Storm Water Phase II Final Rule

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• Storm Water Phase II Final Rule

November 4, 1999
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Storm Water Phase II Key Dates

• 1987 Clean Water Act Amendments - Storm
  Water
• 11/90 Phase I Storm Water regulations -
  finalized
• 3/95 Report to Congress
• 8/95 Interim Phase II regulations - finalized
• 1995-98 FACA Subcommittee meetings (14)
• 1/98 Revised Phase II regulations - proposed
• 10/29/99 Administrators signature

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Why Storm Water Phase II?

• Storm Water Discharge - the Need for Regulation
• Major source of impairment in rivers, lakes and
  estuaries.
• Introduces sediment, floatables, oil/grease,
  toxics, metals and pathogens into U.S. waters.
• National Water Quality Inventory - 1996 Report to
  Congress
• 13 of impaired rivers, 21 of impaired lakes,
  and 45 of impaired estuaries assessed by States
  are impaired due to urban runoff .
• 6 of impaired rivers, 11 of impaired lakes, and
  11 of impaired estuaries are impaired due to
  construction runoff.
• 63 of the US population live in urbanized areas
  and most population growth/ new development is
  occurring in those areas.
• Erosion rates from construction sites are
  typically ten times higher than from other land
  uses.

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Expected Benefits of the Phase II Rule

• Enhanced Commercial, Recreational and Subsistence
  Fishing
• Enhanced Opportunities for Swimming, Boating and
  noncontact recreation
• Reduced Flood Damage
• Drinking Water Benefits
• Navigational Benefits
• Reduced Illness from Consuming Contaminated
  Seafood
• Reduced Illness from Swimming in Contaminated
  Water
• Enhanced Aesthetic Value

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Storm Water Phase IIBackground

• Existing Storm Water regulations (Phase I), under
  CWA 402(p), require NPDES Storm Water permits
  for
• Industrial activity, including construction sites
  disturbing gt 5 acres.
• Municipal Separate Storm Sewer Systems (MS4s)
  serving areas with Populations gt 100,000.
• The 9th Circuit remanded two Phase I provisions,
  which EPA is addressing in Phase II
• Construction site size definition.
• No Exposure exemption for industrial activities.

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Final Rule Coverage

• Sources Designated Nationwide
• Small MS4s in urbanized areas.
• Small Construction disturbing one to five acres.
• Revised No Exposure exclusion for Phase I
  industrial facilities.

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Storm Water Phase II Municipal Provisions

• Rule designates small MS4s with populations less
  than 100,000 located in urbanized areas (about
  5,040 MS4s).
• States can waive coverage for municipalities with
  populations under 10,000, where the State
  determines no potential for significant water
  quality impairment.
• State can phase in permit coverage over five
  years for municipalities with population under
  10,000 to be consistent with a watershed
  permitting approach or the States unified
  watershed assessments (up to 3,200 MS4s).
• Municipalities outside of urbanized areas may be
  designated based on water quality concerns.

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Storm Water Phase II Municipal Provisions (cont.)

• Operators of regulated small MS4s will apply
  under general permits and implement storm water
  management plans that address six minimum control
  measures
• Public Education Outreach
• Public Involvement/Participation
• Illicit Discharge Detection Elimination
• Construction Site Storm Water
• Post-Construction Storm Water Management in New
  Development and Redevelopment
• Pollution Prevention/Good Housekeeping for
  Municipal Operations
• Cooperative efforts between Phase I Phase II
  MS4s are encouraged.
• Use of existing State/local programs is promoted.

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Storm Water Phase II Construction Provisions

• Rule designates construction sites nationwide
  that disturb between one and five acres.
• Construction site operators will apply under
  general permits.
• Water quality based waivers are available where
  construction would be completed in areas and
  during times of low rainfall, or based on other
  local water quality considerations.
• The rule allows qualifying local sediment and
  erosion control programs to be referenced in
  general permits to avoid duplication.
• Sites less than one acre may be designated based
  on water quality concerns.

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Storm Water Phase II No Exposure

• Rule provides conditional exclusion from permit
  requirements for Phase I industrial/commercial
  facilities.
• No Exposure means that industrial materials and
  activities are protected and not exposed to rain,
  snow or runoff.
• As a result of this rule, 76,000 facilities
  currently required to have an industrial storm
  water permit are expected to qualify for the no
  exposure exclusion.
• The no exposure exclusion is expected to result
  in annual cost savings from 318 M - 1.86 B for
  Phase I commercial and industrial facilities.

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Storm Water Phase II Regulatory ImpactsSummary

• Total annual costs of the rule range from 847M -
  981M annually while the estimated benefits range
  from 671 M - 1.6 B.
• Municipalities
• 5,040 municipalities affected.
• Total annual estimated cost of 297M, average
  cost of 9.16 per household.
• Total annual estimated benefits of at least 131M
  - 410M.
• Construction
• 110,000 newly regulated construction starts
  annually.
• Total estimated annual costs range is 545M -
  678M.
• Total estimated annual benefits range is 540M -
  686M.

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Storm Water Phase II Outreach Efforts

• This rule was developed through extensive
  outreach to State, tribal local governments,
  industries and environmental groups.
• Convened a Phase II subcommittee of the Urban Wet
  Weather FACA, including municipal, industrial and
  agricultural sectors, environmental groups,
  States, Tribes, local governments, builders and
  developers.
• Consulted with small entity representatives
  through a SBREFA panel process.
• Worked with State representatives between
  proposed and final rule to address issues related
  to equivalent State programs.

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Timeframes for Implementation

• State Permitting Authority modifies program
• 1-2 years from date of publication in Federal
  Register.
• Small MS4 and Small Construction Permits
• Up to 3 years for permit issuance.
• NOIs, or individual applications, due within 90
  days of permit issuance.
• Industrial No Exposure Exclusion
• Will be immediately in effect in areas where EPA
  is the permitting authority.

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Storm Water Phase II Implementation Support

• Tool Box of outreach and implementation material
  is being developed
• Fact Sheets
• Guidances
• Menu of Best Management Practices
• Information Clearinghouse
• Training / Outreach
• Demonstration Projects
• Technical Research
• Compliance Assistance Tools

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Questions/Additional Information

• Call EPA at [phone]
• Email sw2_at_epa.gov
• Internet
• http//www.epa.gov/owm/sw/phase2

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