PROCESS FOR ISSUING SMALL MS4 PERMITS
Comprehensive (One - Step) General Permit Approach
For comprehensive small MS4 general permits, the NPDES authority issues a permit that includes
the full set of requirements necessary to meet the MS4 permit standard. Under this type of
permit, all requirements are contained within the general permit, and no additional requirements
are established after permit issuance, as is the case with the "Two-Step General Permit."
KEY CONCEPTS:
MS4 Permit Standard: Regulated MS4s are required to reduce the discharge of
pollutants from its MS4 to the maximum extent practicable (MEP), protect water
quality and satisfy the appropriate water quality requirements of the Clean Water Act.
Iterative Approach: Permit requirements must continue to meet the MS4 permit
standard in subsequent permit terms in consideration of current water quality
conditions, evaluation of current permit requirements, record of permittee
compliance, permit implementation progress, and other relevant information.
IDENTIFY PERMITTEES & EVALUATE DATA
Identify Permittees
Identify traditional and
non-traditional MS4s
for permit coverage
considering the latest
decennial Census
definition of Urbanized
Area and/or other
designation criteria.
Evaluate existing MS4
waivers and potential
for new waivers.
Evaluate Data
Evaluate progress toward
meeting the MS4 permit
standard over the previous
permit term. Consider
information from NOIs, SWMPs,
Annual Reports, data on water
quality conditions, and other
relevant data sources.
Identify which MS4s discharge
to impaired waters and any
applicable TMDLs.
U PERMIT WRITING
Develop Permit Conditions
Develop clear, specific and measurable
requirements for the general permit addressing:
Minimum Control Measures
(e.g., requirements that address MS4-
specific actions to be taken for pollution
prevention).
• Water Quality Protection
(e.g., requirements that address TMDLs and
other water quality concerns).
Evaluation, Recordkeeping, and Reporting
consistent with the NPDES e-Reporting Rule.
Notice of Intent
Specify required information
to be submitted in the NOI.
At a minimum, this
information must include:
•	Legal name and address
of MS4 operator
•	MS4 address
•	Receiving water
Fact sheet
Prepare Fact sheet
that explains how
the permit meets
the MS4 permit
standard.
e
REVIEW AND PUBLIC PARTICIPATION \
Q ISSUE FINAL PERMIT
\
e
AUTHORIZATION TO DISCHARGE

EPA-State Reviews
Public Notice and Comment \
Issue General Permit
MS4s Submit NOIs \

MS4s that have submitted a

For State-issued permits,
provide 90 days for EPA to
on Draft Permit \
Publish draft permit with a \
Upon issuance, NPDES
authority provides
Review submitted \
NOIs for eligibility \

complete NOI will be authorized to
discharge in accordance with the
terms and conditions of the general
permit.

review and comment on
draft general permit.
minimum 30-day public 1
comment period.
i appropriate notice to
V eligible MS4s and the
and completeness. 1
• If NOI is
incomplete, it may
be rejected or §
returned with a g
request for missing M


For EPA-issued permits,
initiate ESA and NHPA
consultations, and CWA
Section 401 certification
• Hold public hearing if (
requested and if significant m
degree of public interest, or M
clarification is needed. M
M public of the availability
f ofthefinal permit.
* Finalize permit support
documents (i.e.,
)
MS4s may be provided coverage
after a waiting period specified in
the general permit, on a date
specified in the general permit, or
upon receipt of notice of coverage
from the NPDES authority.

process with States/Tribes
(if Treatment as a State
applies).
Receive, process, and respond m
to public comments, and M
~~ /
response to comments;
for EPA-issued permits
complete the
administrative record).
information from §
1 /

NOTE: This document does not contain or impose any legally binding requirements on EPA, states, or the regulated community, and does not confer legal rights or impose legal obligations upon any member of the
public. EPA made every attempt to ensure the accuracy of this document; however, in the event of a conflict between this document and any statute, regulation, or permit, the statute, regulation, or permit controls.
September5, 2018

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PROCESS FOR ISSUING SMALL MS4 PERMITS
Two-Step General Permit Approach
For two-step small MS4 general permits, the permit conditions are developed in two distinct
steps. In the first step, the NPDES authority establishes clear, specific, and measurable
requirements for some program areas in the base general permit. For any areas of the permit
not fully addressed in the base general permit by clear, specific, and measurable requirements,
a second permitting step (see part 5) is necessary to establish additional requirements for
individual MS4s based on information they submit to the permitting authority.
KEY CONCEPTS:
MS4 Permit Standard: Regulated MS4s are required to reduce the discharge of
pollutants from its MS4 to the maximum extent practicable (MEP), protect water
quality and satisfy the appropriate water quality requirements of the Clean Water Act.
Iterative Approach: Permit requirements must continue to meet the MS4 permit
standard in subsequent permit terms in consideration of current water quality
conditions, evaluation of current permit requirements, record of permittee
compliance, permit implementation progress, and other relevant information.
IDENTIFY PERMITTEES & EVALUATE DATA
DEVELOP "FIRST STEP" BASE GENERAL PERMIT
Identify Permittees
Identify traditional
and non-traditional
MS4sfor permit
coverage considering
the latest decennial
Census definition of
Urbanized Area
and/or other
designation criteria.
Evaluate existing
MS4 waivers and
potential for new
waivers.
Evaluate Data
Evaluate progress
toward meeting the MS4
permit standard over the
previous permit term.
Consider information
from NOIs, SWMPs,
Annual Reports, data on
water quality conditions,
and other relevant data
Identify which MS4s
discharge to impaired
waters and any
applicable TMDLs.
Develop Base General
Permit Conditions
Develop clear, specific, and
measurable requirements forthe
general permit addressing:
Minimum Control Measures
(e.g., requirements that address
MS4-specific actions to be taken
for pollution prevention).
Water Quality Protection
(e.g., requirements that address
TMDLs and other water quality
concerns).
Evaluation, Recordkeeping, and
Reporting consistent with the
NPDES e-Reporting Rule.
Describe Second Step Permitting Process &
Develop NOI Requirements
Specify which permit requirements will be developed
using the second permitting step based on permittee-
provided information.
Detail the review and approval process forthe second
step permit conditions. This can be included in the
permit orthefact sheet. The process must include
procedures for:
•	NPDES authority review
•	Public notice and comment
•	Opportunity to request a public hearing
•	Notice of authorization
Specify required information to be submitted as part of
the NOI or in a separate submission (with a specified
time frame) that will be relied on to establish the
second step permitting requirements.
Fact sheet
Prepare Fact sheet
that explains how
the permit meets
the MS4 permit
standard.
REVIEW AND PUBLIC PARTICIPATION
EPA-State Reviews
For State-issued permits, provide
90 days for EPA to review and
comment on draft general permit.
For EPA-issued permits, initiate
ESAand NHPA consultations, and
CWA Section 401 certification
process with States/Tribes
(if Treatment as a
State applies).
Public Notice and Comment
on Draft Permit
Publish draft permit with a
minimum 30-day public
comment period.
Hold public hearing if requested
and if significant degree of public
interest, or clarification is needed.
Receive, process, and respond to
public comments, and revise
permit accordingly.
ISSUE FINAL BASE
GENERAL PERMIT
Issue General Permit
• Upon issuance, NPDES
authority provides
appropriate notice to
eligible MS4s and the
public.
Finalize permit support
documents (i.e. response
to comments; for EPA-
issued permits, the
administrative record). J
^ COLLECT NOIs/SECOND STEP INFORMATION
Review submitted NOIs for eligibility and completeness
If NOI is incomplete, it may be rejected or returned with
L	a request for missing information from the MS4.
If second step information submitted ^
AFTER the NOI. f
PROCEED TO
' STEP 6

If second step information submitted \
WITH the NOI. }
PROCEED TO
> STEP 7

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SEPA
PROCESS FOR ISSUING SMALL MS4 PERMITS
Two-Step General Permit Approach
(Process continued from previous page)
Authorize MS4sto
discharge under the
base general permit
contingent on the
submittal of
information required
for the second step.
SECOND STEP PROCESS
Collect Second Step	D
Information	S
Permit will specify
the time allowed for
the MS4sto develop
and submit
information
required for the
second step.
Develop Draft Second
Step Permit Conditions
Based on information
submitted by the MS4,
develop draft permit
conditions forspecific
MS4s. These permit
conditions will address
areas of the permit not
already fully addressed
in the base general
permit, and which are
necessary to meet the
MS4 permit standard.
Note: This step is not
considered a permit
modification.
EPA Review & Public Notice and Comment on
Second Step Permit Conditions
For State-issued permits, provide EPA with the
opportunity to review draft second step permit
conditions in accordance with procedures agreed
upon between EPA and the State in the MOA.
Public Notice and Comment
In order to formally incorporate the additional
permit requirements as permit conditions, the
permitting authority must:
• Publish public notice with a minimum 30-day
public comment period.
Hold public hearing if there is significant
degree of public interest.
Receive, process, and respond to public
comments, and revise permit accordingly.
Additional Steps for EPA-lssued Permits
For EPA-issued permits, consider whether
consultation is needed under ESA or NIHPA, and
whether Section 401 certification is required for
the proposed additional permit requirements.
Q FINAL NOTICE OF SECOND
STEP AUTHORIZATION
Upon completion of the second
step, NPDES authority must notify
the MS4, and any person who has
submitted comments or has
requested notice, that the MS4's
discharge is authorized subject to
the terms of the base general
permit and the second step
k	permit conditions.
1 Finalize permit support
I documents (i.e. response to
I comments; for EPA-issued
permits, the administrative
record), if necessary, based on
additional second step permit
requirements.
NOTE: This document does not contain or impose any legally binding requirements on EPA, states, or the regulated community, and does not confer legal rights or impose legal obligations upon any member of the
public. EPA made every attempt to ensure the accuracy of this document; however, in the event of a conflict between this document and any statute, regulation, or permit, the statute, regulation or permit controls.

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