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Storm Water Phase II Issue Brief
The second phase the U.S. Environmental Protection Agency's (USEPA's)
storm water program will bring significantly more activities into
the regulatory fold. Like the first phase of the program, it will
require certain sources of storm water discharges to receive National
Pollutant Discharge Elimination System (NPDES) permit coverage.
Phase I of the program, promulgated in 1990, required controls
to be placed on three kinds of sources of storm water discharges:
(1) medium and large municipal separate storm sewer systems (MS4s)
(generally those serving populations above 100,000), including local,
state, and federal governments; (2) construction sites greater than
5 acres; and (3) certain categories of industrial sources.
Phase II will require controls to be placed on discharges from
small MS4s in urbanized areas and construction sites affecting from
1 to 5 acres. The rule was originally proposed by USEPA on January
9, 1998. The final rule is expected to be published in November
1999. The rule was developed by EPA through consultation with a
stakeholders advisory committee. The final rule will supercede the
interim Phase II Direct Final Rule which was published August 7,
1995. That interim rule would have required all non-Phase I dischargers
to apply for NPDES permit coverage by August 7, 2001.
Requirements for Small MS4s
Phase II will apply to those small MS4s not covered in Phase I
which are located in "surbanized areas" as designated
by the Bureau of the Census. This will cover approximately 3,500
municipalities. Additionally, small MS4s located out of urbanized
areas may designated for coverage by the permitting authority on
a case-by-case basis if a need is indicated by watershed plans,
TMDL analyses, or other water assessments.
Small MS4s can obtain a waiver from the requirements if they meet
the following three criteria:
- The jurisdiction served by the system is less than 1,000 people;
- The system is not substantially contributing to the storm water
pollutant loadings of a physically interconnected regulated MS4;
and
- The operator can certify that storm water controls are not
needed based on TMDL assessments or comprehensive watershed plan.
Small MS4s will be required to develop and implement storm water
management programs designed to reduce the discharge of pollutants
to the "maximum extent practicable" and to protect water
quality. Pollutants of concern include oil and grease from roadways,
pesticides from lawns, sediment from construction sites, and carelessly
discarded trash. The programs will have to include the following
six minimum control measures, also known as best management practices
(BMPs):
- Public Education and Outreach: The program must inform citizens
about the impacts of polluted storm water runoff.
- Public Participation/Involvement: The permit holder must allow
citizens the opportunity to participate in program development
and implementation through public hearings and management panels.
- Illicit Discharge Detection and Elimination: A plan must be
developed to detect and eliminate illegal discharges into the
system.
- Construction Site Runoff Control: A program must be developed
to control erosion and sedimentation from construction sites that
disturb one or more acres.
- Post-Construction Runoff Control: A plan must be developed
to address discharges of post-construction storm water runoff
from new development and redeveloped areas.
- Pollution Prevention/Good Housekeeping: A program must be developed
with the goal of preventing or reducing pollutant runoff from
municipal operations including staff training.
These requirements will most likely be enforced through a general
NPDES permit rather than individual permits. The permit holder will
need to evaluate the effectiveness of their programs. Monitoring
is not required by the proposed rule because permit holder will
be required to meet narrative rather than numeric effluent limitations.
Requirements for Construction Activity
Phase II will require construction sites disturbing from 1 to
5 acres to institute storm water controls. This will include about
110,000 sites per year. Additional construction sites may also be
brought into the program on a case-by-case basis by the permitting
authority. The proposed rule gives the NPDES permitting authority
(usually the state) flexibility to determine specific requirements
for storm water controls on a state-by-state basis. It is expected
that states will use their existing Phase I general permits for
construction activity as a guide for Phase II permits. If this happens,
developers will likely be required to develop a storm water pollution
prevention plan.
Implementation Schedule
The final Phase II rule is expected to be published in the Federal
Register in November 1999. NPDES permitting authorities will have
to issue general permits for Phase II small MS4s and construction
activity within 3 years from the date the final rule is published.
Owners or operators of affected MS4s and construction sites must
obtain permit coverage within 3 years and 90 days of the publication
of the final rule. This would mean regulated entities would need
to obtain permit coverage by February 2003. Operators of regulated
small MS4s would have to fully implement their storm water management
programs by the end of their first permit terms (usually 5 years).
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