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Renewal of the Small (Phase II) Municipal Separate Storm Sewer System (MS4) General Permit, TXR040000

Aug. 2018 - The Texas Commission on Environmental Quality is in the process of renewing the 2013 Texas Pollution Discharge Elimination System (TPDES) general permit for small MS4s, TXR040000, which expires on December 13, 2018.

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The Small MS4 General Permit authorizes the discharge of stormwater to surface water from small MS4s in the state.

Stakeholders will have the opportunity to comment on the proposed draft permit during the public comment period, from August 24, 2018 through September 24, 2018. During that time, comments may be submitted by mail to the Office of the Chief Clerk, MC 105, TCEQ, P.O. BOX 13087, Austin, TX 78711-3087; or electronically to the Office of the Chief Clerk with the subject title “Phase II MS4 2018 Renewal.”

A public meeting will be held on September 24, 2018, at 1:30 p.m. at the TCEQ Park 35 Campus, Bldg. E, Room 201S Agenda Room.

A public notice will be published in the Texas Register, as well as fourteen newspapers across the state. The draft permit and fact sheet will be available online starting August 24, 2018.

Significant changes to the general permit include:

  • Electronic submittal of application and reports will be required by December 21, 2020;
  • Minimum Control Measure 7, authorization of construction activities where the small MS4 is the site operator, has a lower benchmark value for total suspended solids (TSS) from 100 mg/L to 50 mg/L;
  • The definition of construction activity is revised to include stockpiling of fill material and demolition;
  • Implementation of the MS4 Remand Rule, which modifies the permit language so it becomes clear, specific, and measurable;
  • A requirement for the MS4 to post its annual reports and the SWMP on its website, if the MS4 has one;
  • Addition of a public notice process for certain Notice of Changes;
  • Level 4 MS4s (MS4s serving a population of more than 100,000) must control the discharge of floatables in the MS4s and evaluate new and existing flood management projects to determine their impact on water quality; and
  • The application fee will now be $400 instead of $100.

PLEASE NOTE: Permittees with current (active) authorizations should not attempt to renew their authorization before the new permit has been issued and made effective on December 13, 2018. Permittees with current authorizations will have a 180-day grace period to renew their authorizations starting on the date the new permit becomes effective.