Storm Water Phase II

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The Storm Water Phase II Program Presentation
Updated as of October 1998
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Storm Water Phase II ProgramClean Water Act
Section 402(p)

• Requires Permits for Phase I Discharges from
• Industrial Activity
• MS4s Serving Populations gt 100,000
• Requires EPA to Conduct Study of Other Storm
  Water Discharges
• Requires EPA to Promulgate Regulations
  Establishing the Phase II Program

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Storm Water Phase II Program Phase I Program

• November 16, 1990 Final Phase I Rule
• Permit Applications Required for Storm Water
  Discharges From
• MS4s Serving Population gt100,000
• 11 Categories of Industrial Activity
• Construction Over 5 Acres Covered as Industrial
  Activity

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Storm Water Phase II ProgramWatershed Approach

• Phase II Should Be Part of Comprehensive
  Watershed Management
• Impaired Waters Assessment
• TMDLs
• NPDES Permits
• Nonpoint Source Management
• Source Water Protection

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Storm Water Phase II Program Phase II Interim
Rule

• Under CWA 402(p)(6), EPA Issued Initial Phase II
  Final Rule on August 7, 1995
• Requires All Unregulated Sources of Storm Water
  Discharges to Apply for NPDES Permits by August
  7, 2001
• Applies to
• Millions of Industrial/Commercial Facilities
• All Construction Activity, No Size Threshold
• Over 22,000 Municipalities
• Interim Measure

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Storm Water Phase II Program Development of
Proposed Rule

• FACA Subcommittee
• Membership Included a Cross-Section of Interested
  Stakeholders
• 14 Meetings Held (1995 - 1998)
• 4 Preliminary Drafts of Rule Circulated for
  Review and Comment
• SBREFA Panel
• Conducted Outreach with Small Entity
  Representatives
• Issued Recommendations for Phase II Proposed Rule

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Storm Water Phase II Program Proposed Rule
Background

• EPA Proposed Revised Phase II Regulations on
  January 9, 1998 63 FR 1536
• Proposed Sources to be Covered
• Regulated Small MS4s
• Construction Under 5 Acres
• No New Industrial/Commercial Sources

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Storm Water Phase II Program Phase I No Exposure
Revision

• No Exposure means all industrial materials or
  activities are protected by a storm resistant
  shelter so that they are not exposed to rain,
  snow, snowmelt, or runoff
• Actions taken to qualify for no exposure shall
  not interfere with the attainment or maintenance
  of water quality standards, including designated
  uses

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Storm Water Phase II Program Phase I No Exposure
Revision

• Conditional Exemption
• Applies to All Categories of Industrial Activity,
  Except Construction
• Requires Submission of No Exposure Certification
  Checklist Every 5 Years

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Storm Water Phase II Program Construction

• Extends Existing Phase I Regulations to Apply to
• Sites that Result in the Disturbance of 1 Acre or
  More, but Less than 5 Acres (Designated
  Nationwide)
• Sites that Result in Disturbance of Less than 1
  Acre (Potential Designation by Permitting
  Authority)
• Waivers by Permitting Authority
• Qualifying Local/State Program

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Storm Water Phase II ProgramConstruction Waivers

• Proposal
• Rainfall erosivity factor of less than 2, or
• Annual soil loss of less than 2 tons/acre/year,
  or
• A watershed plan or TMDL assessment addresses the
  pollutants of concern
• Current
• Rainfall erosivity factor of less than 5, or
• A watershed plan or TMDL assessment addresses the
  pollutants of concern

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Storm Water Phase II ProgramQualifying
State/Tribal/Local Program

• A Qualifying Local Program (QLP) can be
  referenced in a construction general permit to
  minimize overlap/duplication
• A QLP is a Phase I or Phase II MS4s construction
  program or an enforceable erosion and sediment
  control program that is at least at stringent as
  the Phase II MS4 minimum measure requirement for
  construction 122.34(b)(4)

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Storm Water Phase II Program Regulated Small MS4
Definition

• Automatic Nationwide Designation
• All Small MS4s Located Within
• Urbanized Areas (UAs)

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Storm Water Phase II Program Urbanized
Area Definition

• A central place (or places) and the adjacent
  densely settled surrounding area that together
  have a minimum population of 50,000 and a minimum
  average density of 1,000/sq.mi.
• 
  (Bureau of the
  Census geographers liken it to flying over an
  urban area and drawing a line around the
  built-up, developed area as seen from the air)

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Storm Water Phase II ProgramRegulated Small MS4
Designation

• Designation Criteria must be Developed and
  Applied to Small MS4s Outside UAs Serving a
  Population gt10,000 and a Population Density
  gt1,000/sq.mi.
• Must Designate Small MS4s that Contribute
  Substantially to the Pollutant Loadings of
  Physically Interconnected Regulated MS4s
• May Also Designate Small MS4s Based on a
  Watershed Plan, TMDL Assessment, Violation of a
  WQS, or if a Significant Contributor of
  Pollutants to Waters of the U.S.

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Storm Water Phase II ProgramRegulated Small MS4
Designation Criteria

• EPA recommends the following criteria
• Discharge to sensitive waters
• High growth or growth potential
• High population density
• Contiguity to an urbanized area
• Significant contributor of pollutants to waters
  of the U.S.
• Ineffective control of water quality concerns by
  other programs

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Storm Water Phase II ProgramRegulated Small MS4
Waiver/Exemption

• Proposal
• Tribal Exemption -- All Tribally-owned/operated
  regulated small MS4s lt1,000
• Waiver -- All regulated small MS4s serving a
  population of lt1,000 where a watershed plan or
  TMDL assessment addresses the pollutants of
  concern
• Current
• Waiver -- All regulated small MS4s serving a
  population of lt10,000 where a watershed plan or
  TMDL assessment addresses the pollutants of
  concern

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Storm Water Phase II ProgramRegulated Small MS4
Permit Options

• General Permit (Encouraged by EPA)
• Application Notice of Intent (NOI) required
• Individual Permit
• Application Follow requirements of 122.21(f)
• Estimate of square miles served by MS4
• Other information requested by EPA/State
• Modification of Existing Phase I Permit --
  Co-permittee With Phase I MS4
• Comply with applicable requirements of 122.26 in
  lieu of 122.34

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Storm Water Phase II Program Regulated Small MS4
Permit Requirements

• Required to develop a program to reduce the
  discharge of pollutants and protect water quality
• Program must include six Minimum Control Measures
• Must submit an NOI or permit application and
  identify for each minimum control measure
• Best Management Practices
• Measurable Goals
• Timeframe for Implementation (start/complete)
• Responsible Persons
• Must evaluate program and submit reports to
  Permitting Authority

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Storm Water Phase II ProgramRegulated Small MS4
Permit Requirements

• Minimum Control Measures
• Public Education and Outreach
• Public Involvement/Participation
• Illicit Discharge Detection and Elimination
• Construction Site Storm Water Runoff Control
• Post-Construction Storm Water Management in New
  Development and Redevelopment
• Pollution Prevention/Good Housekeeping for
  Municipal Operations

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Storm Water Phase II ProgramPublic Education and
Outreach

• Must implement a public education program,
  including materials that describe the impacts of
  storm water and actions to reduce pollution
• Should inform the public on steps they can take
  (i.e., proper septic system maintenance)
• Should direct information to targeted groups
  (i.e., commercial, industrial and institutional
  entities likely to cause storm water impacts)
• Should address viewpoints and concerns of all
  sub-communities (i.e., minorities, business,
  construction/development, disadvantaged)

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Storm Water Phase II ProgramPublic
Involvement/Participation

• Must comply with state/local public notice
  requirements (adoption of plans, policies,
  ordinances, etc.)
• Should involve the public in developing ,
  implementing and reviewing the storm water
  management program
• Reach out to and engage all ethnic and economic
  groups
• Consider impaneling a citizen group to aid in
  decision-making
• Hold public hearings
• Work with volunteers

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Storm Water Phase II ProgramIllicit Discharge
Detection and Elimination

• Must develop MS4 maps that show
• Location of major pipes, outfalls, and topography
• Areas of concentrated activities
• Must effectively prohibit illicit discharges into
  the MS4 system through use of
• An ordinance, order, or similar means
• Enforcement procedures and actions
• Must implement a plan to detect and address
  illicit discharges and illegal dumping
• Must inform public of hazards associated with
  illegal discharges/improper disposal

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Storm Water Phase II ProgramConstruction Site
Runoff Control

• Must develop, implement and enforce a program to
  reduce storm water pollution from all
  construction activities gt 1 acre
• Use an ordinance to control erosion and
  sedimentation and other waste at site
• Program must include
• Requirement for site owners/operators to
  implement appropriate BMPS
• Pre-construction review of site plans
• Procedures to receive/consider public input
• Regular inspections during construction
• Penalties to ensure compliance

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Storm Water Phase II ProgramNew Development and
Redevelopment

• Must develop, implement and enforce a program to
  address storm water runoff from new development
  and redevelopment projects of greater than or
  equal to 1 acre
• Program must
• Include a plan to implement site-appropriate,
  cost-effective structural and non-structural BMPs
• Ensure long term operation and maintenance of
  BMPs
• Ensure controls in place that would prevent or
  minimize water quality impacts

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Storm Water Phase II ProgramNew Development and
Redevelopment

• EPA Recommends
• BMPs that maintain pre-development conditions
• Non-Structural BMPs that include policies and
  ordinances to protect natural resources and
  prevent runoff such as
• Limit growth to identified areas
• Protect sensitive areas such as wetlands
• Minimize imperviousness
• Maintain open space
• Minimize disturbance of soils and vegetation

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Storm Water Phase II ProgramNew Development and
Redevelopment

• EPA Recommends
• Municipal requirements be responsive to improved
  storm water technologies
• Structural BMPs that may include
• Storage facilities (retention/detention ponds)
• Filtration facilities (grassed swales, sand
  filters, filter strips)
• Infiltration facilities (recharge basins, porous
  pavement)

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Storm Water Phase II ProgramPollution
Prevention/Good Housekeeping

• Must develop and implement a cost-effective
  operation and maintenance program with the goal
  of preventing or reducing pollutant runoff from
  municipal operations
• Program must include local government employee
  training, including
• Park and open space maintenance
• Fleet maintenance
• Building maintenance
• Storm water system maintenance

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Storm Water Phase II ProgramPollution
Prevention/Good Housekeeping

• EPA Recommends that, at a minimum, the following
  are considered as components
• Maintenance activities, maintenance schedules and
  inspection procedures for controls to reduce
  floatables and other pollutants
• Controls for reducing/eliminating pollutants from
  streets, parking lots, storage yards, and waste
  transfer stations.
• Procedures for proper disposal of waste removed
  from storm drains
• An assessment of water quality impacts of new
  flood control projects

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Storm Water Phase II ProgramPermitting Authority
Responsibilities

• Adopt federal, or issue own, menu of BMPs for
  regulated small MS4s
• Develop small MS4 designation criteria
• Designate small MS4s
• Issue general, or individual, permits for
  construction activity and regulated small MS4s
• NOIs optional for construction general permit
• Review regulated small MS4 NOIs/applications
• Review waiver certifications from construction
  site and regulated small MS4 owners/operators
• Review reports submitted by small MS4s

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Storm Water Phase II Program Timeframes for
Implementation

• (Following 3/99 Final Rule)
• Municipal Program 3 years and 90 days
• Construction Program 3 years and 90 days
• Conditional No Exposure Exemption Immediately
  in effect for EPA-issued permits

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Storm Water Phase II ProgramProjected Deadlines

• Final Phase II Rule
  3/99
• State to Modify Storm Water Program
  3/01/00
• EPA/State Issues Menu of BMPs 3/01/00
• Issue General Permits for Regulated
• Small MS4s and Small Construction 3/01/02
• Designate Additional Small MS4s
  5/31/02
• Small MS4 Program Fully Implemented 3/01/07
• Re-evaluation of Rule for MS4 Program 3/01/12

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Storm Water Phase II Program Tool Box

• Purpose of the toolbox is to facilitate
  implementation of the storm water program in an
  effective and cost- efficient manner. Six
  components
• Fact Sheets
• Guidance
• Information Clearinghouse
• Training
• APWA Workshops
• Research/Pilot Program

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Storm Water Phase II Program Further Information

• Call EPA at [phone]
• E-mail sw2_at_epamail.epa.gov
• Internet http//www.epa.gov/OWM/sw2.htm
  

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Region 6 Storm Water

• Internet www.epa.gov/region6/sw