NOI, NEC, or NOT all within the 90-day timeline, including:

• Determining your facility’s obligations under the new 2021 MSGP
• Developing a SWPPP for your facility, if needed
• Submitting a NOI or NEC to ensure your facility’s compliance with the new 2021 MSGP

Contact Us

SWCA can answer questions and help you understand what this change means for your facility. Contact your SWCA project manager.