Skip to Content
Questions or Comments:

Delayed Renewal for Phase II (Small) Municipal Separate Storm Sewer Systems (MS4s) General Permit

January 2024—The Texas Commission on Environmental Quality (TCEQ) has delayed the renewal of the Texas Pollution Discharge Elimination System (TPDES) general permit for small MS4s, TXR040000, until August 2024.

The MS4 general permit was originally set to renew on Jan. 24, 2024, but because of delays encountered while developing the new Net-MS4 electronic system, TCEQ is delaying the renewal of this general permit until August 2024. TCEQ wants to ensure that the Net-MS4 electronic system is available when the renewal permit is issued, since under the renewed permit, applications and annual reports will need to be submitted in Net-MS4. Small MS4 operators can apply for permit coverage under the renewed permit beginning August 2024.

Existing Small MS4 Operators

Current permittees will be granted administrative continuance of their authorization until the renewal permit is issued in August 2024. Please note, TCEQ is unable to review and approve Notices of Change during this time. Under administrative continuance, small MS4 operators must continue to implement their most recent TCEQ-approved Stormwater Management Program. Existing small MS4 operators must also submit their Year 5 annual report to comply with the 2019 general permit.

The Year 5 reporting periods for each reporting year option are as follows:

  • Calendar Year – Jan. 1, 2023 to Dec. 31, 2023
  • Permit Year – Jan. 24, 2023 to Jan. 23, 2024
  • Fiscal Year* – Dependent on the permittee’s fiscal year. For example, a fiscal year of Oct. 1, 2022 to Sept. 30, 2023.

*Permittees using the fiscal year for their annual report should ensure their reporting year ends on or before Jan. 23, 2024.

Once the general permit has been renewed, TCEQ will provide guidance on Year 1 annual report submittal time frames.

New Small MS4 Operators

TCEQ is currently identifying newly regulated small MS4 operators using 2020 census information. New small MS4 operators will not be able to submit an application for coverage until the renewal general permit is issued in August 2024. We plan to send letters to identified operators with more information about the need to apply under the 2024 general permit.


Visit our Assistance Tools for Municipal Separate Storm Sewer Systems (MS4s) webpage for more resources about MS4s. If you have more questions, please contact the Small Business and Local Government Assistance program at or 1-800-447-2827.