vvEPA
                            United States
                            Environmental Protection
                            Agency
                                 Office of Water                  EPA 833-F-00-002
                                     (4203)    January 2000 (revised December 2005)
                                                                  Fact Sheet 2.0
 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
 Small  MS4 Storm water Program

 Overview

    Polluted storm water runoff is often transported to municipal separate storm sewer systems
    (MS4s) and ultimately discharged into local rivers and streams without treatment. EPA's
 Stormwater Phase II Rule establishes an MS4 stormwater management program that is intended
 to improve the Nation's waterways by reducing the quantity of pollutants that stormwater picks
 up and carries into storm sewer systems during storm events. Common pollutants include oil and
 grease from roadways, pesticides from lawns, sediment from construction sites, and carelessly
 discarded trash, such as cigarette butts, paper wrappers, and plastic bottles. When deposited into
 nearby waterways through MS4 discharges, these pollutants can impair the waterways, thereby
 discouraging recreational use of the resource, contaminating drinking water supplies, and
 interfering with the habitat for fish, other aquatic organisms, and wildlife.

 In 1990, EPA promulgated rules establishing Phase I of the National Pollutant Discharge
 Elimination System (NPDES) stormwater program. The Phase I program for MS4s requires
 operators of "medium" and "large" MS4s, that is, those that generally serve populations of
 100,000 or greater, to implement a stormwater management program as a  means to control
 polluted discharges from these MS4s. The Stormwater Phase II Rule extends coverage of the
 NPDES stormwater program to certain "small" MS4s but takes a slightly different approach to
 how the stormwater management program is developed and implemented.

 What Is a  Phase II Small MS4?

A    small MS4 is any MS4 not already covered by the Phase I program as  a medium or large
    MS4. The Phase II Rule automatically covers on a nationwide basis all small MS4s  located
in "urbanized  areas" (UAs) as defined by the Bureau of the Census (unless waived by the
NPDES permitting authority), and on a case-by-case basis those small MS4s located outside of
UAs that the NPDES permitting authority designates. For more information on Phase II small
MS4 coverage, see Fact Sheets 2.1 and 2.2.

 What Are  the Phase II Small MS4 Program Requirements?

 /^\perators  of regulated small MS4s are required to design their programs to:

       Q   Reduce the discharge of pollutants to the "maximum extent practicable" (MEP);
       Q   Protect water quality; and
       Q   Satisfy the appropriate water quality requirements of the Clean Water Act.

 Implementation of the MEP  standard will typically require the development and implementation
 of BMPs and the achievement of measurable goals to satisfy each of the six minimum control
 measures.

 The Phase II  Rule defines a small MS4  stormwater management program  as a program
 comprising six elements that, when implemented in concert, are expected to result in significant
 reductions of pollutants discharged into receiving waterbodies.

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Fact Sheet 2.0 - An Overview of the Small MS4 Stormwater Program
                                                 Page 2
The six MS4 program elements, termed "minimum control
measures," are outlined below. For more information on each
of these required control measures, see Fact Sheets 2.3 - 2.8.

©  Public Education and Outreach
     Distributing educational materials and performing
     outreach to inform citizens about the impacts polluted
     Stormwater runoff discharges can have on water quality.

©  Public Participation I Involvement
     Providing opportunities for citizens to participate in
     program development and implementation, including
     effectively publicizing public hearings and/or
     encouraging citizen representatives on a Stormwater
     management panel.

©  Illicit Discharge Detection and Elimination
     Developing and implementing a plan to detect and
     eliminate illicit discharges to the storm sewer system
     (includes developing a system map and informing the
     community about hazards associated with illegal
     discharges and improper disposal of waste).

@  Construction Site Runoff Control
     Developing, implementing, and enforcing an erosion and
     sediment control program for construction activities that
     disturb 1  or more acres of land (controls could include
     silt fences and temporary Stormwater detention ponds).

©  Post-Construction Runoff Control
     Developing, implementing, and enforcing a program to
     address discharges of post-construction Stormwater
     runoff from new development and redevelopment areas.
     Applicable controls could include preventative actions
     such as protecting sensitive areas (e.g., wetlands) or the
     use of structural BMPs such as grassed swales or porous
     pavement.

©  Pollution Prevention/Good Housekeeping
     Developing and implementing a program with the goal of
     preventing or reducing pollutant runoff from municipal
     operations. The program must include municipal staff
     training on pollution prevention measures and techniques
     (e.g., regular street sweeping, reduction in the use of
     pesticides or street salt, or frequent catch-basin cleaning).
What Information Must the NPDES Permit
Application Include?

    The Phase II program for MS4s is designed to accommodate
    a general permit approach using a Notice of Intent (NOI)
as the permit application. The operator of a regulated small
MS4 must include in its permit application, or NOI, its chosen
BMPs and measurable goals for each minimum control
measure. To help permittees identify the most appropriate
BMPs for their programs, EPA issued a Menu of BMPs to
serve as guidance. NPDES permitting authorities can modify
the EPA menu or develop their own list. For more information
on application requirements, see Fact Sheet 2.9.

What Are the Implementation Options?

    The rule identifies a number of implementation options for
    regulated small MS4 operators.  These include sharing
responsibility for program development with a nearby
regulated small MS4, taking advantage of existing local or
State programs, or participating in the implementation of an
existing Phase I MS4's Stormwater program as a co-permittee.
These options are intended to promote a regional approach to
Stormwater management coordinated on a watershed basis.

What Kind of Program Evaluation/Assessment Is
Required?

   Permittees need to evaluate the  effectiveness of their chosen
   BMPs to determine whether the BMPs are reducing the
discharge of pollutants from their systems to the "maximum
extent practicable" and to determine if the BMP mix is
satisfying the water quality requirements of the Clean Water
Act. Permittees also are required to assess their progress
in achieving their program's measurable goals.  While
monitoring is not required under the rule, the NPDES
permitting authority has the discretion to require monitoring
if deemed necessary. If there is an indication of a need for
improved controls, permittees can revise their mix of BMPs
to create a more effective program.  For more information
on program evaluation/assessment, see Fact Sheet 2.9.

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Fact Sheet 2.0 - An Overview of the Small MS4 Stormwater Program
                                                                            Page 3
           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

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