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You are here: Home / Permits, Registrations, and Reporting / Stormwater Permits / Municipal Separate Storm Sewer Systems / Stormwater Permitting Requirements for Phase II (Small) MS4s

Stormwater Permitting Requirements for Phase II (Small) MS4s

Authorization options, control measures required, annual reporting requirements, and links to best management practices for operators of Phase II MS4s.

Stormwater Management Program

If you operate a regulated small municipal separate storm sewer system (MS4), then you must develop and submit to the TCEQ, a stormwater management program (SWMP) that includes at least these six control measures:

  • public education and outreach

  • public involvement or participation

  • detection and elimination of illicit discharges

  • controls for stormwater runoff from construction sites

  • post-construction stormwater management in areas of new development and redevelopment

  • pollution prevention and “good housekeeping” measures for municipal operations

These measures must be developed by identifying and applying best management practices (BMPs). See the EPA’s “Menu of BMPsExit the TCEQ for examples and guidance. (Depending on the rainfall conditions and topography in your area, some of these BMPs might have to be adapted to your local situation.)

The deadline to apply for coverage was February 11, 2008.

EPA MS4 Permit Improvement Guide

On April 14, 2010, the U.S. EPA adopted the MS4 Permit Improvement Guide Adobe Acrobat PDF Document Exit the TCEQ. 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 intends to review this document to determine the extent to which the recommendations in this document will be incorporated into the TPDES MS4 permits.

The TPDES general permit for small MS4s expires on August 13, 2012, and the TCEQ expects to reissue the permit on or before that date. TCEQ will review the guidance document during the renewal process to determine the extent to include specific recommendations from this guide.

Effluent Limits for Construction

On December 1, 2009, the U.S. Environmental Protection Agency (EPA) published effluent limitations guidelines Exit the TCEQ (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants from construction sites, 40 CFR Part 450 Exit the TCEQ. The regulation was effective on February 1, 010. After this date, all permits issued by EPA or states must incorporate the final rule requirements.

The TPDES Small MS4 General Permit TXR040000, includes an optional 7th minimum control measure for the permitted MS4 operator to include all of the municipal construction activities for which is a regulated operator into its MS4 authorization. The general permit will be reissued on or before August 13, 2012, and the effluent limits described in this rule (40 CFR 450) will be incorporated into the reissued permit for the 7th MCM.

According to the ELGs, all construction sites that are currently required to obtain permit coverage must implement a range of erosion and sediment controls and pollution prevention measures.

The ELGs also include a numeric effluent limit for turbidity of 280 NTU (nephelometric turbidity units) for certain large sites; however, this effluent limit may be reconsidered by the EPA. According to the ELGs, beginning on August 1, 2011 all sites that disturb 20 or more acres of land at one time would be required to comply with the turbidity limitation. On February 2, 2014 the limitation would apply to all construction sites disturbing 10 or more acres of land at one time. The applicable effluent limit in the final ELGs will be incorporated into the small MS4 general permit upon reissuance in 2012.

TCEQ is also adopting 40 CFR Part 450 by reference into state rules at 30 TAC §305.541 Exit the TCEQ, Effluent Guidelines and Standards for TPDES Permits. For additional information, see our rules.

General Permit Issued

General Permit TXR040000 (PDF Adobe Acrobat PDF Document) was signed and made effective on August 13, 2007, and authorizes the discharge of storm water from certain small MS4s.


Notice of Intent Adobe Acrobat PDF Document (NOI) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000)

Notice of Change Adobe Acrobat PDF Document (NOC) to an Authorization for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000)

Notice of Termination Adobe Acrobat PDF Document (NOT) of coverage under TPDES General Permit Number TXR040000.

Annual Report

All MS4 operators authorized under TPDES General Permit TXR040000 must submit an annual report within 90 days of the end of each permit year. The second permit year began on August 13, 2008 and ended on August 13, 2009. The deadline for submitting the Year 2 annual report is November 12, 2009. The annual report must include information such as the status of compliance with permit conditions, an assessment of the appropriateness of best management practices (BMPs), a description of progress towards reducing the discharge of pollutants to the maximum extent practicable (MEP), the measurable goals for each of the minimum control measures (MCM), and an evaluation of the program's progress. We strongly encourage permittees to utilize the MS4 Annual Report Template that was developed by the TCEQ Small Business and Local Government Assistance program.

Year 1 annual reports were due on November 12, 2008. TCEQ staff performed administrative reviews of these reports using an internal review checklist Microsoft Word Document, and this checklist was being mailed to each operator who submitted a report. Unless specifically requested, no additional information needs to be submitted to complete the Year 1 reports, but any missing items must be included in the Year 2 report. Year 1 reports must be submitted as soon as possible if they have not already been submitted.

If permittees are participating in a shared SWMP, then they must contribute to a system-wide annual report. Each permittee must sign the report, but only one report must be submitted.

If any changes to the SWMP are proposed, then a notice of change Adobe Acrobat PDF Document (NOC) form must also be submitted. The NOC form must be submitted to the address shown on the NOC form, and must be submitted separately from the annual report.

The annual report must be submitted to the TCEQ’s Stormwater and Pretreatment Team at the address below.

Stormwater and Pretreatment Team Leader
TCEQ Water Quality Division
P.O. Box 13087
Austin, Texas 78711-3087

In addition, a copy of the annual report must be submitted to the appropriate TCEQ regional office.

Contact us if you need more information about this general permit.