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TCEQ Reporting Requirements for Regulated Entities

Due to COVID-19 and reduced staff in the TCEQ workplace, TCEQ may exercise administrative relief and enforcement discretion for various reporting requirements by regulated entities. See below and visit this page for updates.

Point Source Emissions Inventory Reporting

Per 30 TAC Section 101.10(e), point source emissions inventories (EIs) are due March 31 or as directed by the commission.

Due to COVID-19 and reduced staff in the workplace, TCEQ will exercise enforcement discretion and consider 2019 point source EIs submitted on or before April 30, 2020 as timely received. The agency will consider additional enforcement discretion regarding this deadline as conditions warrant in response to COVID-19.

Please contact the Emissions Assessment Section helpline at 512-239-1773 or via email psinvent@tceq.texas.gov with any questions.

Mass Emissions Cap and Trade (MECT) and Highly Reactive Volatile Organic Compound Emissions Cap and Trade (HECT) Annual Compliance Reporting

Per 30 TAC Sections 101.359(a) and 101.400(a), relating to the Mass Emissions Cap and Trade (MECT) Program and Highly Reactive Volatile Organic Compound Emissions Cap and Trade (HECT) Program, respectively, annual compliance reports are due by March 31 after each control period.

Due to COVID-19 and reduced staff in the workplace, TCEQ will consider 2019 annual compliance reports submitted on or before April 30, 2020 as timely received. The agency will consider additional enforcement discretion regarding this deadline as conditions warrant in response to COVID-19.

Please contact the Emissions Banking and Trading Programs at ebt@tceq.texas.gov with any questions.

Air Permitting Public Notice Signage Requirements

The executive director may approve variations from the requirements of Title 30 Texas Administrative Code Section 39.604 as allowed in 30 TAC Section 39.604(d) if the applicant has demonstrated that it is not practical to comply with the specific requirements of the subsection and alternative sign posting plans proposed by the applicant are at least as effective in providing notice to the public.

To request a variance, please complete the new sign variance form Adobe Acrobat PDF Document and email to APDPNSIGN@TCEQ.Texas.Gov.

Annual Financial Assurance Inflation Updates

Many facility owners and operators have financial assurance updates due to TCEQ by March 30, especially those using the financial test and corporate guarantees whose fiscal year ends Dec. 31. Due to COVID-19 and reduced staff in the workplace, TCEQ will be exercising enforcement discretion regarding annual financial assurance inflation adjustments as follows:

  • Financial assurance inflation updates for any mechanism—including financial test/corporate guarantees—due on or before April 30 may be submitted by May 15.

Please note that these delay authorizations do NOT extend to financial assurance mechanisms provided to replace mechanisms for which cancellation notices have been provided by the mechanism providers (usually banks issuing letters of credit or surety companies issuing surety bonds). TCEQ intends to act in a timely manner to protect its financial assurance position in response to cancellation notices absent notice from the mechanism provider rescinding their cancellation notice.

Please email the agency’s Financial Assurance Unit at revenue@tceq.texas.gov with any questions.

Temporary Advisory for National Pollutant Discharge Elimination System (NPDES) Reporting

On March 26, 2020, EPA’s assistant administrator for Enforcement and Compliance Assurance issued a temporary policy titled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance ProgramExit the TCEQ.” The temporary policy explains that all entities subject to EPA requirements should make every effort to comply with these obligations. If compliance is not reasonably practicable, facilities with such obligations should act responsibly, document and maintain records of instances of noncompliance, and return to compliance as soon as practicable.

TCEQ is applying this policy to NetDMR users in the TPDES Reporting Program. If you and others at your permitted facility are unable to perform the required monitoring, sampling, and reporting due to the impacts of COVID-19, please use the No Data Indicator (“NODI”) code “Z – COVID-19” when reporting in NetDMR and include "COVID-19" in the comments. In addition, you will need to keep documentation explaining how COVID-19 is the cause of the noncompliance, as well as any related decisions and actions, including best efforts to comply and steps taken to come into compliance, at the earliest opportunity. 

If you have any questions related to reporting, TCEQ staff are available to you at NetDMR@tceq.texas.gov. Thank you all for the continued efforts to comply with your permit and other environmental regulations during this unprecedented time.

MS4 and MSGP Reporting

Per Texas Pollutant Discharge Elimination System (TPDES) stormwater individual and general permit requirements, the following Municipal Separate Storm Sewer System (MS4) and Multi-Sector General Permit (MSGP) reports are due during the months of March and April of each year for many permittees based on the requirements of the applicable permits:

  • Phase I (individual permit) MS4 Annual Reports
  • Phase II or Small (general permit) MS4, TXR04000, Annual Reports
  • Industrial Stormwater MSGP, TXR05000, Discharge Monitoring Reports (DMRs) and Benchmark Monitoring Reports (BMRs)

If you cannot submit the reports by the due date as a result of reduced staff in the workplace caused by COVID 19, you should document what caused the delay and maintain all records. The reports should be submitted as soon as practicable.  The agency will consider enforcement discretion as conditions warrant in response to COVID-19.

Please contact the Stormwater Team at 512-239-4671 or via email to SWGP@tceq.texas.gov with any questions.

Guidance for Stormwater Permit Requirements – Industrial, Construction, and Municipal

Orders issued by local or statewide officials, or the reduction of onsite personnel due to COVID-19, have the potential to limit the ability of Texas Pollutant Discharge Elimination System (TPDES) individual and general permittees to meet stormwater permit requirements.

TCEQ expects all permittees to meet permit requirements.  However, if you cannot meet the requirements due to local orders or reduction of onsite personnel, document what caused the requirements not to be met and keep this documentation onsite as an official record, which will be reviewed during the next TCEQ investigation.

If you as the permittee become aware of issues that present an immediate threat to human health or the environment, you must take immediate corrective action. For guidance specific to required reporting, please see: Temporary Advisory for National Pollutant Discharge Elimination System (NPDES) Reporting and MS4 and MSGP Reporting on this page.

Please contact the Stormwater Team at 512-239-4671 or via email to SWGP@tceq.texas.gov with any stormwater-related questions about documentation requirements or other issues.