Questions or Comments:

Stormwater General Permit for Construction Activities

Stormwater permit requirements for the discharge of stormwater associated with construction activities that disturb one (1) or more acres of soil.

HOTUPDATEAmendment to the Construction General Permit (CGP) TXR150000

The TCEQ initiated an amendment without renewal to the 2018 CGP to expand the applicability for non-exempt oil and gas construction activities in response to the recent transfer of state and federal regulatory authorityAdobe Acrobat PDF Document to TCEQ for discharges associated with oil and gas exploration, production, processing, or treatment operations, or transmission facilities. This renewal without amendment will not impact existing permittees with an authorization under the TCEQ issued 2018 CGP.

The proposed amended permitAdobe Acrobat PDF Document and factsheetAdobe Acrobat PDF Document were published in the Texas Register and Houston Chronicle newspaper for public comment on September 24, 2021 and comments were received until October 25, 2021. The Executive Director’s Response to Comment Document will be made available on the date of issuance of the amended permit.

TCEQ is scheduled to go before the Commission on January 26, 2022 for adoption of the final amended general permit. You will have the opportunity to review the proposed amended CGP and Executive Director’s Response to Comments document as part of the Commissioners’ Agenda back-up documents for the January 26, 2022 agenda date. The back-up documents are typically posted two weeks before the agenda date but at least 8 days before. The documents will be made available on the Commissioners’ Agendas webpage at that time.

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HOTUPDATE2023 Renewal of the CGP, TXR150000

TCEQ has started the renewal process for the current CGP which expires on March 5, 2023. This renewal is separate from the amendment to the CGP to address stormwater discharges from construction activities associated with oil and gas facilities. The TCEQ has scheduled a stakeholder meeting to discuss the renewal of the CGP on October 21, 2021. For more information about the stakeholder meeting, visit the Stormwater Stakeholder Group webpage.

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2018 CGP TXR150000

The TCEQ has issued the 2018 Construction General Permit (CGP) TXR150000. Construction activities are regulated under the CGP if they discharge stormwater to any surface water in the state and disturb an acre or more of soil.

2018 CGP Documents:

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Stormwater Requirements for Construction Activities

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Stormwater Pollution Prevention Plan (SWP3)

The CGP requires construction site operators to develop a Stormwater Pollution Prevention Plan (SWP3) prior to commencing construction.

An SWP3 is a document that outlines construction plans and best management practices (BMPs) to control pollutants that may be discharged in stormwater runoff. Small Business and Local Government Assistance (SBLGA) has developed templates to help you develop your SWP3.

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Waivers for Small Construction Activities

Low Potential for Erosion
You may be automatically authorized under this general permit if your construction activity occurs during periods of low potential for erosion.

Low Rainfall Erosivity Waiver
You may be eligible for this waiver if your construction activity has a low potential to wash away soil, as determined using the erosivity factor.

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Stay in Compliance

Construction Industry Compliance AssistanceExit the TCEQ
Explanations of environmental rules for the construction industry.

Additional Guidance and Quick Links: Construction Activities
Links to documents associated with construction stormwater activities.

State and Federal Rules for Stormwater Discharges from Construction Activities
Rules in the Texas Administrative code, the Texas Water Code, and the Code of Federal Regulations affecting stormwater discharges from construction activities.

TCEQ’s Small Business and Local Government Assistance Program has developed several guidance documents for the construction community, including SWP3 worksheets, guidance document for primary and secondary operators, and frequently asked questions.

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