v>EPA
United States
Environmental Protection
Agency
Office of Water EPA 833-F-00-012
(4203) January 2000 (revised December 2005J
Fact Sheet 2.10
Storm water Phase II
Final Rule
Stormwater Phase II
Final Rule
Fact Sheet Series
Overview
1.0 - Stormwater Phase II Final
Rule: An Overview
Small MS4 Program
2.0 - Small MS4 Stormwater
Program Overview
2.1 - Who's Covered? Designation
and Waivers of Regulated Small
MS4s
2.2 - Urbanized Areas: Definition
and Description
Minimum Control Measures
2.3 - Public Education and
Outreach
2.4 - Public Participation/
Involvement
2.5 - Illicit Discharge Detection
and Elimination
2.6 - Construction Site Runoff
Control
2.7 - Post-Construction Runoff
Control
2.8 - Pollution Prevention/
Good Housekeeping
2.9 - Permitting and Reporting:
The Process and Requirements
2.10 - Federal and State-Operated
MS4s: Program Implementation
Construction Program
3.0 - Construction Program
Overview
3.1 - Construction Rainfall
Erosivity Waiver
Industrial "No Exposure"
4.0 - Conditional No Exposure
Exclusion for Industrial Activity
Federal and State-Operated MS4s:
Program Implementation
The program for small municipal separate storm sewer systems (MS4s) under the Stormwater
Phase II Final Rule includes, in addition to local government jurisdictions, certain Federal
and State-operated small MS4s. Federal facilities were not designated for regulation by the
NPDES Phase I Stormwater program for MS4s. The Phase II Final Rule, however, includes the
"United States" in the definition of a small MS4, thereby including Federal MS4 operators in
the NPDES Phase II Stormwater program. Federal and State-operated small MS4s can include
universities, prisons, hospitals, roads (i.e., departments of transportation), military bases (e.g.,
State Army National Guard barracks), parks, and office buildings/complexes.
The small MS4 program, largely designed with municipally-operated small MS4s in mind,
raises a number of implementation issues for Federal and State operators of regulated small
MS4s were required to obtain an NPDES permit that requires the development and
implementation of a management program that includes the following six minimum control
measures: public education and outreach, public participation/involvement, illicit discharge
detection and elimination, construction site runoff control, post-construction runoff control, and
good housekeeping/pollution prevention for municipal operations (for more information on
each measure, see Fact Sheets 2.3 through 2.8). This fact sheet highlights potential
implementation issues related to the minimum control measures, then discusses the
implementation options included in the rule that may resolve these issues.
What Are Some Implementation Concerns?
T
I his section profiles the three most common implementation issues raised in the public
comments submitted regarding Federal/State implementation of the small MS4 program.
How Does the Final Rule Account for Unique Characteristics?
Federal and State small MS4s possess a number of characteristics that set them apart from
their municipal counterparts. For example, whereas municipally-operated MS4s largely serve
resident populations, many Federal or State-operated MS4s, such as medical clinics and
departments of transportation (DOTs), do not. Other types of Federal and State MS4s, such as
military bases, prisons, and State universities, serve populations that are different from a typical
municipal population. Their unique characteristics might lead Federal or State MS4 operators
to question either the need to implement the entire suite of minimum control measures or their
ability to comply fully with their Phase II Stormwater permit. Responsibility for developing and
managing a Stormwater program that comprises the minimum measures lies with the operator of
the Federal or State MS4.
What If the Operator Lacks Legal Authority?
Three of the minimum control measures (illicit discharge detection and elimination and the two
construction-related measures) require enforceable controls on third party activities to ensure
successful implementation of the measure. Some Federal and State operators, however, may not
have the necessary legal regulatory authority to adopt these enforceable controls in the same
manner as do local governments.
-------
Fact Sheet 2.10 - Federal and State Operated Small MS4s: Program Implementation
Page 2
For example, a State DOT that is responsible for the portions
of its roads running through urbanized areas may not have
the legal authority to impose restrictions on, and penalties
against, illicit (i.e., non-stormwater) discharges into its MS4
if the source of the discharge is outside the DOT's right-of-
way or jurisdiction. As in the case of local governments that
lack such authority, State and Federal MS4s are expected to
utilize the authority they do possess and to seek cooperative
arrangements.
How Can the Program Be Implemented in Areas
Where There Are Multiple Regulated Entities?
Since the final rule provides automatic coverage of all small
MS4s within an urbanized area, regardless of political
boundaries, coverage of multiple governments and agencies
in a single area is likely. For example, a city government
that operates a small MS4 within an urbanized area must
obtain permit coverage alongside the county, State, and
Federal DOTs if they all operate a portion of the roads (i.e.,
MS4s) in the city. All four entities are responsible for
developing and implementing a stormwater management
program for their MS4s (or portions thereof) within the
urbanized area. EPA encourages State and Federal small
MS4 operators to establish cooperative agreements with
cities and counties in implementing their stormwater
programs.
Are There Implementation Strategies that Help
Facilitate Program Implementation?
This section offers two hypothetical strategies for
resolving the implementation issues raised above. The
best solution may include a creative combination of
strategies.
STRATEGY #1
A Focus on Choosing Appropriate BMPs
The final rule requires the permittee to choose appropriate
best management practices (BMPs) for each minimum
control measure. In other words, EPA expects Phase II
permittees to develop and update their stormwater
management plans and their BMPs to fit the particular
characteristics and needs of the permittee and the area served
by its MS4. Therefore, the Federal or State operator of a
regulated storm sewer system can take advantage of the
flexibility provided by the rule to utilize the most suitable
minimum control measures for its MS4. Below is an
example of tailored activities and BMPs that Federal or State
operators can implement for each measure:
Q Public Education and Outreach. Distribute
brochures and post fliers to educate employees of a
Federal hospital about the problems associated with
stormwater runoff and the steps they can take to
reduce pollutants in stormwater discharges. For
example, employees could be advised against
carelessly discarding trash on the ground or allowing
their cars to leak oil/fluids in the parking lot.
Public Participation/Involvement. Provide notice
of stormwater management plan development and
hold meetings at which employees of a Federal
office complex are encouraged to voice their ideas
and opinions about the effort. Request volunteers to
help develop the plan.
Illicit Discharge Detection and Elimination.
Develop a map of the storm sewer system on a
military base. Perform visual dry weather
monitoring of any outfalls to determine whether the
storm sewer system is receiving any non-stormwater
discharges from the base. If a dry weather flow is
found, trace it back to the source and stop the
discharge. Should a Federal military base identify
an illicit discharge, the source of which is traced to
the boundary of its system, the Federal operator
should refer the discharge to the adjoining regulated
MS4 for further action.
Construction Site Runoff Control. Require the
implementation of erosion and sediment controls,
and control of waste, for any Federal or State DOT
road construction. The DOT would review site
plans for proper controls, perform inspections, and
establish penalties in the construction contract if
controls are not implemented. If construction is
done directly by the regulated DOT instead of a
private contractor, the DOT could be penalized by
the NPDES permitting authority for non-compliance
with its small MS4 permit in the event that controls
are not properly implemented.
Post-Construction Runoff Control. Require the
implementation of post-construction stormwater
controls for any new construction on the grounds of
a prison. This can be required as part of a
construction contract, instituted as internal policy,
and considered during site plan review.
Pollution Prevention/Good Housekeeping for
Municipal Operations. Train maintenance staff at
a State university to employ pollution prevention
techniques whenever possible. For example,
routinely pick up trash/litter from the university
grounds, use less salt on the parking lots and access
roads in the winter, perform any maintenance of
university vehicles under shelter only, limit pesticide
use to the minimum needed, use vegetative buffer
strips in the parking lots to filter runoff, and keep
dumpster lids closed.
-------
Fact Sheet 2.10 - Federal and State Operated Small MS4s: Program Implementation
Page 3
STRATEGY #2
Working with Other Entities
There may be instances when the Federal or State permittee
has limited capabilities to satisfy one or more of the
minimum control measures. As discussed above, the
permittee may lack the proper legal authority to enforce
controls (although it should try to obtain the necessary legal
authority if at all possible).
In the case of limited capabilities, the permittee can work
with neighboring operators of regulated small MS4s,
preferably on a watershed basis, to form a shared stormwater
management program in which each permittee is responsible
for activities that are within individual legal authorities and
abilities. The final rule allows the permittee to rely on other
entities, with their permission, to implement those minimum
measures that the permittee is otherwise unable to
implement. Three examples are:
Q A State DOT with limited regulatory legal authority
can reference a local sewer district's illicit detection
and elimination program in its permit application,
provided the program sufficiently addresses illicit
discharges into the DOT's storm sewer system.
Q The permittee or NPDES permitting authority
can reference such programs as coastal nonpoint
pollution control programs, State or local watershed
programs, State or local construction programs, and
environmental education efforts by public or private
entities.
Q The permittee can become a co-permittee with a
neighboring Phase IMS4 through a modification of
the Phase I MS4's individual permit. This would be
an option for those Federal and State entities located
in close proximity to Phase I MS4s.
Choosing to work with other governmental entities as a co-
permittee, or referencing parts of each other's plans, can
help resolve issues that may arise where multiple regulated
jurisdictions exist in the same area. Permittees can avoid
duplicative efforts, as well as territorial or regulatory
disputes, by working together to implement the stormwater
program. See Fact Sheet 2.9 for more information on
permitting options for regulated small MS4s.
For Additional Information
Contacts
"^ U.S. EPA Office of Wastewater Management
http ://www. epa. gov/npdes/stormwater
Phone: 202-564-9545
"^ Your NPDES Permitting Authority. Most States and
Territories are authorized to administer the NPDES
Program, except the following, for which EPA is the
permitting authority:
Alaska
District of Columbia
Idaho
Massachusetts
New Hampshire
New Mexico
American Samoa
Guam
Johnston Atoll
Midway and Wake Islands
Northern Mariana Islands
Puerto Rico
Trust Territories
"^ A list of names and telephone numbers for each EPA
Region and State is located at http://www.epa.gov/
npdes/stormwater (click on "Contacts").
Reference Documents
"^ EPA's Stormwater Web Site
http ://www. epa. gov/npdes/stormwater
• Stormwater Phase II Final Rule Fact Sheet Series
• Stormwater Phase II Final Rule (64 FR 68722)
• National Menu of Best Management Practices for
Stormwater Phase II
• Measurable Goals Guidance for Phase II Small
MS4s
• Stormwater Case Studies
• And many others
------- |