Skip to Content
Questions or Comments:

Update: Meeting and Extended Public Comment on the General Permit for the Phase II (Small) Municipal Separate Storm Sewer Systems (MS4s)

September 2023—The Texas Commission on Environmental Quality (TCEQ) is in the process of renewing the Texas Pollution Discharge Elimination System (TPDES) general permit for small MS4s, TXR040000, which expires on Jan. 24, 2024. The public comment period has been extended to Sept. 25, 2023.

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

TCEQ published notice of the proposed 2024 Small MS4 General Permit in the Texas Register and Houston Chronicle newspaper on Aug. 18, 2023. 

As part of the 30-day public comment period, the proposed general permit and fact sheet are now available for review on the TCEQ MS4 Phase II General Permit webpage. See a few changes below and pages 24-27 of the fact sheet for the complete list of changes to the permit.

If you are a permittee with a current (active) authorization, do not try to renew your authorization before the new permit has been issued and made effective on Jan. 24, 2024. You will have a 180-day grace period to renew starting on that date.

Public Comments

You now have until Sept. 25, 2023, at 11:59 p.m. CDT to submit written comments about this general permit. Submit comments electronically or by mail to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087.

Or provide comments at a public meeting on Sept. 18, 2023, at 1:30 p.m. at the TCEQ Headquarters, 12100 Park 35 Circle in Building E, Room 201S, Austin, Texas 78753.

Please see the Stormwater Stakeholders Group Webpage for more details about the hybrid in-person and virtual public meeting.

Changes to the General Permit

Significant changes to the general permit include:

  • Moved from a “Two-Step” process to a “Comprehensive” permitting approach:
    • Removed requirement to submit Stormwater Management Plans  to TCEQ for review.
    • Removed requirement for MS4s to publish notice of SWMP approval.
  • Added requirement to submit all applications and annual reports electronically through EPA’s electronic system.
  • In response to the U.S. Census Bureau’s decision to stop using the term “urbanized area,” replaced it with "urban areas with a population of at least 50,000.” 
  • Included urban areas with a population of at least 50,000, based on the 2020 decennial census.