STORM WATER PROGRAM
FACT SHEET
February 1993
&EPA
Office of Wastewater Enforcement and Compliance
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IMPLEMENTATION OF THE NATIONAL STORM WATER PROGRAM
REGULATIONS
November 1992--Final storm water permit application regulations.
April 1992.-Final regulations to establish (1) minimum inspection/monitoring and reporting requirements
for storm water discharges; and (2) minimum Notice of Intent (NOl) requirements.
September 1 992--Request for public comment on Phase II of the storm water program.
December 1 992--Federal Register notice that (1) clarified the scope of the storm water program.
pursuant to the 9th Circuit Court decision; (2) established deadlines for permit issuance, pursuant to 9th
Circuit Court decision; and (3) extended Phase II moratorium deadline pursuant to the Water Resources
Development Act (WRDA).
OUTREACH
Responded to over 90,000 calls on the Storm Water
Participated in over 80 workshops and presentations
authorities and educate the regulated community; 26
Hotline since November
throughout the co...ntry
of these were heic last
1990.
to ain permitting
sur mer, reaching
more
than 4.000
storm water professionals.
[ I I GUIDANCE
Numerous summaries, fact sheets, and workshop materials.
Municipal and industrial permit application manuals.
NPDES Storm Water Sampling Guidance Document (July 1992).
Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and
Best
Management Practices (September 1992).
Storm Water Management for nnstrt i Activities: Developing Pollution Prevention Plans
Management Practices (September 1992)
and Best
Part 2 Municipal Storm Water Application Guidance.
Question and Answer Document.
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j DEADLINES I
Individual permit application deadline: October 1. 1992 (extended from November 18, 1 991)
Part 2 deadline for group applications: October 1. 1992 (extended from May 18, 1992).
Deadline for most industries owned or operated by municipalities under 100,000 deferred to Phase II of
the Storm Water Program pursuant to the 1 991 Transportation Act (April 1992).
Part 2 large municipal storm water application deadline: November 16, 1992.
Part 2 medium municipal storm water application deadline: May 17, 1993.
Final storm water permit must be issued by October 1. 1 993.
PERMITTING I
I t I
15,000 facilities covered under EPA Industrial and Construction General Permits for use in non.autricrzed
States.
39.000 facilities covered under general permits issued by authorized NPDES States.
45,000 faculties representing 750 group apphcat r 1CuT,au 1 r the group app icat;or. proce3s
facilities have been issued permits . o date
Reviewing both Part 1 and Part 2 municipal permt aoplications.
Municipal storm water permits to be developed for over 230 municipal separate storm sewers as :
the 1990 Census). ______________________________________________________________
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Februar, -
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KEY ISSUES
A. PHASE I PROGRAM
How to ensure Phase I of the Storm Water Program is operating effectively? (Industrial storm water
permits must be issued by October 1. 1993.)
- Issue permits for storm water group applicants:
45.000 facilities covered under group applications
Under current resources, extremely difficult to develop draft permits for more than 25,000 of
these facilities before the October 1, 1993, deadline for final permits.
Cover previously unidentified storm water discharges:
-- States and Regions report that significant numbers of storm water dischargers have not applied
for permit coverage.
Survey of key States indicates, on average, that only 1 .000 industrial dischargers per State have
applied for general permit coverage (California reports that 8,500 have applied, but even this is
far less than expected). This does not include group applicants noted above.
This represents potentially very significant noncompliance issue.
Develop and issue a general permit for inactive mines on Federal lands (DOl estimates that there are
over 400,000 inactive mine sites).
- Develop and implement industrial pollution prevention plans and municipal storm water management
plans.
How to implement the Storm Water Program with few EPA and State resources?
- EPA only has about 20-30 FTEs Nationally and many States also have very limited resources
Our current strategy focuses on issuing as many general permits as possible, supporting State
general permit issuance, and providing outreach, information and training.
B. PHASE II PROGRAM
Covers all sources not covered under Phase I, including existing as well as developing urban areas
under 100,000; construction sites under 5 acres, as well as retail, commercial, and residential
activities.
How best to design a program for Phase II sources
A Task Force is now developing options or Phase II sources
Issues include timing; flexibility; enforceabilly. and roles of Federal, State, and local goverrm
- Answers needed for CWA reauthorization and egulations required by October 1, 1 993
- Options briefing will be prepared by April 1 993
Many Phase II sources have not been subject previously to regulation. The Phase II sources e
share many characteristics with noripoirit sources Methods of control or pollution preven!cr a i so
often similar.
Febr_j.
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KEY ISSUES
C. WATER QUALITY STANDARDS
The 1987 Amendments to the CWA established new standards for NPDES permits for municipal
separate storm sewer systems. In particular, the statute stipulated that permits must (1) effectively
prohibit non-storm water discharges to the storm sewer system; and (2) require controls to reduce the
discharge of pollutants to the maximum extent practicable. However, the 1987 Amendments did not
change the underlying requirement of the CWA that NPDES permits assure compliance with watcr
quality standards. Some municipalities have indicated that they are unable to comply with water
quality standards and believe CWA should be amended to provide for extension of statutory deadlines
D. OVERSIGHT/ENFORCEMENT STRATEGY
Since many regulated industries are still unaware of storm water program requirements, EPA envisions
an oversight/enforcement strategy that will initially focus heavily on outreach and public awareness
Options for an oversight/enforcement strategy include (1) focusing initially on education and public
outreach rather than enforcement; (2) encouraging proactive response through incentive and reward
mechanisms; (3) working closely with industrial and municipal groups, and making positive examples
of model sites; (4) taking enforcement action against the demonstrated bad actors; and (5)
conducting comprehensive annual audits.
E. NINTH CIRCUIT COURT DECISION
The Ninth Circuit court invalidated and remanded for further proceedings two regulatory exemptions
from the definition of storm water discharge associated with industrial activity (1) the exemption for
construction sites disturbing less than five acres of land (category x); and (2) the exemption of certain
light manufacturing facilities without exposure of materials and activities to storm water. In
response to these two remands. the Agency intends to conduct further rulemaking proceedings on
construction activities under five acres and light industry without exposure as ordered by the Court
EPA will not require permit applications for construction sites disturbing less than five acres of land
and category (xi) facilities without exposure until this additional rulemaking is completed.
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It
Outreach
Phase I Implementation
Assist NPDES authorized States in developing storm water general permits.
Continue operation of NOl processing center.
Assess effectiveness of various general permit approaches.
Develop regulations to respond to 9th Circuit Court decision.
Complete group application process; develop model permits.
Develop general permits for storm water discharges from inactive mines.
Review/assess municipal applications and issue permits.
Assist in the development of State storm water strategies.
Conduct storm water pollution prevention workshops and provide technical assistance on BMPs
Finalize Volume II of the Storm Water Question and Answer Document.
Continue targeting key professional organizations, trade associations, and municipal organizations
to develop partnerships.
Solicit feedback on necessary training and assistance from key organizations.
Act as distribution point for State and locally developed program and technical information
Phase II Proaram Develooment
Complete Reports to Congress.
Conduct public meetings to discuss possible targeting and control options for Phase II
Propose and finalize Phase II regulations
Address Clean Water Act reauthorization issues
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