v>EPA United States Environmental Protection Agency Office of Water EPA 833-F-00-009 (4203) January 2000 (revised December 2005) Fact Sheet 2.7 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 Post-Construction Runoff Control Minimum Control Measure This fact sheet profiles the Post-Construction 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 in order to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sheet outlines the Phase II Final Rule requirements for post-construction runoff control and offers some general guidance on how to satisfy those requirements. 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 Post-Construction Runoff Necessary? Post-construction Stormwater management in areas undergoing new development or redevelopment is necessary because runoff from these areas has been shown to significantly affect receiving waterbodies. Many studies indicate that prior planning and design for the minimization of pollutants in post-construction Stormwater discharges is the most cost-effective approach to Stormwater quality management. There are generally two forms of substantial impacts of post-construction runoff. The first is caused by an increase in the type and quantity of pollutants in Stormwater runoff. As runoff flows over areas altered by development, it picks up harmful sediment and chemicals such as oil and grease, pesticides, heavy metals, and nutrients (e.g., nitrogen and phosphorus). These pollutants often become suspended in runoff and are carried to receiving waters, such as lakes, ponds, and streams. Once deposited, these pollutants can enter the food chain through small aquatic life, eventually entering the tissues offish and humans. The second kind of post- construction runoff impact occurs by increasing the quantity of water delivered to the waterbody during storms. Increased impervious surfaces (e.g., parking lots, driveways, and rooftops) interrupt the natural cycle of gradual percolation of water through vegetation and soil. Instead, water is collected from surfaces such as asphalt and concrete and routed to drainage systems where large volumes of runoff quickly flow to the nearest receiving water. The effects of this process include streambank scouring and downstream flooding, which often lead to a loss of aquatic life and damage to property. 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 post-construction runoff to their MS4 from new development and redevelopment projects that result in the land disturbance of greater than or equal to 1 acre. The small MS4 operator is required to: Q Develop and implement strategies which include a combination of structural and/or non- structural best management practices (BMPs); Q Have an ordinance or other regulatory mechanism requiring the implementation of post- construction runoff controls to the extent allowable under State, Tribal or local law; ------- Fact Sheet 2.7 - Post-Construction Runoff Control Minimum Control Measure Page 2 Q Ensure adequate long-term operation and maintenance of controls; Q Determine the appropriate best management practices and measurable goals for this minimum control measure. What Is Considered a "Redevelopment" Project? The Phase II Final Rule applies to "redevelopment" projects that alter the "footprint" of an existing site or building in such a way that there is a disturbance of equal to or greater than 1 acre of land. Redevelopment projects do not include such activities as exterior remodeling. Because redevelopment projects may have site constraints not found on new development sites, the Phase II Final Rule provides flexibility for implementing post-construction controls on redevelopment sites that consider these constraints. What Are Some Guidelines for Developing and Implementing This Measure? This section includes some non-structural and structural BMPs that could be used to satisfy the requirements of the post-construction runoff control minimum measure. It is important to recognize that many BMPs are climate-specific, and not all BMPs are appropriate in every geographic area. Because the requirements of this measure are closely tied to the requirements of the construction site runoff control minimum measure (see Fact Sheet 2.6), EPA recommends that small MS4 operators develop and implement these two measures in tandem. Q Non-Structural BMPs • Planning Procedures. Runoff problems can be addressed efficiently with sound planning procedures. Local master plans, comprehensive plans, and zoning ordinances can promote improved water quality in many ways, such as guiding the growth of a community away from sensitive areas to areas that can support it without compromising water quality. • Site-Based BMPs. These BMPs can include buffer strip and riparian zone preservation, minimization of disturbance and imperviousness, and maximization of open space. G Structural BMPs • Infiltration BMPs. Infiltration BMPs are designed to facilitate the percolation of runoff through the soil to ground water, and, thereby, result in reduced stormwater runoff quantity and reduced mobilization of pollutants. Examples include infiltration basins/trenches, dry wells, and porous pavement. • Vegetative BMPs. Vegetative BMPs are landscaping features that, with optimal design and good soil conditions, remove pollutants, and facilitate percolation of runoff, thereby maintaining natural site hydrology, promoting healthier habitats, and increasing aesthetic appeal. Examples include grassy swales, filter strips, artificial wetlands, and rain gardens. 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 needs and characteristics of the operator and the area served by its small MS4. Furthermore, the measurable goals should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. 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 reduce by 30 percent the road surface areas directly connected to storm sewer systems (using traditional curb and gutter infrastructure) in new developments and redevelopment areas over the course of the first permit term. Using "softer" stormwater conveyance approaches, such as grassy swales, will increase infiltration and decrease the volume and velocity of runoff leaving development sites. Progress toward the goal could be measured by tracking the linear feet of curb and gutter not installed in development projects that historically would have been used. Stormwater Retention/Detention BMPs. Retention or detention BMPs control stormwater by gathering runoff in wet ponds, dry basins, or multichamber catch basins and slowly releasing it to receiving waters or drainage systems. These practices can be designed to both control stormwater volume and settle out particulates for pollutant removal. ------- Fact Sheet 2.7 - Post-Construction Runoff Control Minimum Control Measure 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 V& Other EPA Web sites • Ordinance Database www.epa. gov/owow/nps/ordinance • Urban Nonpoint Source Guidance www. epa. gov/owow/nps/urbanmm/index. html • Low Impact Development Web site www.epa. gov/owow/nps/lid ------- |