TCEQ Provides Update on Phase II MS4 Permit Renewal

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Trey Shanks

Environmental Scientist


The TCEQ Water Quality Advisory Work Group Meeting (WQAWG) provided an update on the status of the TCEQ General Permit for Phase II (Small) Municipal Separate Storm Sewer System (MS4) permit renewal. 

The current Phase II permit will expire on Dec. 13. TCEQ is actively coordinating with the EPA as part of the permit renewal process. 

TCEQ submitted the draft permit to the EPA, and received an objection letter, citing specifically:

  1. The permit language is not clear, specific, and measurable per EPA guidelines;
  2. The permit language appears to extend deadlines for requirements that Phase II MS4 permittees should have accomplished by the end of the current permit term;
  3. The permit does not include a requirement to provide public notice for Notices of Change (NOC) to a permittee’s Stormwater Authorization, similar to the requirements for Notices of Intent (NOI).  The TCEQ permit currently requires that MS4 operators publish the notice of executive director’s preliminary determination of the NOI and Stormwater Management Plan and provide a 30-day public comment period; however, there is currently no such requirement for NOC.

TCEQ is working to address the EPA comments and is expecting to remain on track to renew the permit by December. 

However, TCEQ noted the renewed permit may be delayed if a resolution with EPA is not met within the next few months.

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Trey Shanks, CFM, IAM, leads Freese and Nichols’ Asset Management services. He is a Principal in our Fort Worth office.