General Permit TXR040000 for Phase II (Small) MS4s
We are in the process of renewing this general permit, which expired August 12, 2012. A notice of intent to renew the general permit was published in the Texas Register on April 13, 2012, to allow administrative continuance of coverage to currently regulated Phase II MS4 entities.
The comment period for this general permit renewal ended with the September 24, 2012 public meeting. Please see the Phase II MS4 General Permit that was available during the 30-day public comment period.
The proposed Small MS4 General Permit, TPDES Permit No. TRX040000, is set for adoption on the Commissioner’s Agenda scheduled for December 11, 2013. It is expected that the adopted new Small MS4 General Permit will be effective shortly thereafter. Once the Small MS4 General Permit is effective, all regulated entities (new and existing) will have 180 days to apply for coverage under the general permit. Each regulated entity must submit a Notice of Intent (NOI) and a new or revised (for existing regulated entities) Stormwater Management Program (SWMP).
Submittals of the NOIs and associated SWMPs will not be accepted until the effective date of the new general permit. However, it is strongly encouraged that regulated entities begin developing or revising their SWMP. Revised forms for applying for coverage under the re-issued permit will be available on the day that the general permit becomes effective. The previous NOI and Waiver forms are no longer valid.
The TCEQ stormwater webpages will be updated as soon as the permit has been issued. TCEQ is in the process of identifying newly regulated MS4 entities based on the 2010 U.S. Census. A letter will be sent to the entities that TCEQ has identified as new regulated small MS4s. However, it is the responsibility of the regulated entities to obtain permit coverage regardless if they do not receive a letter.
If you would like to follow the process of renewing this permit, please access historical information at the Stormwater Stakeholders Group (SWSG) webpage.
2007 TPDES General Permit TXR040000
TPDES General Permit TXR040000 (PDF or Word) was issued and effective on August 13, 2007, and authorizes the discharge of stormwater to surface water in the state from small municipal separate storm sewer systems (MS4s).
The Executive Director’s Response to Public Comment was published in the August 24, 2007 edition of the Texas Register. Additional information on the requirements of the general permit is also available in the Fact Sheet and Executive Director’s Preliminary Decision on the general permit.
EPA MS4 Permit Improvement Guide
On April 14, 2010, the U.S. EPA adopted the MS4 Permit Improvement Guide The primary purpose of this guidance document is to assist permit writers at EPA and the states in strengthening Phase I and Phase II MS4 permits.
During the renewal of each individual Phase I permit, as well as during the Phase II general permit (TXR040000), the TCEQ reviewed this document to determine the extent to which the recommendations in this document could be incorporated into the TPDES MS4 permits.
Phase I: Individual MS4 permits are processed for renewal as they are received, with most applications submitted in late 2010 and 2011. Renewed Phase I MS4 permits include additional minimum control measures from the Phase II regulations where appropriate. For specific questions on your permit conditions, please contact the Stormwater and Pretreatment Team.
Phase II: The TPDES general permit for small MS4s expires on August 13, 2012, and the TCEQ will reissue the permit later than the expiration date. TCEQ reviewed the guidance document during the renewal process to determine the extent to include specific recommendations from this guide.
The existing Phase II Small MS4 general permit has been administratively continued until the new permit is issued. Until such date, existing regulated MS4 entities are required to continue to operate under the existing permit, implement their approved SWMP, and comply with all reporting requirements.
Since the new general permit was not issued by the end of the reporting period (August 12, 2013), the annual report will still be due by November 12, 2013.
Notice of Intent (NOI) for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000)
Notice of Change (NOC) to an Authorization for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000)
Waiver Certification Form is required to request a waiver for a regulated small MS4 that serves a population of less than 1,000 within an urbanized area (UA).
Contact us if you have any questions about this general permit.