v>EPA
United State
Environmental Protection
Agency
Office of Water EPA 833-F-00-008
(4203) January 2000 (revised December 2005)
Fact Sheet 2.6
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
Construction Site Runoff Control
Minimum Control Measure
This fact sheet profiles the Construction Site Runoff Control minimum control measure, one
of six measures that the operator of a Phase II regulated small municipal separate storm
sewer system (MS4) is required to include in its Stormwater management program to meet the
conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact
sheet outlines the Phase II Final Rule requirements and offers some general guidance on how to
satisfy them. It is important to keep in mind that the small MS4 operator has a great deal of
flexibility in choosing exactly how to satisfy the minimum control measure requirements.
Why Is The Control of Construction Site Runoff Necessary?
Polluted Stormwater runoff from construction sites often
flows to MS4s and ultimately is discharged into local
rivers and streams. Of the pollutants listed in Table 1,
sediment is usually the main pollutant of concern.
According to the 2000 National Water Quality Inventory,
States and Tribes report that sedimentation is one of the
most widespread pollutants affecting assessed rivers and
streams, second only to pathogens (bacteria). Sedimentation
impairs 84,503 river and stream miles (12% of the assessed
river and stream miles and 31% of the impaired river and
stream miles). Sources of sedimentation include agriculture,
urban runoff, construction, and forestry. Sediment runoff
rates from construction sites, however, are typically 10 to 20
times greater than those of agricultural lands, and 1,000 to
2,000 times greater than those of forest lands. During a
short period of time, construction sites can contribute
more sediment to streams than can be deposited naturally
during several decades. The resulting siltation, and the
contribution of other pollutants from construction sites,
can cause physical, chemical, and biological harm to our nation's
sediment can quickly fill rivers and lakes, requiring dredging and
Table 1
Pollutants
Commonly Discharged
From Construction Sites
Sediment
Solid and sanitary wastes
Phosphorous (fertilizer)
Nitrogen (fertilizer)
Pesticides
Oil and grease
Concrete truck washout
Construction chemicals
Construction debris
waters. For example, excess
destroying aquatic habitats.
What Is Required?
The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement,
and enforce a program to reduce pollutants in Stormwater runoff to their MS4 from
construction activities that result in a land disturbance of greater than or equal to one acre.
The small MS4 operator is required to:
Q Have an ordinance or other regulatory mechanism requiring the implementation of
proper erosion and sediment controls, and controls for other wastes, on applicable
construction sites;
Q Have procedures for site plan review of construction plans that consider potential
water quality impacts;
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Fact Sheet 2.6 - Construction Site Runoff Control Minimum Control Measure
Page 2
Q Have procedures for site inspection and enforcement
of control measures;
Q Have sanctions to ensure compliance (established in
the ordinance or other regulatory mechanism);
Q Establish procedures for the receipt and consideration
of information submitted by the public; and
Q Determine the appropriate best management practices
(BMPs) and measurable goals for this minimum
control measure. Suggested BMPs (i.e., the program
actions/activities) and measurable goals are presented
below.
What Are Some Guidelines for Developing and
Implementing This Measure?
Further explanation and guidance for each component of a
regulated small MS4's construction program is provided
below.
Regulatory Mechanism
Through the development of an ordinance or other regulatory
mechanism, the small MS4 operator must establish a
construction program that controls polluted runoff from
construction sites with a land disturbance of greater than
or equal to one acre. Because there may be limitations on
regulatory legal authority, the small MS4 operator is required to
satisfy this minimum control measure only to the maximum
extent practicable and allowable under State, Tribal, or local
law.
Site Plan Review
The small MS4 operator must include in its construction
program requirements for the implementation of appropriate
BMPs on construction sites to control erosion and sediment and
other waste at the site. To determine if a construction site is in
compliance with such provisions, the small MS4 operator
should review the site plans submitted by the construction site
operator before ground is broken.
Site plan review aids in compliance and enforcement efforts
since it alerts the small MS4 operator early in the process to the
planned use or non-use of proper BMPs and provides a way to
track new construction activities. The tracking of sites is useful
not only for the small MS4 operator's recordkeeping and
reporting purposes, which are required under their NPDES
stormwater permit (see Fact Sheet 2.9), but also for members of
the public interested in ensuring that the sites are in
compliance.
Inspections and Penalties
Once construction commences, BMPs should be in place and
the small MS4 operator's enforcement activities should begin.
To ensure that the BMPs are properly installed, the small MS4
operator is required to develop procedures for site inspection
and enforcement of control measures to deter infractions.
Procedures could include steps to identify priority sites for
inspection and enforcement based on the nature and extent of
the construction activity, topography, and the characteristics of
soils and receiving water quality. Inspections give the MS4
operator an opportunity to provide additional guidance and
education, issue warnings, or assess penalties. In early 2002,
EPA's Office of Compliance established a national workgroup
to address issues related to the construction industry. The
workgroup has developed a construction industry compliance
assistance Web site as a tool for builders and developers
(www.cicacenter.org). Inspectors can use the Web site to find
plain language explanations of the major environmental laws
affecting the construction industry as well as guidance that can
be distributed developers and construction site operators.
To conserve staff resources, one possible option for small MS4
operators is to have inspections performed by the same
inspector that visits the sites to check compliance with health
and safety building codes.
Information Submitted by the Public
A final requirement of the small MS4 program for construction
activity is the development of procedures for the receipt and
consideration of public inquiries, concerns, and information
submitted regarding local construction activities. This
provision is intended to further reinforce the public
participation component of the regulated small MS4
stormwater program (see Fact Sheet 2.4) and to recognize the
crucial role that the public can play in identifying instances
of noncompliance.
The small MS4 operator is required only to consider the
information submitted, and may not need to follow-up and
respond to every complaint or concern. Although some form
of enforcement action or reply is not required, the small MS4
operator is required to demonstrate acknowledgment and
consideration of the information submitted. A simple tracking
process in which submitted public information, both written
and verbal, is recorded and then given to the construction site
inspector for possible follow-up will suffice.
What Are Appropriate Measurable Goals?
Measurable goals, which are required for each minimum
control measure, are intended to gauge permit
compliance and program effectiveness. The measurable
goals, as well as the BMPs, should reflect the needs and
characteristics of the operator and the area served by its small
MS4. Furthermore, they should be chosen using an integrated
approach that fully addresses the requirements and intent of the
minimum control measure.
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Fact Sheet 2.6 - Construction Site Runoff Control Minimum Control Measure
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EPA has developed a Measurable Goals Guidance for Phase II
MS4s that is designed to help program managers comply with
the requirement to develop measurable goals. The guidance
presents an approach for MS4 operators to develop measurable
goals as part of their stormwater management plan. For
example, an MS4 program goal might be to educate at least 80
percent of all construction site operators and contractors about
proper selection, installation, inspection, and maintenance of
BMPs by the end of the permit term, which will help to ensure
compliance with erosion and sediment control requirements.
This goal could be tracked by documenting attendance at local,
State, or Federal training programs. Attendance can be
encouraged by decreasing permitting fees for those contractors
who have been trained and provide proof of attendance when
applying for permits.
Are Construction Sites Covered Under the
NPDES Stormwater Program?
Yes. On March 10, 2003, Phase II NPDES regulations came
into effect that extended coverage to construction sites that
disturb one to five acres in size, including smaller sites that are
part of a larger common plan of development or sale (see Fact
Sheet 3.0 for information on the Phase II construction
program). Sites disturbing five acres or more were regulated
previously. Most states have been authorized to implement the
NPDES stormwater program and have issued, or are developing
state-specific construction general permits. EPA remains the
permitting authority in a few states, territories, and on most
land in Indian Country, however. For construction (and other
land disturbing activities) in areas where EPA is the permitting
authority, operators must meet the requirements of the EPA
Construction General Permit (CGP). Permitting authority
information can be found in Appendix B of the CGP. CGP
permit requirements include the submission of a Notice of
Intent and the development of a stormwater pollution
prevention plan (SWPPP). The SWPPP must include a site
description and measures and controls to prevent or minimize
pollutants in stormwater discharges.
Even though all construction sites that disturb more than one
acre are covered by national NPDES regulations, the
construction site runoff control minimum measure for the small
MS4 program is needed to induce more localized site
regulation and enforcement efforts, and to enable operators of
regulated small MS4s to more effectively control construction
site discharges into their MS4s.
To aid operators of regulated construction sites in their efforts
to comply with both local requirements and their NPDES
permit, the Phase II Final Rule includes a provision that allows
the NPDES permitting authority to reference a "qualifying
State, Tribal or local program" in the NPDES general permit
for construction. This means that if a construction site is
located in an area covered by a qualifying local program, then
the construction site operator's compliance with the local
program constitutes compliance with their NPDES permit. A
regulated small MS4's stormwater program for construction
could be a "qualifying program" if the MS4 operator requires a
SWPPP, in addition to the requirements summarized in this
fact sheet.
The ability to reference other programs in the NPDES permit
is intended to reduce confusion between overlapping and
similar local and NPDES permitting authority requirements,
while still providing for both local and national regulatory
coverage of the construction site. The provision allowing
NPDES permitting authorities to reference other programs has
no impact on, or direct relation to, the small MS4 operator's
responsibilities under the construction site runoff control
minimum measure profiled here.
Is a Small MS4 Required to Regulate
Construction Sites that the Permitting Authority
has Waived from the NPDES Construction
Program?
No. If the NPDES permitting authority waives
requirements for stormwater discharges associated with
small construction activity (see 40 CFR § 122.26(b)(15)(i)),
the small MS4 operator is not required to develop, implement,
and/or enforce a program to reduce pollutant discharges from
such construction sites.
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Fact Sheet 2.6 - Construction Site Runoff Control Minimum Control Measure
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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
• EPA Construction General Permit and Fact Sheet
www.epa. gov/npdes/stormwater/cgp
• EPA Stormwater Management for Construction
Activities and Best Management Practices:
Developing Pollution Prevention Plans Guidance
"^ Construction Industry Compliance Assistance
Center, http://www.cicacenter.org/
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