MWCOG Water Resource Workshop

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MWCOG Water Resource WorkshopPreparing for
Regulatory Change February 20, 2004

• Track 2 Panel 4 - Storm Water MS4
  Regulation
• Paula Estornell, USEPA, Region III

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Storm Water Program Regulatory History
1972
Clean Water Act (CWA) establish the National
Pollutant Discharge Elimination System (NPDES)
wastewater permitting program
1987
CWA Amendments newly regulate, in two phases,
certain classes of storm water discharges under
the NPDES program
1990
December 1999
Phase I Storm
Phase II Storm
Water Rule
Water Rule
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NPDES Statutory Framework

• All point sources
• Discharging pollutants
• Into waters of the U.S.

Must obtain an NPDES permit from EPA or an
authorized State
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Point Source vs. Nonpoint Source

• POINT Source
• Discharge of wastewater/ washwater/storm water
  from a discrete point into Waters of the U.S.
• Requires NPDES Permit

• NONPOINT Source
• Any runoff that is not a point source
• A largely voluntary program at the Federal level

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What Does Phase I Cover?

• Storm Water Discharges Associated with Industrial
  Activity
• Eleven categories of industrial activity
• Includes construction activity
• Medium and Large Municipal Separate Storm Sewer
  Systems (MS4s)
• Located in areas with populations over 100,000

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What Does Phase II Change/Cover?

• Regulates storm water discharges from the
  following sources
• Small construction activity
• Small municipal separate storm sewer systems
  (MS4s)

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MS4

• A municipal separate storm sewer system (MS4) is
  a conveyance or system of conveyances owned by a
  public entity that discharges to waters of the
  U.S. (40 CFR 122.26(b)(8))
• pipes, roads, gutters, ditches, catch basin

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Anticipated Regulatory Changes

• Clarification of Existing Regulations
• MS4 Permits adhere to TMDL
• Court Rulings - may change regulations
• 9th Circuit Ruling and General Permits
• Litigation regulations outcome unknown
• Oil and Gas Construction permits
• Regulation Evaluation 2012

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Clarification of Existing RegulationsMS4 Permits
adhere to TMDL

• NPDES permit conditions must be consistent with
  the assumptions and requirements of available
  WLAs (40 CFR 122.44(d)(1)(vii)(B))
• Effluent limits for NPDES-regulated storm water
  discharges that implement WLAs in TMDLs may be
  expressed in the form of BMPs (40 CFR
  122.44(k)(2)(3))
• Where effluent limits are specified as BMPs, the
  permit should also specify the monitoring
  necessary to assess the whether load reductions
  are achieved.(40 CFR 122.44(I))

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Court Rulings - may change regulations9th
Circuit Ruling and General Permits

• Applies to Phase II general permits
• Requires permitting authority review NOI
• Requires permitting authority make NOI available
  for public review
• Requires permitting authority make possible
  public hearings
• EPA HQ considering revising regulations

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Litigation regulatory outcome unknownOil and
Gas Construction Permits

• Oil and Gas industry seeking exemptions from
  storm water regulatory requirements
• EPA currently in settlement negotiations

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Other Storm Water Issues

• Control storm water quantity as well as quality
• Find better ways to demonstrate BMPs are
  implemented to MEP maximum extent practicable
  and are in accordance with applicable TMDL and
  Chesapeake Bay Program Goals

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Expected Benefits of the Storm Water Program

• 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 contaminated
  seafood contaminated water
• Enhanced aesthetic value