Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
SWP273058
Work*ing Hazardous Waste Help to Reduce Website On-site Consultation www.metrokc.gov/hazwaste/ 206-263-3090 HazardousWaste Email Response Line The Local Hazardous Waste Management Program in Kin Count haz.waste@metrokc.gov 206-263-3040 g g y Hazards Line (HHW) Voucher Incentive Program 206-296-4692 206-263-3038 Business Waste Line EnviroStars 206-296-3976 1-877-220-7827 (STAR) Industrial Materials Exchange ' 206-296-4899 �e Local Hazardous Waste Management Program tr � in King County 130 Nickerson St., Ste. 100 Seattle, Washington 98109-1658 For additional copies, call 206-263-3050. _..�.•-y� This information is available on request in accessible formats for persons with disabilities by calling 206-263-3050 (voice) r. or 206-296-0100 (TYY:King County Information.) �r y ' September 1999 .o 4k Printed on recycled paper with postconsumer content. ; +_- Prog-2a(4/95) Rev.9/99 - `. Y State laws make everyone responsible for managing hazardous waste, from householders who use paint and pesticides to small businesses with leftover solvent, ink and wood finish. In King County the Local Hazard- Partnerships with community Schools and Youth Program ous Waste Management Program organizations reach a broad www.metrokc.gov/hazwaste/ ' focuses on waste produced b This jointly operated, regional P y demographic audience. teachers/ v households and small businesses. program covers new ground in This program is a resource for The program is an intensive effort coordination and cooperation. Master Home Environmentalist teachers, students, school adminis- More than 63,000.6mil to reduce and properly manage While each agency has separate uses trained volunteers to educate trators parents and youth leaders. businesses and 1.6 million responsibilities, the all work that waste through education, P Y � others about toxics in the home. citizens in the county each collection and technical assistance together in implementation and Services include: produce small quantities of services. long-term planning. Paint Waste • Classroom presentations for hazardous waste. Reduction edUCa- grades 4-12 Hazardous waste is a growing Program services include: tion reaches do-it- problem in King County and •Education (for the public and yourselfers in paint • Hazards on the Homefront, a elsewhere. More than 63,000 schools) on household and hardware stores. HHW teacher's guide for businesses and 1.6 million citizens hazardous waste grades 4-12 Household Hazardous in the county each produce small Waste Collection quantities of hazardous waste. In •Household hazardous waste • Adult leader trainings Local governments share respon- The wastes include 1991 county residents and busi- collection fixed sites and sibilit for household hazardous pesticides, paints, nesses collective) dumped an ( , • Teaching materials for loan y motor ail, printing mks y P Wastemobile) � waste collection. Seattle Public p g estimated 20,000 tons of hazardous • Teacher website including a Utilities operates two permanent and other materials. waste in the trash, down the •Small business (small quan- list of available videos and Seattle sites - one in the south sewer, into storm drains or di- tity generator, or SQG) books end and one in the north - rectly onto the ground. The wastes education, technical assis- where households can drop off include pesticides, paints, motor tance and help with compli- • Interactive traveling exhibit hazardous waste. oil, printing inks and other ance issues • Special projects with schools materials. ro P P 1 The Wastemobile, operated by •SQG collection and waste and youth groups King County Solid Waste, visits 26 handling information sites (including suburban cities) in the county each year to accept The local program is a cooperative effort •Hazardous Waste Library FOR MORE HELP. , , wastes. These sites provide among several agencies: Hazardous Waste Library information about alternatives to Industrial Materials y- 206-263-3051 hazardous products. In addition, • WEBSITE:www.metrokc.gov/hazwaste/ Exchange www•metrokc.gov/hazwoste/hwl Email: haz.waste@metrokc. / many suburban cities hold • Public Health- Seattle & King County •Hazards Line and Business gov occasional special collection days 206-296-4722 Waste Line The Hazardous Waste Library offers small for household hazardous waste. businesses, citizens, agency staff and local • King County Water and Land Resources Division •Website program Promotes over150 Officials one place to go for hazardous waste The ro ram oil 206-263-3050 information. The library has on-site resources city and county used motor oil The program is funded through and is linked by computer to environmental collection sites, including Tube • King County Solid Waste Division fees added onto commercial and information throughout the world. The pro- shops,gas stations and auto parts 206-296 6542 residential garbage and sewer ` gram librarian maintains the LHWMP website. stores, for do-it-yourselfers to • rates. The year 2000 budget for An recycle used motor oil. Some Seattle Public Utilities/Solid Waste Management Y g Anyone in King County can request hel in paint stores also accept latex 206-684-7600 all elements of the program is person, by phone, via email or on the Web. $11.6 million. paint for recycling. • Suburban Cities Association 206-236-7676 © 0 Working Together to Reduce Hazardous Waste Household Hazardous Waste Services F���. King Co.Water and Land Resources Division SMALL On-site Consultation Interagency Regulatory Since the best way to reduce waste Pesticide Education projects QUANTITY 206-263-3090 Analysis Committee is not to produce it in the first discourage the use of bug and GENERATORS Public Health-Seattle & assists SQGs with bazardous fax: 206-263-3080 place, household hazardous waste weed killers: King Co waste management reviews and coordinates regulations services encourage people to buy Business Waste Line Survey Team EnviroStars and use less hazardous alterna- • The Natural Lawn Care 206-296-3976 assists SQGs by locale recognition program tives. Project reaches a broad public Industrial Materials 877-220-7827 (STAR) through advertising, media , Exchange Response Team g g� 9 206-263-3040 Voucher Incentive Program Hazards Line relations, promotional events 206-296-4899 handles complaint calls 206-263-3038 206-296-4692 or and other means. Audit Team Technical assistance Waste Information Network 1-888-ToxicEd assists S Gs b business type 206-263-3050 Hazards line The Green Gardening Q y yp and research 206-296-4692 or This telephone hotline provides g government, business, non-profit household hazardous waste (not Program educates residents Website collaboration 1-888-ToxicEd and landscape professionals. business waste) information. The p p www.metrokc.gov/hazwaste/smalibiz/ Hazards Line tells citizens where •Grow Smart, Grow Safe Household Hazardous Waste to dispose of their hazardous publication rates 300 lawn Kin Co.Solid Waste Division waste and makes appointments for p Public Health-Seattle& King Co 9 www.metrokc.gov/hazwaste/ the Aurora Household Hazardous and garden products for their Hazards Line Mobile collection house/ effects on health and the Wiistemobile Waste Collection site. 206-296-4692 environment. Public education Special collection projects Household Hazardous paint and oil recpcling Schools and Youth Program The HHW Website provides programs Waste Education information on less-toxic pest www.metrokc.gov/hazwaste/ p Public information and outreach teachers www.metrokc.gov/hazwaste/ control methods,cleaningrod- / house/ p Schools program Education efforts focus on reduc- ucts, auto and paint products and on proper disposal. ing waste by encouraging people %nr Website to buy and use alternatives to HOUSEHOLD www.metrokc.gov/hazwaste/house/ hazardous products. HAZARDOUS King Co.Water and Land WASTE Resources Division Public Health - Seattle & King A ® ® Public information and County, Seattle Public Utilities, ® ® outreach King County Solid Waste and Water and Land Resources Divi- ® Seattle Public Utilities Schools and youth program sions and many suburban cities � have staff working on HHW Fixed collection sites education. These agencies coordi- Special collection projects Suburban Cities Association nate their efforts with other t C `�`® paint and oil recpclaug Public information and organizations such as the Wash- Public information and outreach/ outreach ington Toxics Coalition, American waste reduction promotion Special collection Lung Association, King County events Cooperative Extension and Seattle Tilth' GENERAL King Co.Water and Land Resources Division SERVICES Hazardous Waste Library 206-263-3051 Public Health-Seattle& Brochures and printed materials King Co 206-263-3050 Program evaluation Monthly newsletter Plashpoint 0 Budget management 206-263-3050 Small Business Services Small quantity generators (SQGs) Field Visits - On-site consultation team Voucher Incentive Program Interagency Regulatory are businesses that produce less Four field teams work directly 206-263-3090 206-263-3038 Analysis Committee (IRAC) than 200 pounds of hazardous with small businesses to tailor Consultation staff make on-site Qualified businesses can be Fax: 206-263-3080 waste each month. Program hazardous waste management - visits if invited by a business. Only reimbursed for costs of properly This interagency group reviews services help these businesses information to their particular SQGs or businesses that are managing hazardous wastes. regulations and ordinances, such Website: comply with regulations and needs: potential SQGs qualify. Staff work Vouchers cover 50 percent of the as fire codes, drainage codes and www.metrokc.gov/ reduce waste and help businesses with business owners to develop amount spent, up to $500 maxi- hazardous waste regulations, for that generate more waste to - Survey team The survey team practical hazardous waste han- mum for hauling, disposal, compatibility IRAC works to hazwaste/smallbiz/ g visits all businesses in selected p g' p p y� become SQGs. dling programs, reduce waste and recycling or purchase of certain resolve regulatory gaps and geographic areas to identify SQGs, comply with regulations. equipment. contradictions among these codes Business Waste Line observe their hazardous waste and regulations. Business Waste Line 206-296-3976 handling practices, answer ques- • Response team EnviroStars g 206 296 3976 The Business Waste Line tions and assess their needs. Data 206-263-3040 877-220-7827 Hazardous Waste Library answers question411 collected by the survey team are The response team answers (STAR) or - 206-263-3051 from smallused to develop educational hazardous waste complaint calls www.metrokc.gov/ ;Y Email: hazwaste@metrokc.gov On-site consultation team businessesmaterials and to identify business from the general public, businesses hazwaste/estars/ The Hazardous Waste gov 206-263-3090 Library about hazard- types for future program efforts. and other agencies. The team offers small businesses ous waste. investigates complaints and works This ENVIRO STARS citizens agency staff and Staff also • Audit team Focused by business with business owners to resolve program local officials one lace to o Response team HAZARDOUS WASTE HELP type rather than location the recognizes p g p make referrals YP � problems. businesses that properly manage for hazardous waste information. 206-263-3040 audit team visits SQGs that are to other agen- Q and/or reduce hazardous waste. The library has on-site resources cies and vendors and part of a priority business sector, Industrial Materials Exchange and is linked b computer to such as autobod repair shops and 206-296-4899 or By doing so, it prompts consumers y p send out print materials. The line Y P � P environmental information Interagency Regulatory may be used to report complaints screen print shops. The audit team www.metrokc.gov/hazwaste/imex/ to patronize businesses that are Analysis Committee (IRAC) y p p helps businesses implement best environmentally sound. Window throughout the world. Anyone in y and hazardous waste violations. P P The Industrial Materials Exchange decals with two, three, four or five King County can request help in Fax: 206-263-3080 Calls are anonymous if requested. management practices, provides (IMEX is a free service to match person, b hone or via email. stars are given to qualified SQGs. p y p written materials tailored to businesses that produce wastes or Other forms of recognition include 1 SQG Technical Assistance specific industries and helps with surplus materials with businesses g Waste Information Network P ads, wall certificates and nomina- Voucher Incentive Program Technical staff provide help with compliance issues. 206-263�050 206-263-3090 waste reduction, recycling and that need them. Listings tions for other awards. W.I.N. is a network of businesses, treatment, and develop best can be found in abimonthly catalog or ��jWX agencies, non-profit organizations management practices for small and individuals that collaborate to on the website. INDUSTRIAL EnviroStars businesses. Staff promote the MATERIALS promote pollution prevention and 877-220-7827 (STAR) or exchange of information between EXCHANGE improve waste management www.metrokc.gov/ those that develop new technolo- practices. hazwaste/estars/ gies and those that need them and and conduct studies to determine whether or not certain waste Industrial Materials Exchange materials are hazardous. 206-296-4899 or www.metrokc.gov/ hazwaste/imex/ 0 { f. a�STATE O RECEIVEr.) O y J APR 03 Ll�ryry 0tS �Hy 1889 °yam CITY�,L RENT(�N STATE OF WASHINGTON -108LIC' ;OPKS A IN DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425)649-7000 March 28, 2003 Gregg Zimmerman Public Works Administrator 1055 S Grady Way Renton, WA 98055 Dear Gregg Zimmerman: I am writing to you in regard to your city's stormwater management. The Department of Ecology has notified you of your designation as a Phase II city. You are required by law to apply for a Phase II National Pollutant Discharge Elimination System (NPDES) municipal stormwater discharge permit by March 10, 2003. Please let me know if you need more time and any assistance from the Department. I am currently updating our data base to ensure your compliance and success with the upcoming NPDES stormwater permit. I appreciate your assistance by providing us with answers to the following questions: 1) Have you adopted the Department of Ecology's latest, 2001 Stormwater Management Manual for Western Washington?as Yes No �/ 2) If you answered no to question # 1, what manual have you adopted or planning to adopt? Name of the Manual and whether it is equivalent to the DOE 2001 Manual: 'v6itiu V--+!n 3) Have you formed the Stormwater Utility for your city/town yet? When:Yo 19 b`l19 �3`l 4) Have you adopted any Stormwater Ordinance and Enforcement Program? Yes y No 0 cv"_!18 cot t - March 28, 2003 Page 2 of 2 5) If you answered yes to question#4, have you submitted a copy of it to Ecology? Yes [/ No C.; � D� S�etwr pN ���'0e srw.�� t�ePl i� c C_&/ C, /'en,13,-, . _"4- - U� 6) Have you adopted a Stormwater Operation and Maintenance Program? Yes ✓ No 7) If you answered yes to question #6, have you submitted a copy of it to Ecology? Yes No ✓ 8) Have you submitted your Stormwater Management Program to the Department of Ecology for review and approval or concurrence? - Yes No l/ 9) Does your Stormwater program contain the elements as recommended by the Puget Sound Plan? Yes ✓ No 10) Do you need any technical or financial assistance to establish a successful stormwater program? Yes V No I have enclosed the latest version of the Puget Sound Action Team (Puget Sound Plan) draft guidelines for your review. If you have any questions on this guideline, or if you need any technical assistance, please call me at (425) 649-7227. I can also be reached via e-mail. My e-mail address is eabb461 @ecy.wa.gov. Thank you again for your attention to this matter. I look forward to working with you more closely to ensure your compliance. W.E. l Stormwater Engineer Northwest Regional Office EA:gm cc: Central File ➢ Set up a timeline for completion of the Stormwater Facts LOCAL permit application, based upon In urban areas clearing and building are Council and Departmental meeting among the leading causes of stormwater schedules with a March 10, 2003 pollution in Western Washington. GOVERNMENTS deadline. Clearing removes protective vegetation ➢ Make sure work on the Permit is making soil vulnerable to erosion. As included in your 2003 budget buildings go up, stormwater flowing over . AN planning. exposed soil carries sediment into storm ➢ Contact neighboring jurisdictions for drains, streams and lakes. Pesticides, fertilizers, and other chemicals can become STO R M WAT E R ideas and coordination of resources. pollutants when carried off by stormwater. ➢ Go to the following websites for a Vegetated areas cause little stormwater copy of the Model NPDES Phase II runoff. When those areas are replaced by CONTROL application or NOI, as well as links to impervious surfaces (buildings, roads, other helpful sites: www.ecy.wa.gov, parking lots) stormwater runoff is increased, Dept. of Ecology— go to Water and can cause streams to flood more in the Quality Home page, or winter and to dry out more in the summer. www.awcnet.org - AWC, look under Untreated stormwater flowing over paved Member Services. and other impervious surfaces, carries toxic An Informational Brochure Need for legislative direction metals, organic compounds, pathogens and Legislative liaisons from the Association other pollutants that end up in rivers, of Washington Cities (AWC), the streams, lakes, Puget Sound, and the ocean Washington State Association of and can harm people and fish. Counties (WSAC) and Department of In some areas such as Spokane County and Ecology, will be working with our State parts of Pierce and Clark Counties, gravelly Legislators during the 2003 session to soils allow rapid infiltration of stormwater. Untreated stormwater discharging to the obtain direction on what the ultimate ground may contaminate aquifers that are objective of Washington's phase II used for drinking water program is (meeting EPAs 6 measures or This brochure was developed as to protect water quality); clarification For further information, please contact a collaborative effort between about which local jurisdictions will be Dave Williams at AWC (360) 753-4137, the Association of Washington covered by the permit and what areas email: davewtu'D Cities, the Washington State within Paul Parker at Association of Counties, the within those jurisdictions will be covered. WSAC (360) 753-1886, email: Department of Ecology, city Legislators will also be asked who will pgarker(aDwacounties.org, or Bill Moore with Engineers Association of pay for the permit program and what Ecology at (360)407-6000, email: Washington and Stormwater should be included in the 6 minimum bmoo461(cDecY.wa.gov. Managers in Washington State. measures. Local Government Officials: • Public Education and Outreach If your community has been designated Phase II also requires considering cities . Illicit Discharge Detection and an NPDES Phase II jurisdiction, or may of 10,000 or more outside urbanized Elimination potentially be designated as such, this areas for permit coverage. While 91 . Post-Construction Runoff Control brochure may be Washington cities are identified for Phase . Public Participation/Involvement of interest to you. II coverage, about 10 more are . Construction Site runoff Control potentially covered. While six Phase II . Pollution Prevention/Good Stormwater Permits */ /� counties are identified, only their urban Housekeeping Stormwater discharges portions require Phase II coverage, from construction and industrial activities creating potential implementation To address these elements, each local and some municipalities require a problems. The limitation of Phase II to jurisdiction must develop an action plan National Pollutant Discharge Elimination the census defined urban areas is true and institute Best Management Practices System (NPDES) permit. They also for cities also. (BMPs) that work towards achieving the require Waste Discharge Permits from goal of clean water. BMPs can be as the State. The Clean Water Act allows RCW 90.48.260 vests �, simple as educating the public about federal permits issued by states to the Department of when best to water their lawns and as include state requirements, which may Ecology with ; - complex as facilities to detain and treat ' stormwater. also be more stringent. implementing the - ; Clean Water Act in . Phase I Washington. '`' What are local jurisdictions doing? There are 2 phases for the stormwater Ecology worked Survey work has been completed that permit program. Phase I which has been with local Stormwater Managers to indicates that many cities and counties in in effect since 1990, involves stormwater develop a permit application process that Washington State have stormwater plans discharges impacting communities with meets the Phase II deadline of March 10, or are developing plans that address more than 100,000 in population (Seattle 2003. That application, or Notice of EPAs 6 minimum measures to manage and Tacoma and the unincorporated Intent (NOI) is now available. stormwater. Other communities, in areas of King, Pierce, Snohomish and particular the smaller ones with limited Clark Counties). Of interest to impacted local staff and funds, are just starting to think governments, is the content of the about how to comply with Phase II. Phase II application. Under Phase II of the NPDES permit How to get started? program, all other municipalities in What do EPA's Phase II rules ➢ Make sure all your applicable urbanized areas (as defined in the 2000 require? city/county departments coordinate on Census) must also apply for a NPDES EPA rules require municipalities to filling out the permit. Stormwater municipal stormwater permit by March develop stormwater programs that issues can affect more than just the 10, 2003. The permit for Washington's address the following six main elements: Public Works Department. Planning Phase II program has yet to be written and Parks will need to be informed, due to Ecology's staffing issues. as well as others. �/yew CITY OF RF,NTON ..11. Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 15, 2003 Erika Schmidt The Frause Group 3131 Elliott Ave., STE 280 Seattle, WA 98121 SUBJECT: INFORMATION FOR ARTICLE ON BUSINESSES IN RENTON Dear Erika, The purpose of this letter is to provide information for an Envirostars and Local Hazardous Waste Management Program (LHWMP)publicity project. The information includes a general description of how Renton and the LHWMP work cooperatively and more detailed information about how the Water Utility benefits from services offered by LHWMP. The City of Renton welcomes the assistance that we receive from the LHWMP as we work to protect natural resources and the environment. LHWMP efforts to reduce and properly manage hazardous waste complement: 1. Water Utility and Surface Water Utility efforts to protect water resources for the purpose of drinking water,wildlife habitat, and recreation; 2. Fire Prevention Division efforts to minimize the risks to people and property presented by storage and use of hazardous chemicals; and 3. Solid Waste Utility efforts to minimize hazardous waste. All of the above entities(and the citizens of Renton)benefit from LHWMP public education, technical assistance to local businesses, and household hazardous waste collection. The Renton Aquifer Protection Program includes land use restrictions in the Aquifer Protection Area(ARA), regulations-governing operating procedures for facilities located in_the APA, public education, aquifer monitoring, and emergency response to chemical spills. Aquifer protection regulations are intended to ensure that facilities in the APA operate in ways that protect water resources. The periodic Survey of Renton Businesses performed by the LHWMP Survey Team is helpful for at least two reasons: 1. Excellent information on best management practices is provided to business owners; and 2. Useful data on operations and waste management practices is collected and made available to the City for planning purposes. Another plus is that the Survey Team is willing to focus on certain geographical areas or facilities that the City has identified. These areas or facilities may be identified to coincide with special protection areas such as the APA, areas of lower than average surface water quality, or areas about which the City has little information about hazardous waste management practices. Using HAFile Svs\WQA-Water Quality\WQA-02-Aquifer Protection\Correspondence\ESchmidtAPP Info.doc\CB\tb R E N T ® 1 V 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE April 15, 2003 Page 2 data collected during the Survey, City staff may plan outreach programs in the areas that exhibit the greatest need. While the Survey provides important benefits,the Water Utility also depends on ongoing services provided by the LHWMP for implementation of the Aquifer Protection Program. The Water Utility surveys business and government facilities in the APA annually to check on operating procedures and storage of hazardous chemicals to verify that standards are met prior to issuing an Operating Permit. The Water Utility staff frequently consults with LHWMP experts on technical issues, refers business and facility owners to the Voucher Incentive Program for financial assistance, and recommends that owners seek Envirostar recognition. Business owners and government facility operators have made tremendous efforts to protect the aquifer in the ten years since aquifer protection regulations were adopted. Those making outstanding efforts would be too numerous to list and the breadth of improvements too great to detail, but some examples are provided below 1. Bryant Motors spared no-,effort m reducing their hazardous materials inventory total from 2,000 to 500 gallons. gThey, installed secondary containment, developed detailed hazardous material records;�anct nfodified buswas,, fo prevent runoff to storm sewers. `; 2. Friedel's Service reduced-,their inventory of hazardousinaterial"s, installed secondary containment for petroleum products,tested,floor�drainsto verify"connection to sanitary sewer, and obtained spill response supplies 44, _ h 3. . Stoneway Concrete Products removed underground petroleum storage tanks, diverted batch plant runoff and truck wash�watec to the sanitaryYsewerl and covered and provided secondary containment,'for all hazardous materials Stoneway,t ltimately relocated the facility in 2002 to comply�iW phased in limits on the'total quantity of hazardous r materials allowed at facilities in Zone 1 - f 4. The King County Department of Transportation is a huge complex of transportation 6ii related facilities including fleet maintenance, , aintenance, fueling, catch basin waste processing,a materials testing laboratory, and supplies storage. This facility, located in the Renton Highlands, already built and operated to high environmental standards, improved by reducing its inventory of hazardous materials, substituted alternatives to hazardous products, installed additional secondary containment, added aquifer protection to the existing employee training program, covered outdoor paint storage, and meticulously inventoried all hazardous materials. These and other efforts have earned 5-Star recognition from the Envirostar program for this facility. 5. Renton Collision Center constructed a covered wash pad for vehicle washing that drains to sanitary sewer. 6. Renton School District installed secondary containment in eight schools and carefully trained employees in aquifer protection techniques. 7. Renton Radiator dye-tested drains in the radiator rinsing room to verify that chemical waste does not enter sanitary or storm sewers. The shop arranged to have soil around the perimeter of the shop tested to verify that soil was not contaminated. H:\File Sys\WQA-Water Quality\WQA-02-Aquifer Protection\Correspondence\ESchmidtAPP_Info.doc\CB\tb April 15, 2003 Page 3 These are just some of the many examples of local businesses that have responded positively to a community commitment to protect drinking water. At your request, I will try to obtain digital photographs for your use of some of the above facilities. Please let me know if I can provide further information or assistance by calling 425-430-7211. Thank you for your interest in our program. Sincerely, Carolyn Boatsman Aquifer Protection Specialist cc: Abdoul Gafour Ron Straka `' ' Linda Knight •_ Allen Quynn Eric Chapman z Helen Weagraff ' x '- V 10 Y 4 �4Y� S .tj1 `4S,J H:\File Sys\WQA-Water Quality\WQA-02-Aquifer Protection\Correspondence\ESchmidtAPP_Info.doc\CB\tb 4�RCITY OF RENTON ..LL Planninouilding/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 4, 2003 Richard Thompson Hazardous Waste Management Program King County Water and Land Resources Division 130 Nickerson ST, STE 100 Seattle, WA 98109-1658 SUBJECT: SURVEY IN RENTON Dear Richard, Thank you for bringing your enlightening and interesting presentation on the Local Hazardous Waste Management Program to Renton City Hall on March 25, 2003. It was helpful to learn of the breadth of the program and to consider ways in which we might work together on the Renton Survey. Please find attached a list of attendees with contact information for each. I've also included other City staff that work in related areas. Our highest priority for the survey is the Black River Basin(maps enclosed). It would be useful to know more about potential sources of contamination in this basin because surface water is more contaminated here than in other basins in Renton. Advice and assistance with proper vehicle washing at the many auto sales and other businesses offering space for charity car washes would also be appreciated. If you were able, it would be appreciated if data for the Black River Basin could be compiled separately. This would enhance our ability to use the data for future planning purposes. Businesses located on the perimeter of the Renton Municipal Airport are another high priority. Please contact Ryan Zulauf, Airport Manager, before starting. He can be reached at 425-430-7471. He would like to arrange for someone on his staff to accompany you on survey visits. Our Fire Prevention Bureau suggests that the survey team make a point of visiting the following businesses: 1) Insignia Sign - Lake WA Blvd (at 43rd,Pan Abode center) 2) T&S Auto Sales- 515 Rainier Ave N 3) Gene Meyer Auto Rebuild- 225 Rainier Ave N 4) . Hunts/J&K Auto- 559 Rainier Ave N 5) One Stop Auto Sales- 625 Rainier Ave N 6) Seattle Opera- 1655 N 4th St Should you have time, it would be helpful if you could visit businesses along Rainier Avenue in Renton. There are a variety of businesses along this major arterial, some of which are old and may not have the best facilities for managing hazardous materials. We would appreciate it if you would distribute two brochures during the survey. One is our 2002 Renton Water Quality Report and the other is the City of Renton Recycling Guide. We have placed these on the 6"' floor for you to pick up at your convenience. Il File Sys\WQA-Water Qua1ity\WQA-02-Aquifer Protection\Correspondence\RichardThompsonRentonSurveRt"M T O 1 V 1055 South Grady Way-Renton,Washington 98055 N ®This paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE April 4, 2003 Page 2 I have enclosed maps of the Aquifer Protection Area for reference. As per our discussion, this area need not receive emphasis since I visit businesses annually in this area. Both Eric Chapman and I would be interested in accompanying your staff during a few visits. Please let us know when this would be convenient. We look forward to working with you over the next two months as you conduct the survey. Sincerely, Carolyn Boatsman Aquifer Protection Specialist Enclosures: Meeting attendees Maps of Black River Basin Maps of Aquifer Protection Area cc: Ronald Straka Abdoul Gafour Eric Chapman Rvan Zulauf Linda Knight Jz H:\File Sys\WQA-Water Quality\WQA-02-Aquifer Protection\Correspondence\RichardThompsonRentonSurvev2003.doc\tb Wednesday December 8, 1999 Part II Environmental Protection Agency 40 CFR Parts 9, 122, 123, and 124 National Pollutant Discharge Elimination System—Regulations for Revision of the Water Pollution Control Program -__ Addressing. Storm Water Discharges; Final Rule Report to Congress on the Phase II Storm Water Regulations; Notice 68722 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations ENVIRONMENTAL PROTECTION of waters,reduced eutrophication of for readers regarding entities likely to be AGENCY aquatic systems,benefit to wildlife and regulated by this action.This table lists endangered and threatened species, the types of entities that EPA is now 40 CFR Parts 9,122,123,and 124 tourism benefits,biodiversity benefits aware could potentially be regulated by [FRL-6470-8] and reduced costs for siting reservoirs. this action.Other types of entities not In addition,the costs of industrial storm listed in the table could also be RIN 2040-AC82 water controls will decrease due to the regulated.To determine whether your exclusion of storm water discharges facility or company is regulated by this National Pollutant Discharge from facilities where there is"no action,you should carefully examine Elimination System—Regulations for exposure"of storm water to industrial the applicability criteria in§§122.26(b), Revision of the Water Pollution Control activities and materials. 122.31,122.32,and 123.35 of the final Program Addressing Storm Water DATES:This regulation is effective on rule.If you have questions regarding the Discharges February 7,2000.The incorporation by applicability of this action to a AGENCY:Environmental Protection reference of the rainfall erosivity factor particular entity,consult the person Agency(EPA). publication listed in the rule is listed in the preceding FOR FURTHER ACTION:Final rule. approved by the Director of the Federal INFORMATION CONTACT section. Register as of February 7,2000.For Table of Contents: SUMMARY:Today's regulations(Phase II) judicial review purposes,this final rule expand the existing National Pollutant is promulgated as of 1:00 p.m.Eastern I.Background Discharge Elimination System (NPDES) Standard Time,on December 22,1999 A.Proposed Rule and Pre-proposal storm water program(Phase I)to as provided in 40 CFR 23.2. Outreach B.Water Quality Concerns/Environmental address storm water discharges from ADDRESSES:The complete P Impact Studies and Assessments small municipal separate storm sewer administrative record for the final rule 1.Urban Development systems(MS4s)(those serving less than and the ICR have been established a.Large-Scale Studies and Assessments 100,000 persons)and construction sites under docket numbers W-97-12 (rule) b.Local and Watershed-Based Studies that disturb one to five acres.Although and W-97-15(ICR),and includes c.Beach Closings/Advisories these sources are automatically supporting documentation as well as 2.Non-storm Water Discharges Through designated by today's rule,the rule printed,paper versions of electronic Municipal Storm Sewers allows for the exclusion of certain comments.Copies of information in the 3.Construction Site Runoff sources from the national ro ram based record are available upon request.A C.Statutory Background program g reasonable fee may b charged for D.EPA's Reports to Congress on a demonstration of the lack of impact Ye ar g E.Industrial Facilities Owned or Operated on water quality,as well as the copying.The record is available for by Small Municipalities inclusion of others based on a higher inspection and copying from 9 a.m.to F.Related Nonpoint Source Programs likelihood of localized adverse impact 4 p.m.,Monday through Friday, II.Description of Program on water quality.Today's regulations excluding legal holidays,at the Water A.Overview also exclude from the NPDES program Docket,EPA,East Tower Basement,401 1.Objectives EPA Seeks to Achieve in storm water discharges from industrial M Street,SW,Washington,DC.For Today's Rule access to docket materials, lease call 2.General Requirements for Regulated facilities that have"no exposure"of p Entities Under Today's Rule industrial activities or materials to 202/260-3027 to schedule an 3.Integration of Today's Rule With the storm water.Finally,today's rule appointment. Existing Storm Water Program extends from August 7,2001 until FOR FURTHER INFORMATION CONTACT: 4.General Permits March 10,2003 the deadline by which George Utting,Office of Wastewater 5.Tool Box certain industrial facilities owned by Management,Environmental Protection 6.Deadlines Established in Today's Action small MS4s must obtain coverage under Agency,Mail Code 4203,401 M Street, B.Readable Regulations an NPDES permit.This rule establishes SW,Washington,DC 20460; (202)260- C.Program Framework:NPDES Approach a cost-effective,flexible approach for 5816;sw2@epa.gov. D.Federal Role1.Develop Overall Framework of the reducing environmental harm by storm SUPPLEMENTARY INFORMATION:Entities Program water discharges from many point potentially regulated by this action 2.Encourage Consideration of"Smart sources of storm water that are currently include: Growth"Approaches unregulated. 3.Provide Financial Assistance EPA believes that the implementation Category Examples of regulated 4.Implement the Program in jurisdictions of the six minimum measures identified entities not Authorized to Administer the NPDES for small MS4s should significantly Program reduce pollutants in urban storm water Federal, State, Operators of small separate 5.Oversee State and Tribal Programs P Tribal,and storm sewer systems, in- 6.Comply with Applicable Requirements compared to existing levels in a cost- Local Gov- dustrial facilities that dis effective manner.Similarly,EPA as a Discharger ernments. charge storm water asso- E.State Role believes that implementation of Best ciated with industrial activ- 1.Develop the Program Management Practices(BMP)controls at ity or construction activity 2.Comply With Applicable Requirements small construction sites will also result disturbing 1 to 5 acres. as a Discharger in a significant reduction in pollutant Industry .......... Operators of industrial facili- 3.Communicate with EPA discharges and an improvement in ties that discharge storm F.Tribal Role surface water quality.EPA believes this water associated with in- G.NPDES Permitting Authority's Role for dustrial activity. the NPDES Storm Water Small MS4 rule will result in monetized financial, Construction Operators of construction ac- Program recreational and health benefits,as well Activity. tivity disturbing 1 to 5 1.Comply With Implementation as benefits that EPA has been unable to acres. Requirements monetize.Expected benefits include 2.Designate Sources reduced scouring and erosion of This table is not intended to be a.Develop Designation Criteria streambeds,improved aesthetic quality exhaustive,but rather provides a guide b.Apply Designation Criteria Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68723 c.Designate Physically Interconnected J.Conditional Exclusion for"No Exposure" deadline is changed from August 7, Small MS4s of Industrial Activities and Materials to 2001 until March 10, 2003. d.Respond to Public Petitions for Storm Water In 1972,Congress amended the Designation 1.Background Federal Water Pollution Control Act 3.Provide Waivers 2.Today's Rule (commonly referred to as the Clean 4.Issue Permits 3.Definition of"No Exposure" 5.Support and Oversee the Local Programs K.Public Involvement/Public Role Water Act(CWA))to prohibit the H.Municipal Role L.Water Quality Issues discharge of any pollutant to waters of 1.Scope of Today's Rule 1.Water Quality Based Effluent Limits the United States from a point source 2.Municipal Definitions 2.Total Maximum Daily Loads and unless the discharge is authorized by an a.Municipal Separate Storm Sewer Analysis to Determine the Need for NPDES permit.The NPDES program is Systems(MS4s) Water Quality-Based Limitations a program designed to track point b.Small Municipal Separate Storm Sewer 3.Anti-Backsliding sources and require the implementation Systems 4.Water Quality-Based Waivers and of the controls necessary to minimize i.Combined Sewer Systems CSS Designations Y ( ) III.Cost-Benefit Analysisthe discharge of pollutants.Initial if.Owners/Operators A.Costs efforts to improve water quality under c.Regulated Small MS4s the NPDES program primarily focused i.Urbanized Area Description 1.Municipal Costs P g P Y ii.Rationale for Using Urbanized Areas 2•Construction Costs on reducing pollutants in industrial d.Municipal Designation by the Permitting B.Quantitative Benefits process wastewater and municipal Authority 1.National Water Quality Model sewage.These discharge sources were e.Waiving the Requirements for Small 2.National Water Quality Assessment easily identified as responsible for poor, MS4s a.Municipal Measures often drastically degraded,water quality Fresh Waters Benefits 3.Municipal Permit Requirements i. conditions. a.Overview ii.Marine Waters Benefits As pollution control measures for b.Construction Benefits i.Summary of Permitting Options industrial process wastewater and c.Summary of Benefits From the National ii.Water Quality-Based Requirements Water Quality Assessment municiPsewn e al implemented g were P iii.Maximum Extent Practicable C.Qualitative Benefits and refined,it became increasingly b.Program Requirements—Minimum D.National Economic Impact evident that more diffuse sources of Control Measures IV.Regulatory Requirements water pollution were also significant i.Public Education and Outreach on Storm A.Paperwork Reduction Act causes of water quality impairment. Water Impacts B.Executive Order 12866 Specifically,storm water runoff ii.Public Involvement/Participation C.Unfunded Mandates Reform Act draininglarge surface areas,such as iii.Illicit Discharge Detection and 1.Summary of UMRA Section 202 Written g Elimination Statement agricultural and urban land,was found iv.Construction Site Storm Water Runoff 2.Selection of the Least Costly,Most Cost- to be a major cause of water quality Control Effective or Least Burdensome impairment,including the v.Post-Construction Storm Water Alternative That Achieves the Objectives nonattainment of designated beneficial Management in New Development and of the Statute uses. Redevelopment 3.Effects on Small Governments In 1987,Congress amended the CWA vi.Pollution Prevention/Good D.Executive Order 13132 to require implementation,in two Housekeeping for Municipal Operations E.Regulatory Flexibility Act phases,of a comprehensive national c.Application Requirements F.National Technology Transfer And program for addressing storm water i.Best Management Practices and Advancement Act discharges.The first phase of the Measurable Goals G.Executive Order 13045 ii.Individual Permit Application for a H.Executive Order 13084 program,commonly referred to as §122.34(b)Program I.Congressional Review Act Phase I,"was promulgated on iii.Alternative Permit Option/Tenth November 16, 1990(55 FR 47990). Amendment I.Background Phase I requires NPDES permits for iv.Satisfaction of Minimum Measure A.Proposed Rule and Pre-Proposal storm water discharge from a large Obligations by Another Entity Outreach number of priority sources including v.Joint Permit Programs municipal separate storm sewer systems d.Evaluation and Assessment On January 9,1998(63 FR 1536),EPA ("MS4s")generally serving populations i.Recordkeeping proposed to expand the National of 100,000 or more and several ii.Reporting Pollutant Discharge Elimination System categories of industrial activity, iii.Permit-As-A-Shield (NPDES)storm water program to including construction sites that disturb e.Other Applicable NPDES Requirements include storm water discharges from five or more acres of land. f.Enforceability municipal separate storm sewer systems Today's rule,which is the second g.Deadlines h.Reevaluation of Rule (MS4s)and construction sites that were phase of the storm water program, I.Other Designated Storm Water smaller than those previously included expands the existing program to include Discharges in the program.The proposal also discharges of storm water from smaller 1.Discharges Associated with Small addressed industrial sources that have municipalities in urbanized areas and Construction Activity "no exposure"of industrial activities from construction sites that disturb a.Scope and materials to storm water.Today, between one and five acres of land. b.Waivers EPA is promulgating a final rule to Today's rule allows certain sources to be i.Rainfall-Erosivity Waiver implement most of the proposed excluded from the national program ii.Water Quality Waiver revisions with minor changes based on based on a demonstrable lack of impact c.Permit Process and Administration public comments received on the on water quality.The rule also allows d.Cross-Referencing State,Tribal,or Local proposal.Today's final rule also extends other sources not automatically Erosion and Sediment Control Programs the deadline b which certain industrial regulated on a national basis to be e.Alternative Approaches Y g 2.Other Sources facilities operated by municipalities of designated for inclusion based on 3.ISTEA Sources less than 100,000 population must be increased likelihood for localized 4.Residual Designation Authority covered by a NPDES permit;the adverse impact on water quality. 68724 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations Today's rule also conditionally excludes quality program other than the NPDES Subcommittee members provided storm water discharges from industrial program.For additional details see the significant input and advice that EPA facilities that have"no exposure"of "Report on the EPA Storm Water considered in the context of public industrial activities or materials to Management Program(Rensselaerville comments received.Ultimately,the storm water.Today's rule and the effort Study),"Appendix I of Storm Water Subcommittee did not provide a written that led to its development are Discharges Potentially Addressed by report back to the FACA Committee, commonly referred to as"Phase II."On Phase 77 of the National Pollutant and the FACA Committee did not August 7,1995,EPA promulgated a Discharge Elimination System:Report to provide written advice and final rule that required facilities to be Congress(EPA,1995a). recommendations to EPA.The Agency, regulated under Phase II to apply for a EPA also conducted outreach with therefore,did not rely on group NPDES permit by August 7, 2001, representatives of small entities in recommendations in developing today's unless the NPDES permitting authority conjunction with the convening of a rule,but does consider the process to designates them as requiring a permit by Small Business Advocacy Review Panel have resulted in important public an earlier date. (60 FR 40230).That rule under the Small Business Regulatory outreach. is referred to as"the Interim Phase II Enforcement Fairness Act(SBREFA). B. Water Quality Concerns/ Rule."Today's rule replaces the Interim This process is discussed in section IV.E Environmental Impact Studies and Phase II rule. of today's preamble.For additional Assessments EPA performed extensive outreach background see the discussion in the and worked with a variety of preamble to the proposal for today's Storm water runoff from lands stakeholders prior to proposing today's rule. modified by human activities can harm rule. On September 9,1992,EPA To assist EPA by providing advice surface water resources and,in turn, published a notice requesting and recommendations regarding the cause or contribute to an exceedance of information and public comment on urban municipal wet weather water water quality standards by changing how to prepare regulations under CWA pollution control program,EPA natural hydrologic patterns,accelerating section 402(p)(6) (see 57 FR 41344).The established the Urban Wet Weather stream flows,destroying aquatic habitat, notice identified three sets of issues Flows Federal Advisory Committee and elevating pollutant concentrations associated with developing new NPDES (hereinafter,"FACA Committee")under and loadings.Such runoff may contain storm water regulations:(1)How should the Federal Advisory Committee Act or mobilize high levels of contaminants, EPA identify unregulated sources of (FACA).The Office of Management and such as sediment,suspended solids, storm water to protect water quality, (2) Budget approved the charter for the nutrients(phosphorous and nitrogen), what types of control strategies should FACA Committee on March 10, 1995. heavy metals and other toxic pollutants, EPA develop for these sources,and(3) The FACA Committee provided a forum pathogens,toxins,oxygen-demanding what are appropriate deadlines for for identifying and addressing issues substances(organic material),and implementing new requirements.The associated with water quality impacts floatables(U.S.EPA. 1992. notice recognized that potential sources from storm water sources. Environmental Impacts of Storm Water for coverage under the section 402(p)(6) The FACA Committee established two Discharges:A National Profile.EPA regulations would fall into two main subcommittees:the Storm Water Phase 841—R-92-001. Office of Water. categories:municipal separate storm II FACA Subcommittee and the Sanitary Washington,DC).After a rain,storm sewer systems and individual Sewer Overflows(SSOs)FACA water runoff carries these pollutants (commercial and residential)sources. Subcommittee.Consistent with the into nearby streams,rivers,lakes, EPA received more than 130 comments requirements of FACA,the membership estuaries,wetlands,and oceans.The on the September 9, 1992,notice.For of both the FACA Committee and the highest concentrations of these further discussion of the comments subcommittees was balanced among contaminants often are contained in received,see Storm Water Discharges EPA's various outside stakeholder "first flush"discharges,which occur Potentially Addressed by Phase II of the interests,including representatives from during the first major storm after an National Pollutant Discharge municipalities,States,Indian Tribes, extended dry period(Schueler,T.R. Elimination System:Report to Congress EPA,industrial and commercial sectors, 1994. "First Flush of Stormwater (EPA,1995a),pp.-1=21to 1-22,and agriculture,and environmental and Pollutants Investigated in Texas."Note Appendix J(which provides a detailed public interest groups. 28. Watershed Protection Techniques summary of the comments received as The Storm Water Phase II FACA 1(2)).Individually and combined,these they relate to the specific issues raised Subcommittee("Subcommittee")met pollutants impair water quality, in the notice). fourteen times between September 1995 threatening designated beneficial uses In early 1993,the Rensselaerville and June 1998.The 32 Subcommittee and causing habitat alteration or Institute and EPA held public and members discussed possible regulatory destruction. expert meetings to assist in developing frameworks at these meetings as well as Uncontrolled storm water discharges and analyzing options for identifying during numerous other meetings and from areas of urban development and unregulated sources and possible conference calls.Members of the FACA construction activity negatively impact controls.The report on the 1993 Committee provided views regarding receiving waters by changing the meetings identified two options that the development of the"no exposure" physical,biological,and chemical were favored by the various groups that provision and other provisions in drafts composition of the water,resulting in an participated.One option was a program of the Phase II rule.EPA provided unhealthy environment for aquatic that allowed States to select sources to Subcommittee members with four organisms,wildlife,and humans.The be controlled in a manner consistent successive drafts of the proposed rule following sections discuss the studies with criteria developed by EPA.A and preamble,outlines of the rule, and data that address and support this second option was a tiered approach summaries of the written comments finding. under which EPA would select high received on each draft,and documents Although water quality problems also priority sources for control by NPDES identifying the changes made to each can occur from agricultural storm water permits and States would select other draft.In the course of providing input discharges and return flows from sources for control under a State water to the Committee,individual irrigated agriculture,this area of Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68725 concern is statutorily exempted from percent according to the findings of the first national assessment of urban runoff regulation as a point source under the Washington study referenced above) characteristics was completed for the Clean Water Act and is not discussed (Schueler,T.R. 1994. "The Importance Nationwide Urban Runoff Program here. (See CWA section 502(14)).Other of Imperviousness." Watershed (NURP)study(U.S.EPA. 1983.Results storm water sources not specifically Protection Techniques 1(3);May,C., of the Nationwide Urban Runoff identified in the regulations may be of R.R.Horner,J.R.Karr,B.W.Mar,and Program, Volume 1—Final Report. concern in certain areas and can be E.B.Welch. 1997. "Effects Of Office of Water. Washington,D.C.).The addressed on a case-by-case(or Urbanization On Small Streams In The NURP study is the largest nationwide category-by-category)basis through the Puget Sound Lowland Ecoregion." evaluation of storm water discharges, NPDES designation authority preserved Watershed Protection Techniques 2(4); which includes adverse impacts and by CWA section 402(p)(2)(6),as well as Yoder,C.O.,R.J.Miltner,and D.White, sources,undertaken to date. today's rule. 1999."Assessing the Status of Aquatic EPA conducted the NURP study to 1.Urban Development Life Designated Uses in Urban and facilitate understanding of the nature of Suburban Watersheds."In Proceedings: urban runoff from residential, Urbanization alters the natural National Conference on Retrofits commercial,and industrial areas. One infiltration capability of the land and Opportunities in Urban Environments. objective of the study was to generates a host of pollutants that are EPA 625—R-99-002,Washington,DC; characterize the water quality of associated with the activities of dense Yoder,C.O and R.J. Miltner. 1999. discharges from separate storm sewer populations,thus causing an increase in "Assessing Biological Quality and systems that drain residential, storm water runoff volumes and Limitations to Biological Potential in commercial,and light industrial pollutant loadings in storm water Urban and Suburban Watersheds in (industrial parks)sites. Storm water discharged to receiving waterbodies Ohio."In Comprehensive Stormwater& samples from 81 residential and (U.S.EPA, 1992).Urban development Aquatic Ecosystem Management commercial properties in 22 urban/ increases the amount of impervious Conference Papers,Auckland,New suburban areas nationwide were surface in a watershed as farmland, Zealand).Furthermore,research has collected and analyzed during the 5- forests,and meadowlands with natural indicated that few,if any,urban streams year period between 1978 and 1983.The infiltration characteristics are converted can support diverse benthic majority of samples collected in the into buildings with rooftops,driveways, communities at imperviousness levels study were analyzed for eight sidewalks,roads,and parking lots with of 25 percent or more.An area of conventional pollutants and three heavy virtually no ability to absorb storm medium density single family homes metals. water.Storm water and snow-melt can be anywhere from 25 percent to Data collected under the NURP study runoff wash over these impervious nearly 60 percent impervious, indicated that discharges from separate areas,picking up pollutants along the depending on the design of the streets storm sewer systems draining runoff way while gaining speed and volume and parking(Schueler, 1994). from residential,commercial,and light because of their inability to disperse and In addition to impervious areas,urban industrial areas carried more than 10 filter into the ground.What results are development creates new pollution times the annual loadings of total storm water flows that are higher in sources as population density increases suspended solids(TSS)than discharges volume,pollutants,and temperature and brings with it proportionately from municipal sewage treatment plants than the flows in less impervious areas, higher levels of car emissions,car that provide secondary treatment.The which have more natural vegetation and maintenance wastes,pet waste,litter, NURP study also indicated that runoff soil to filter the runoff(U.S.EPA,1997. pesticides,and household hazardous from residential and commercial areas Urbanization and Streams:Studies of wastes,which may be washed into carried somewhat higher annual Hydrologic Impacts.EPA 841—R-97-009. receiving waters by storm water or loadings of chemical oxygen demand Office of Water.Washington,DC). dumped directly into storm drains (COD),total lead,and total copper than Studies reveal that the level of designed to discharge to receiving effluent from secondary treatment imperviousness in an area strongly waters. More people in less space plants. Study findings showed that fecal correlates with the quality of the nearby results in a greater concentration of coliform counts in urban runoff receiving.waters.For example,a study pollutants that can be mobilized by,or typically range from tens to hundreds of in the Puget Sound lowland ecoregion disposed into,storm water discharges thousands per hundred milliliters of found that when the level of basin from municipal separate storm sewer runoff during warm weather conditions, development exceeded 5 percent of the systems.A modeling system developed with the median for all sites being total impervious area,the biological for the Chesapeake Bay indicated that around 21,000/100 ml.This is generally integrity and physical habitat conditions contamination of the Bay and its consistent with studies that found that that are necessary to support natural tributaries from runoff is comparable to, fecal coliform mean values range from biological diversity and complexity if not greater than,contamination from 1,600 coliform fecal units(CFU)/100 ml declined precipitously(May,C.W.,E.B. industrial and sewage sources(Cohn- to 250,000 cfu/100 ml(Makepeace,D.K., Welch,R.R.Horner,J.R.Karr,and B.W. Lee,R.and D.Cameron. 1992. "Urban D.W. Smith,and S.J.Stanley. 1995. May. 1997. Quality Indices for Stormwater Runoff Contamination of "Urban Storm Water Quality:Summary Urbanization Effects in Puget Sound the Chesapeake Bay:Sources and of Contaminant Data." Critical Reviews Lowland Streams,Technical Report No. Mitigation." The Environmental in Environmental Science and 154.University of Washington Water Professional,Vol. 14). Technology 25(2):93-139).Makepeace, Resources Series).Research conducted et al.,summarized ranges of in numerous geographical areas, a.Large-Scale Studies and Assessments contaminants from storm water, concentrating on various variables and In support of today's regulatory including physical contaminants such employing widely different methods, designation of MS4s in urbanized areas, as total solids(76-36,200 mg/L)and has revealed a similar conclusion: the Agency relied on broad-based copper(up to 1.41 mg/L);organic stream degradation occurs at relatively assessments of urban storm water runoff chemicals;organic compounds,such as low levels of imperviousness,such as 10 and related water quality impacts,as oil and grease(up to 110 mg/L);and to 20 percent(even as low as 5 to 10 well as more site-specific studies.The microorganisms. 68726 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations Monitoring data summarized in the Assessment.Prepared in cooperation partially supporting designated uses or NURP study provided important with the U.S.EPA,Office of Water, not supporting designated uses. information about urban runoff from Washington,DC),a comprehensive The 1996 Inventory also found urban residential,commercial,and light study of diffuse pollution sources runoff/discharges from storm sewers to industrial areas.The study concluded conducted under the sponsorship of the be a major source of water quality that the quality of urban runoff can be Association of State and Interstate Water impairment nationwide. Urban runoff/ affected adversely by several sources of Pollution Control Administrators storm sewers were found to be a source pollution that were not directly (ASIWPCA)and EPA revealed that 38 of pollution in 13 percent of impaired evaluated in the study,including illicit States reported urban runoff as a major rivers;21 percent of impaired lakes, discharges,construction site runoff,and cause of designated beneficial use ponds,and reservoirs;and 45 percent of illegal dumping.Data from the NURP impairment and 21 States reported impaired estuaries(second only to study were analyzed further in the U.S. storm water runoff from construction industrial discharges).In addition, Geological Survey(USGS)Urban Storm sites as a major cause of beneficial use urban runoff was found to be the Water Data Base for 22 Metropolitan impairment.In addition,the 1996 leading cause of ocean impairment for Areas Throughout the United States those ocean miles surveyed. 305(b)Report(U.S.EPA. 1998. The study(Driver,N.E.,M.H.Mustard,R.B. 1996 In addition,a recent USGS study of Report to Congress.EPA 841—R-97008 Rhinesmith,and R.F.Middleburg. 1985. National Water Quality Inventory, —008. urban watersheds across the United U.S. Geological Survey Urban Storm Office of Water. Washington,DC), States has revealed a link between urban Water Data Base for 22 Metropolitan rovides a national assessment of water development and contamination of local Areas Throughout the United States. p waterbodies.The study found the Report No.85-337 USGS.Lakewood, quality based on biennial reports highest levels of organic contaminants, CO).The USGS report summarized submitted by the States as required known as polycyclic aromatic additional monitoring data compiled under CWA section 305(b)of the CWA. hydrocarbons(PAHs) (products of during the mid-1980s,covering 717 In the CWA 305(b)reports,States, combustion of wood,grass,and fossil storm events at 99 sites in 22 Tribes,and Territories assess their fuels),in the reservoirs of urbanized metropolitan areas and documented individual water quality control watersheds(U.S.Geological Survey problems associated with metals and programs by examining the attainment (USGS). 1998.Research Reveals Link sediment concentrations in urban storm or nonattainment of the designated uses Between Development and water runoff.More recent reports have assigned to their rivers,lakes,estuaries, Contamination in Urban Watersheds. confirmed the pollutant concentration Wetlands,and ocean shores.A USGS news release. USGS National data collected in the NURP study designated use is the legally applicable Water-Quality Assessment Program). (Marsalek,J. 1990. "Evaluation of use specified in a water quality standard Urban storm water also can contribute Pollutant Loads from Urban Nonpoint for a watershed,waterbody,or segment significant amounts of toxicants to Sources." Wot. Sci, Tech.22(10/11):23— of a waterbody.The designated use is receiving waters.Pitt,et.al. (1993), 30;Makepeace,et al.,1995). the desirable use that the water quality found heavy metal concentrations in the Commenters argued that the NURP should support.Examples of designated majority of samples analyzed.Industrial study does not support EPA's uses include drinking water supply, or commercial areas were likely to be contention that urban activities primary contact recreation(swimming), the most significant pollutant source significantly jeopardize attainment of and aquatic life support.Each CWA areas(Pitt,R.,R.Field,M. Lalor,M. water quality standards.One commenter 305(b)report indicates the assessed Brown 1993. "Urban stormwater toxic argued that the NURP study and the fraction of a State's waters that are fully pollutants:assessment,sources,and 1985 USGS study are seriously out of supporting,partially supporting,or not treatability" Water Environment date. Because they were issued 10 years supporting designated beneficial uses. Research,67(3):260-75). or more before the implementation of In their reports,States,Tribes,and b.Local and Watershed-Based Studies the current storm water permit program, Territories first identified and then In addition to the large-scale the data in those reports do not reflect assigned the sources of water quality conditions that exist after g q Y nationwide studies and assessments,a impairment for each impaired number of local and watershed-based implementation of permits issued by waterbody using the following studies from across-the countryhave authorized States and EPA for storm water from construction sites,large categories:industrial,municipal documented the detrimental effects of sewage,combined sewer overflows, urban storm water runoff on water municipalities,and industrial activities. In response,EPA notes that it is not urban runoff/storm sewers,agricultural, quality.A study of urban streams in relying solely on the NURP study to silvicultural,construction,resource Milwaukee County,Wisconsin,found describe current water quality extraction,land disposal,hydrologic local streams to be highly degraded due impairment.Rather,EPA is citing NURP modification,and habitat modification. primarily to urban runoff,while three as a source of data on typical pollutant The 1996 Inventory,based on a studies in the Atlanta,Georgia,region concentrations in urban runoff.Recent compilation of 60 individual 305(b) were characterized as being"the first studies have not found significantly reports submitted by States,Tribes,and documentation in the Southeast of the different pollutant concentrations in Territories,assessed the following strong negative relationship between urban runoff when compared to the percentages of total waters nationwide: urbanization and stream quality that has original NURP data(see Makepeace,et 19 percent of river and stream miles;40 been observed in other ecoregions" al., 1995;Marsalek, 1990;and Pitt,et al., percent of lake,pond,and reservoir (Masterson,J.and R.Bannerman. 1994. 1995). acres; 72 percent of estuary square "Impacts of Storm Water Runoff on America's Clean Water—the States' miles;and 6 percent of ocean shoreline Urban Streams in Milwaukee County, Nonpoint Source Assessment waters.The 1996 Inventory indicated Wisconsin."Paper presented at National (Association of State and Interstate that approximately 40 percent of the Symposium on Water Quality: Water Pollution Control Administrators Nation's assessed rivers,lakes,and American Water Resources Association; (ASIWPCA). 1985.America's Clean estuaries are impaired.Waterbodies Schueler,T.R. 1997. "Fish Dynamics in Water—The States'Nonpoint Source deemed as"impaired"are either Urban Streams Near Atlanta,Georgia." Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68727 Technical Note 94. Watershed and fecal coliform,but higher for total also document public health,shellfish Protection Techniques 2(4)).Several zinc(Bannerman,R.T.,D.W.Owens, bed,and habitat impacts from storm other studies,including those R.B.Dods,and N.J.Hornewer. 1993. water runoff,including more than 823 performed in Arizona(Maricopa "Sources of Pollutants in Wisconsin beach closings/advisories issued in 1995 County),California(San Jose's Coyote Stormwater." Wat. Sci. Tech.28(3— and more than 407 beach closing/ Creek),Massachusetts (Green River), 5):241-59). advisories issued in 1996 due to urban Virginia(Tuckahoe Creek),and Bannerman,et al.also found that runoff(Natural Resources Defense Washington(Puget Sound lowland streets contribute higher loads of Council. 1996. Testing the Waters ecoregion),all had the same finding: pollutants to urban storm water than Volume VI:Who Knows What You're runoff from urban areas greatly impair any other residential development Getting Into.New York,NY;NRDC. stream ecology and the health of aquatic source.Two small urban residential 1997. Testing the Waters Volume VII: life;the more heavily developed the watersheds were evaluated to determine How Does Your Vacation Beach Rate. area,the more detrimental the effects that lawns and streets are the largest New York,NY;Morton,T. 1997. (Lopes,T.and K.Fossum. 1995. sources of total and dissolved Draining to the Ocean:The Effects of "Selected Chemical Characteristics and phosphorus in the basins(Waschbusch, Storm water Pollution on Coastal Waters. Acute Toxicity of Urban Stormwater, R.J.,W.R.Selbig,and R.T.Bannerman. American Oceans Campaign,Santa Streamflow,and Bed Material,Maricopa 1999. "Sources of Phosphorus in Monica,CA).The Epidemiological County,Arizona." Water Resources Stormwater and Street Dirt from Two Study of Possible Adverse Health Effects Investigations Report 95-4074.USGS; Urban Residential Basins In Madison, of Swimming in Santa Monica Bay Pitt,R. 1995. "Effects of Urban Runoff Wisconsin, 1994-95." Water Resources (Haile,R.W.,et. al. 1996. "An on Aquatic Biota."In Handbook of Investigations Report 99-4021.U.S. Epidemiological Study of Possible Ecotoxicology,Pratt,J.and R. Coler. Geological Survey).A number of other Adverse Health Effects of Swimming in 1979. "Ecological Effects of Urban studies have indicated that urban Santa Monica Bay."Final Report Stormwater Runoff on Benthic roadways often contain significant prepared for the Santa Monica Bay Macroinvertebrates Inhabiting the Green quantities of metal elements and solids Restoration Project)concluded that River,Massachusetts."Completion (Sansalone,J.J. and S.G.Buchberger. there is a 57 percent higher rate of Report Project No.A-094.Water 1997. "Partitioning and First Flush of illness in swimmers who swim adjacent Resources Research Center.University Metals in Urban Roadway Storm to storm drains than in swimmers who of Massachusetts at Amherst.;Schueler, Water."ASCE Journal of Environmental swim more than 400 yards away from T.R. 1997. "Historical Change in a Engineering 123(2);Sansalone,J.J.,J.M. storm drains.This and other studies Warmwater Fish Community in an Koran,J.A.Smithson,and S.G. document a relationship between Urbanizing Watershed."Technical Note Buchberger. 1998. "Physical gastrointestinal illness in swimmers and 93. Watershed Protection Techniques Characteristics of Urban Roadway water quality,the latter of which can be 2(4);May,C.,R.Horner,J.Karr,B.Mar, Solids Transported During Rain Events" heavily compromised by polluted storm and E.Welch. 1997. "Effects Of ASCE journal of Environmental water discharges. Urbanization On Small Streams In The Engineering 124(5);Klein,L.A.,M. 2.Non-Storm Water Discharges Through Puget Sound Lowland Ecoregion." Lang,N.Nash,and S.L.Kirschner. 1974. Municipal Storm Sewers Watershed Protection Techniques 2(4)). "Sources of Metals in New York City Pitt and others also described the Wastewater"J. Water Pollution Control Studies have shown that discharges receiving water effects on aquatic Federation 46(12):2653-62;Barrett,M.E, from MS4s often include wastes and organisms associated with urban runoff R.D.Zuber,E.R.Collins,J.F. Malina,R.J. wastewater from non-storm water (Pitt,R.E. 1995. "Biological Effects of Charbeneau,and G.H Ward., 1993. "A sources. Federal regulations Urban Runoff Discharges"In Review and Evaluation of Literature (§122.26(b)(2))define an illicit Stormwater Runoff and Receiving Pertaining to the Quantity and Control discharge as"* * * any discharge to an Systems:Impact,Monitoring,and of Pollution from Highway Runoff and MS4 that is not composed entirely of Assessment,ed.E.E Herricks,Lewis Construction."Research Report 1943-1, storm water* * *,"with some Publishers;Crunkilton,R.,J.Kleist,D. Center for Transportation Research, exceptions.These discharges are Bierman,J.Ramcheck,and W.DeVita. University of Texas,Austin). "illicit"because municipal storm sewer 1999. "Importance of Toxicity as a c.Beach Closings/Advisories systems are not desigried to accept, Factor Controlling the Distribution of process,or discharge such wastes. Aquatic Organisms in an Urban Urban wet weather flows have been Sources of illicit discharges include,but Stream."In Comprehensive Stormwater recognized as the primary sources of are not limited to:sanitary wastewater; 6 Aquatic Ecosystem Management estuarine pollution in coastal effluent from septic tanks;car wash, Conference Papers.Auckland,New communities.Urban storm water runoff, laundry,and other industrial Zealand). sanitary sewer overflows,and combined wastewaters;improper disposal of auto In Wisconsin,runoff samples were sewer overflows have become the largest and household toxics,such as used collected from streets,parking lots, causes of beach closings in the United motor oil and pesticides;and spills from roofs,driveways,and lawns.Source States in the past three years.Storm roadway and other accidents. areas were broken up into residential, water discharges from urban areas not Illicit discharges enter the system commercial,and industrial.Geometric only pose a threat to the ecological through either direct connections(e.g., mean concentration data for residential environment,they also can substantially wastewater piping either mistakenly or areas included total solids of about 500— affect human health.A survey of coastal deliberately connected to the storm 800 mg/L from streets and 600 mg/L and Great Lakes communities reports drains)or indirect connections(e.g., from lawns. Fecal coliform data from that in 1998,more than 1,500 beach infiltration into the MS4 from cracked residential areas ranged from 34,000 to closings and advisories were associated sanitary systems,spills collected by 92,000 cfu/100 mL for streets and with storm water runoff(Natural drain outlets,and paint or used oil driveways.Contaminant concentration Resources Defense Council. 1999. "A dumped directly into a drain).The data from commercial and industrial Guide to Water Quality at Vacation result is untreated discharges that source areas were lower for total solids Beaches"New York,NY).Other reports contribute high levels of pollutants, 68728 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations including heavy metals,toxics,oil and sewers.These pollutants include It the Problem? Wot.Env. Tech.4(9):63— grease,solvents,nutrients,viruses and sanitary waste and materials from sewer 8). bacteria into receiving waterbodies.The main construction(e.g.,asbestos 3. Construction Site Runoff NURP study, discussed earlier,found cement,brick,cast iron,vitrified clay). that pollutant levels from illicit Municipalities have long recognized the Storm water discharges generated discharges were high enough to reverse problem of storm water during construction activities can cause significantly degrade receiving water infiltration into sanitary sewer an array of physical,chemical,and quality and threaten aquatic,wildlife, collection systems;this type of biological water quality impacts. and human health.The study noted infiltration often disrupts the operation Specifically,the biological,chemical, particular problems with illicit of the municipal sewage treatment and physical integrity of the waters may discharges of sanitary wastes,which can plant. become severely compromised. Water be directly linked to high bacterial The improper disposal of materials is quality impairment results,in part, counts in receiving waters and can be another illicit discharge-related problem because a number of pollutants are dangerous to public health. that can result in contaminated preferentially absorbed onto mineral or Because illicit discharges to MS4s can discharges from separate storm sewer organic particles found in fine sediment. create severe widespread contamination systems in two ways.First,materials The interconnected process of erosion and water quality problems,several may be disposed of directly in a catch (detachment of the soil particles), municipalities and urban counties basin or other storm water conveyance, sediment transport,and delivery is the performed studies to identify and Second,materials disposed of on the primary pathway for introducing key eliminate such discharges.In Michigan, ground may either drain directly to a pollutants,such as nutrients the Ann Arbor and Ypsilanti water storm sewer or be washed into a storm (particularly phosphorus),metals,and busin buality usinesses,hects omes,and other buildings pected 660 sewer during a storm event.Improper organic(Novotny,VP and G. Cheste s.ounds into aquatic and identified 14 percent of the disposal of materials to street catch basins and other storm sewer inlets "Delivery of Sediment and Pollutants buildings as having improper storm often occurs when people mistakenly from Nonpoint Sources:A Water sewer drain connections.The program believe that disposal to such areas is an Quality Perspective."Journal of Soil assessment revealed that,on average,60 and Water Conservation,44(6):568-76). percent of automobile-related environmentally sound practice.Part of Estimates indicate that 80 percent of the businesses,including service stations, the confusion may occur because some phosphorus and 73 percent of the automobile dealerships,car washes, areas are served are sewer Kjeldahl nitrogen in streams is body shops,and light industrial systems,which are part of the sanitary associated with eroded sediment(U.S. facilities,had illicit connections to sewer collection system,and people Department of Agriculture. 1989. "The storm sewer drains.The program assume that materials discharged to a Second RCA Appraisal,Soil,Water and assessment also showed that a majority catch basin will reach a municipal Related Resources on Nonfederal Land of the illicit discharges to the storm sewage treatment plant.Materials that in the United States,Analysis of sewer system resulted from improper are commonly disposed of improperly Condition and Trends."Cited in plumbing and connections,which had include used motor oil;household toxic Fennessey,L.A.J.,and A.R.Jarrett. 1994. been approved by the municipality materials;radiator fluids;and litter, "The Dirt in a Hole:a Review of when installed(Washtenaw County such as disposable cups,cans,and fast- Sedimentation Basins for Urban Areas Statutory Drainage Board. 1987.Huron food packages.EPA believes that there and Construction Sites."Journal of Soil River Pollution Abatement Program). has been increasing success in and Water Conservation,49(4):317-23). In addition,an inspection of urban addressing these problems through In watersheds experiencing intensive storm water outfalls draining into Inner initiatives such as storm drain stenciling construction activity,the localized Grays,Washington,indicated that 32 and recycling programs,including impacts of water quality may be severe percent of these outfalls had dry household hazardous waste special because of high pollutant loads, weather flows.Of these flows,21 collection days. primarily sediments.Siltation is the percent were determined to have Programs that reduce illicit discharges largest cause of impaired water quality pollutant levels higher than the to separate storm sewers have improved in rivers and the third largest cause of pollutant levels expected in typical water quality in several municipalities. impaired water quality in lakes(U.S. urban storm water runoff characterized For example,Michigan's Huron River EPA, 1998).The 1996 305(b)report also in the NURP study(U.S.EPA. 1993. Pollution Abatement Program found the found that construction site discharges Investigation of Inappropriate Pollutant elimination of illicit connections caused were a source of pollution in:6 percent Entries Into Storm Drainage Systems— a measurable improvement in the water of impaired rivers;11 percent of A User's Guide.EPA 600/R-92/238. quality of the Washtenaw County storm impaired lakes,ponds,and reservoirs; Office of Research and Development. sewers and the Huron River and 11 percent of impaired estuaries. Washington,DC).That same document (Washtenaw County Statutory Drainage Introduction of coarse sediment(coarse reports a study in Toronto,Canada,that Board, 1987).In addition,an illicit sand or larger)or a large amount of fine found that 59 percent of outfalls from detection and remediation program in sediment is also a concern because of the MS4 had dry-weather flows. Houston,Texas,has significantly the potential of filling lakes and Chemical tests revealed that 14 percent improved the water quality of Buffalo reservoirs(along with the associated of these dry-weather flows were Bayou.Houston estimated that illicit remediation costs for dredging),as well determined to be grossly polluted. flows from 132 sources had a flow rate as clogging stream channels(e.g., Inflows from aging sanitary sewer as high as 500 gal/min.Sources of the Paterson,R.G.,M.I.Luger,E.J.Burby, collection systems are one of the most illicit discharges included broken and E.J.Kaiser,H.R.Malcolm,and A.C. serious illicit discharge-related plugged sanitary sewer lines,illicit Beard. 1993. "Costs and Benefits of problems. Sanitary sewer systems connections from sanitary lines to storm Urban Erosion and Sediment Control: frequently develop leaks and cracks, sewer lines,and floor drain connections North Carolina Experience." resulting in discharges of pollutants to (Clanton,T.,M.T.Garrett,and B. Environmental Management 17(2):167— receiving waters through separate storm Goloby. 1992.The Illicit Connection:Is 78).Large inputs of coarse sediment into Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68729 stream channels initially will reduce Owen,O.S. 1975.Natural Resource three-fold increase in suspended stream depth and minimize habitat Conservation.New York:MacMillan.As sediment yields(Downs,S.C. and D.H. complexity by filling in pools(U.S. cited in Paterson,et al., 1993). Appel. 1986.Progress Report on the EPA. 1991.Monitoring Guidelines to A recent review of the efficiency of Effects of Highway Construction on Evaluate Effects of Forestry Activities on sediment basins indicated that inflows Suspended-Sediment Discharge in the Streams in the Pacific Northwest and from 12 construction sites had a mean Coal River and Trace Fork, West Alaska.EPA 910/9-91-001. Seattle, TSS concentration of about 4,500 mg/L Virginia, 1975-81.USGS Water WA).In addition,studies have shown (Brown,W.E. 1997. "The Limits of Resources Investigations Report 84- that stream reaches affected by Settling."Technical Note No.83. 4275.Charlestown,WV).During the construction activities often extend well Watershed Protection Techniques 2(3)). largest storm event,it was estimated downstream of the construction site.For In Virginia,suspended sediment that 80 percent of the sediment in the example,between 4.8 and 5.6 concentrations from housing stream originated from the construction kilometers of stream below construction construction sites were measured at site.As is often the case,the increase in sites in the Patuxent River watershed 500-3,000 mg/L,or about 40 times suspended sediment load could not be were observed to be impacted by larger than the concentrations from detected further downstream,where the sediment inputs(Fox,H.L. 1974. already-developed urban areas(Kuo, drainage area was more than 50 times "Effects of Urbanization on the Patuxent C.Y. 1976. "Evaluation of Sediment larger(269 square miles). River,with Special Emphasis on Yields Due to Urban Development." Another study evaluated the effect of Sediment Transport,Storage,and Bulletin No. 98.Virginia Water 290 acres of highway construction on Migration."Ph.D. dissertation.Johns Resources Research Center,Virginia watersheds ranging in size from 5 to 38 Hopkins University,Baltimore,MD.As Polytechnic Institute and State square miles.Suspended sediment loads Cited in Klein,R.D. 1979. "Urbanization University,Blacksburg,VA). in the smallest watershed increased by and Stream Quality Impairment." Water Similar impacts from storm water 250 percent,and the estimated sediment Resources Bulletin 15(4):948-63). runoff have been reported in a number yield from the construction area was 37 A primary concern at most of other studies.For example,Daniel,et tons/acre during a 2-year period construction sites is the erosion and al.,monitored three residential (Hainly,R.A. 1980. The Effects of transport process related to fine construction sites in southeastern Highway Construction on Sediment sediment because rain splash,rills(i.e., Wisconsin and determined that annual Discharge into Blockhouse Creek and a channel small enough to be removed sediment yields were more than 19 Stream Valley Run,Pennsylvania.USGS by normal agricultural practices and times the yields from agricultural areas Water Resources Investigations Report typically less than 1-foot deep),and (Daniel,T.C.,D.McGuire,D. Stoffel, 80-68.Harrisburg,PA).A more recent sheetwash encourage the detachment and B.Miller. 1979. "Sediment and study in Hawaii showed that highway and transport of this material to Nutrient Yield from Residential construction increased suspended waterbodies(Storm Water Quality Task Construction Sites"Journal of sediment loads by 56 to 76 percent in Force. 1993. California Storm Water Environmental Quality 8(3):304-08). three small(1 to 4 square mile)basins Best Management Practice Handbooks- Daniel,et al.,identified total storm (Hill,B.R. 1996. Streamflow and Construction Activity.Oakland,CA: runoff,followed by peak storm runoff, Suspended-Sediment Loads Before and Blue Print Service).Construction sites as the most influential factors During Highway Construction,North also can generate other pollutants controlling the sediment loadings from Halawa,Haiku,and Kamooalii Drainage associated with onsite wastes,such as residential construction sites.Daniel,et Basins,Oahu,Hawaii, 1983-91.USGS sanitary wastes or concrete truck al.,also found that suspended sediment Water Resources Investigations Report washout. concentrations were 15,000-20,000 mg/ 96-4259.Honolulu,HI).A 1970 study Although streams and rivers naturally L in moderate events and up to 60,000 determined that sediment yields from carry sediment loads,erosion from mg/L in larger events. construction areas can be as much as construction sites and runoff from Wolman and Schick(Wolman,M.G. 500 times the levels detected in rural developed areas can elevate these loads and A.P.Schick. 1967. "Effects of areas(National Association of Counties to levels well above those in Construction on Fluvial Sediment, Research Foundation. 1970. Urban Soil undisturbed watersheds.It is generally Urban and Suburban Areas of Erosion and Sediment Control.Water acknowledged that erosion rates from Maryland." Water Resources Research Pollution Control Research Series, construction sites are much greater than 3(2):451-64)studied the impacts of Program#15030 DTL.Federal Water from almost any other land use development on fluvial systems in Quality Administration,U.S. (Novotny,V.and H.Clem. 1994. Water Maryland and determined that sediment Department of Interior.Washington,DC) Quality:Prevention,Identification,and yields in areas undergoing construction Yorke and Herb(Yorke,T.H.,and W.J. Management of Diffuse Pollution.New were 1.5 to 75 times greater than Herb. 1978.Effects of Urbanization on York:Van Nostrand Reinhold).Results detected in natural or agricultural Streamflow and Sediment Transport in from both field studies and erosion catchments.The authors summarize the the Rock Creek and Anacostia River models indicate that erosion rates from potential impacts of construction on Basins,Montgomery County,Maryland, construction sites are typically an order sediment yields by stating that"the 1962-74.USGS Professional Paper 1003, of magnitude larger than row crops and equivalent of many decades of natural Washington,DC)evaluated nine several orders of magnitude greater than or even agricultural erosion may take subbasins in the Maryland portion of rates from well-vegetated areas,such as place during a single year from areas the Anacostia watershed for more than forests or pastures(USDA. 1970. cleared for construction"(Wolman and a decade in an effort to define the "Controlling Erosion on Construction Schick, 1967). impacts of changing land use/land cover Sites."Agriculture Information Bulletin, A number of studies have examined on sediment in runoff.Average annual Washington,DC;Meyer,L.D.,W.H. the effects of road construction on suspended sediment yields for Wischmeier,and W.H.Daniel. 1971. erosion rates and sediment yields.A construction sites ranged from 7 to 100 "Erosion,Runoff and Revegetation of highway construction project in West tons/acre.Storm water discharges from Denuded Construction Sites." Virginia disturbed only 4.2 percent of a construction sites that occur when the Transactions of the ASAE 14(1):138-41; 4.72-square-mile basin,but resulted in a land area is disturbed(and prior to 68730 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations surface stabilization)can significantly sediment deposits,causing changes in measured from larger sites,EPA gave a impact designated uses.Examples of aquatic flora and fauna,such as fish grant to the Dane County,Wisconsin designated uses include public water species composition(Wolman and Land Conservation Department,in supply,recreation,and propagation of Schick,1967). In addition,the primary cooperation with the USGS,to evaluate fish and wildlife.The siltation process cause of coral reef degradation in coastal sediment runoff from two small described previously can threaten all areas is attributed to land disturbances construction sites.The first was a 0.34 three designated uses by(1)depositing and dredging activities due to urban acre residential lot and the second was high concentrations of pollutants in development(Rogers,C.S. 1990. a 1.72 acre commercial office public water supplies;(2)decreasing the "Responses of Coral Reefs and Reef development.Runoff from the sites was depth of a waterbody,which can reduce Organizations to Sedimentation." channeled to a single discharge point for the volume of a reservoir or result in Marine Ecology Progress Series,62:185— monitoring.Each site was monitored limited use of a water body by boaters, 202). before,during,and after construction. swimmers,and other recreational EPA believes that the water quality The Dane County study found that enthusiasts;and(3)directly impairing impact from small construction sites is total solids concentrations from these the habitat of fish and other aquatic as high as or higher than the impact small sites are similar to total solids species,which can limit their ability to from larger sites on a per acre basis.The concentrations from larger construction reproduce. concentration of pollutants in the runoff sites.Results show that for both of the Excess sediment can cause a number from smaller sites is similar to the study sites,total solids and suspended of other problems for waterbodies.It is concentrations in the runoff from larger solids concentrations were significantly associated with increased turbidity and sites.The proportion of sediment that higher during construction than either reduced light penetration in the water makes it from the construction site to before or after construction. For column,as well as more long-term surface waters is likely the same for example,preconstruction total solids effects associated with habitat larger and smaller construction sites in concentrations averaged 642 mg/L destruction and increased difficulty in urban areas because the runoff from during the period when ryegrass was filtering drinking water.Numerous either site is usually delivered directly established,active construction total studies have examined the effect that to the storm drain network where there solids concentrations averaged 2,788 excess sediment has on aquatic is no opportunity for the sediment to be mg/L,and post-construction total solids ecosystems.For example,sediment from filtered out. concentrations averaged 132 mg/L(on a The expected contribution of total pollutant load basis,this equaled 7.4 lbs road construction activity in Northern sediment yields from small sites preconstruction,35 lbs during Virginia reduced aquatic insect and fish depends,in part,on the extent to which construction,and 0.6 lbs post- communities by up to 85 percent and 40 erosion and sedimentation controls are construction for total solids).While this percent,respectively(Reed,J.R. 1997. being applied.Because current storm site was not properly stabilized before Stream Community Responses to Road water regulations are more likely to construction,after construction was Construction Sediments."Bulletin No. require erosion and sedimentation complete and the site was stabilized, 97.Virginia Water Resources Research controls on larger sites in urban areas, post-construction concentrations were Center,Virginia Polytechnic Institute, smaller construction sites that lack such more than 20 times less than during Blacksburg,VA.As cited in Klein,R.D, programs are likely to contribute a construction.The results were even 1990.A Survey of Quality of Erosion disproportionate amount of the total more dramatic for the commercial site. and Sediment Control and Storm Water sediment from construction activities The commercial site had one Management in the Chesapeake Bay (MacDonald,L.H. 1997. Technical preconstruction event,which resulted Watershed.Annapolis,MD:Chesapeake Justification for Regulating Construction in total solids concentrations of 138 mg/ Bay Foundation).Other studies have Sites 1-5 Acres in Size.Unpublished L,while active construction averaged shown that fine sediment(fine sand or report submitted to U.S.EPA, more than 15,000 mg/L and post- smaller)adversely affects aquatic Washington,DC). Smaller construction construction averaged only 200 mg/L ecosystems by reducing light sites are less likely to have an effective (on a pollutant load basis,this equaled penetration,impeding sight-feeding, plan to control erosion and 0.3 lbs preconstruction,490 lbs during smothering benthic organisms,abrading sedimentation,are less likely to construction,and 13.4 lbs post- gills and other sensitive structures, properly implement and maintain their construction for total solids).The active reducing habitat by clogging interstitial plans,and are less likely to be inspected construction period resulted in more spaces within a streambed,and (Brown,W. and D.Caraco. 1997. than 75 times more sediment than either reducing the intergravel dissolved Controlling Storm Water Runoff before or after construction(Owens, oxygen by reducing the permeability of Discharges from Small Construction D.W.,P.Jopke,D.W. Hall,J.Balousek the bed material(Everest,F.H.,J.C. Sites:A National Review.Submitted to and A.Roa. 1999. "Soil Erosion from Beschta,K.V.Scrivener,J.R.Koski,J.R. Office of Wastewater Management,U.S. Small Construction Sites."Draft USGS Sedell,and C.J.Cederholm. 1987. "Fine EPA,Washington,DC.,by the Center for Fact Sheet.USGS and Dane County Sediment and Salmonid Production:A Watershed Protection,Silver Spring, Land Conservation Department,WI). Paradox."Streamside Management: MD).The proportion of sediment that The total solids concentrations from Forestry and Fishery Interactions, makes it from the construction site to these small sites in Wisconsin are Contract No. 57,Institute of Forest surface waters is likely the same for similar to total solids concentrations Resources,University of Washington, larger and smaller construction sites in from larger construction sites.For Seattle,WA). For example,4.8 and 5.6 urban areas because the runoff from example,a study evaluating the effects kilometers of stream below construction either site is usually delivered directly of highway construction in West sites in the Patuxent River watershed in to the storm drain network,where there Virginia found that a small storm Maryland were found to have fine is no opportunity for the sediment to be produced a sediment concentration of sediment amounts 15 times greater than filtered out. 7,520 mg/L(Downs and A pel,1986). normal(Fox, 1974.As cited in Klein, To confirm its belief that sediment One important aspect of small 1979). Benthic organisms in the yields from small sites are as high as or construction sites is the number of small streambed can be smothered by higher than the 20 to 150 tons/acre/year sites relative to larger construction sites Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68731 and total land area within the Several commenters disputed the data stringent requirements necessary to watershed.Brown and Caraco surveyed presented in the proposed rule for storm meet water quality standards. Section 219 local jurisdictions to assess erosion water discharges from smaller 402(p)(3)(B)establishes NPDES permit and sediment control(ESC)programs. construction sites.One commenter standards for discharges from municipal Seventy respondents provided data on stated that EPA has not adequately separate storm sewer systems,or MS4s. the number of ESC permits for explained the basis for permitting NPDES permits for discharges from construction sites smaller than 5 acres. construction activity down to 1 MS4s(1)may be issued on a system or In 27 cases(38 percent of the disturbed acre.Another commenter jurisdiction-wide basis,(2)must include respondents),more than three-quarters stated that EPA did not present a requirement to effectively prohibit of the permits were for sites smaller sufficient data on water quality impacts non-storm water discharges into the than 5 acres;in another 18 cases(26 from construction sites disturbing less storm sewers,and(3)must require percent),more than half of the permits than 5 acres. controls to reduce pollutant discharges were for sites smaller than 5 acres. EPA believes that the data presented to the maximum extent practicable, In addition,data on the total acreage above sufficiently support nationwide including best management practices, disturbed by smaller construction sites designation of storm water discharges and other provisions as the have been collected recently in two from construction activity disturbing Administrator or the States determine to States(MacDonald,1997).The most more than 1 acre.Based on total be appropriate for the control of such recent and complete data set is the disturbed land area within a watershed, pollutants.At this time,EPA determines listing of the disturbed area for each of the cumulative effects of numerous that water quality-based controls, the 3,831 construction sites permitted in small construction sites can have implemented through the iterative North Carolina for 1994-1995 and impacts similar to those of larger sites processes described today are 1995-1996.Nearly 61 percent of the in a particular area.In addition,waivers appropriate for the control of such sites that were 1 acre or larger were for storm water discharges from smaller pollutants and will result in reasonable between 1.0 and 4.9 acres in size.This construction activity will exclude sites further progress towards attainment of proportion was consistent between not expected to impair water quality. water quality standards. See sections years.Data showed that this range of EPA will continue to collect water II.L and II.H.3 of the preamble. sites accounted for 18 percent of the quality data on construction site storm In CWA section 402(p)(4),Congress total area disturbed by construction.The water runoff. established statutory deadlines for the values showed very little variation C. Statutory Background initial steps in implementing the NPDES between the 2 years of data.The total program for storm water discharges. disturbed area for all sites over this 2- In 1972,Congress enacted the CWA to This section required development of year period was nearly 33,000 acres,or prohibit the discharge of any pollutant NPDES permit application regulations, about 0.1 percent of the total area of to waters of the United States from a submission of NPDES permit North Carolina. point source unless the discharge is applications,issuance of NPDES EPA estimates that construction sites authorized by an NPDES permit. permits for sources identified in section disturbing greater than 5 acres disturb Congress added CWA section 402(p)in 402(p)(2),and compliance with NPDES f ti a t l i ir reque implementation o 2.1-million acres of land(78.1 percent of 1987 to permit conditions.In addition,this the total)while sites disturbing between comprehensive program for addressing section required industrial facilities and 1 and 5 acres of land disturb 0.5-million storm water discharges. Section402( )(1)reuired EPA or NPDES- large MS4s to submit NPDES permit p q acres of land(19.4 percent).The applications for storm water discharges remaining sites on less than 1 acres of authorized States or Tribes to issue by February 4, 1990.Medium MS4s land disturb 0.07-million acres of land NPDES permits for the following fiveclasses of storm water discharges were to submit NPDES permit (only 2.5 percent of the total).Given the composed entirely of storm water applications by February 4, 1992.EPA comp y high erosion rates associated with most and authorized NPDES States were construction sites,small construction ("storm water discharges")specifically prohibited from requiring an NPDES sites can be a significant source of water listed under section 402(p)(2):(A)a discharge subject to an NPDES Permit for any other storm water quality impairment,particularly in permit before February 4,1987 discharges until October 1, 1994. small watersheds that are undergoing (B)a discharge associated with Section 402(p)(5)required EPA to rapid development.Exempting sites industrial activity conduct certain studies and submit a under 1 acre will exclude only about 2.5 (C)a discharge from a municipal report to Congress.This requirement is percent of acreage from program separate storm sewer system serving a discussed in the following section. coverage,but will exclude a far higher po ulation of 250,000 or more Section 402(p)(6)requires EPA,in number of sites,approximately 25 PD)a discharge from a municipal consultation with States and local percent. separate storm sewer system serving a officials,to issue regulations for the Several studies have determined that population of 100,000 or more but less designation of additional storm water the most effective construction runoff than 250,000 discharges to be regulated to protect control programs rely on local plan (E)a discharge that an NPDES water quality.It also requires EPA to review and field enforcement(Paterson, permitting authority determines to be extend the existing storm water program R. G. 1994. "Construction Practices:the contributing to a violation of a water to regulate newly designated sources.At Good,the Bad,and the Ugly." quality standard or a significant a minimum,the extension must Watershed Protection Techniques 1(3)). contributor of pollutants to the waters of establish(1)priorities,(2)requirements In his review,Paterson suggests that, the United States. for State storm water management given the critical importance of field Section 402(p)(3)(A)requires storm programs,and(3)expeditious implementation of erosion and sediment water discharges associated with deadlines.Section 402(p)(6)specifies control programs and the apparent industrial activity to meet all applicable that the program may include shortcomings that exist,much more provisions of section 402 and section performance standards,guidelines, focus should be given to plan 301 of the CWA,including technology- guidance,and management practices implementation. based requirements and any more and treatment requirements,as 68732 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations appropriate.Today's rule implements sectors,which included sources that EPA believes that it has developed an this section. EPA expected to contribute to storm adequate record for today's regulation D.EPA's Reports to Congress water contamination due to the both through the Report to Congress and activities conducted and pollutants the Clean Water Initiative and through Under CWA section 402(p)(5),EPA,in anticipated onsite(e.g.,vehicle more recent activities,including the consultation with the States,was maintenance,machinery and electrical FACA Subcommittee process,regulatory required to conduct a study.The study repair,and intensive agricultural notices and evaluation of comments, was to identify unregulated sources of activities). and recent research and analysis.EPA storm water discharges,determine the EPA reported on the latter component does not interpret the congressional nature and extent of pollutants in such of the section 402(p)(5)study via reporting requirements of CWA section discharges,and establish procedures President Clinton's Clean Water 402(p)(5)to be the sole basis for and methods to mitigate the impacts of Initiative,which was released on determining sources to be regulated such discharges on water quality. February 1,1994(U.S.Environmental under today's final rule. Section 402(p)(5)also required EPA to protection Agency,Office of Water. EPA's decision to designate on a report the results of the first two 1994.President Clinton's Clean Water national basis small MS4s in urbanized components of that study to Congress by Initiative.Washington,D.C.EPA 800—R— areas is supported by studies that October 1, 1988,and the final report by 94-001) ("Initiative").The Initiative clearly show a direct correlation October 1,1989. addressed a number of issues associated between urbanization and adverse water In March 1995,EPA submitted to with NPDES requirements for storm quality impacts from storm water Congress a report that reviewed and discharges. (Schueler,T. 1987. analyzed the nature of storm water water discharges and proposed(1) y establishing a phased compliance with Controlling Urban Runoff:A Practical discharges from municipal and a water quality standards approach for Manual for Planning 6 Designing Urban industrialacilities that were not already discharges from municipal separate BMPs.Metropolitan Washington regulated under the initial NPDES Council of Governments). "Urbanized regulations for storm water(U.S. storm sewer systems with priority on areas"—within which all small MS4s Environmental Protection Agency, controlling discharges from municipal would be covered—represent the most Office of Water. 1995. Storm Water growth and development areas, (2) P clarifying that the maximum extent intensely developed and dense areas of Discharges Potentially Addressed by the Nation.They constitute only two Phase II o the National Pollutant practicable standard should be applied Discharge of System Storm in a site specific,flexible manner,taking of the total population. Seeercent of the land area 63 percent section I.B 1, Water Program:Report to Congress. into account cost considerations as well g p as water quality effects,(3)providing Urban Development,above,for studies Washington,D.C.EPA 833—K-94-002) ng an and assessments of the link between ("Report").The Report also analyzed exemption from the NPDES program for urban development and storm water associated pollutant loadings and water storm water discharges from industrial P g impacts on water resources. quality impacts from these unregulated facilities with no activities or significant Commenters argued that the Report to sources.Based on identification of materials exposed to storm water,(4) Congress does not address storm water unregulated municipal sources and providing extensions to the statutory discharges from construction sites.They analysis of information on impacts of deadlines to complete implementation further argued that the designation of storm water discharges from municipal of the NPDES program for the storm small construction sites per today's final sources,the Report recommended that water program,(5)targeting urbanized rule goes beyond the President's 1994 the NPDES program for storm water areas for the requirements in the NPDES Initiative because the Initiative only focus on the 405 "urbanized areas" program for storm water,and(6) recommends requiring municipalities to identified by the Bureau of the Census. providing control of discharges from implement a storm water management The Report further found that a number inactive and abandoned mines located program to control unregulated storm of discharges from unregulated on Federal lands in a more targeted, water sources,"including discharges industrial facilities warranted further flexible manner.Additionally,prior to from construction of less than 5 acres, investigation to determine the need for promulgation of today's rule,section which are part of growth,development regulation. It classified these 431 of the Agency's Appropriation Act and significant redevelopment unregulated industrial discharges in two for FY 2000(Departments of Veterans activities."They point out that the groups:Group A and Group B.Group A Affairs and Housing and Urban Initiative provides that unregulated comprised sources that may be Development and Independent Agencies storm water discharges not addressed considered a high priority for inclusion Appropriations Act of 2000,Public Law through a municipal program would not in the NPDES program for storm water 106-74,section 432 (1999))directed be covered by the NPDES program. because discharges from these sources EPA to report on certain matters to be Commenters assert that EPA has not are similar or identical to already covered in today's rule.That report developed a record independent of its regulated sources.These"look alike" supplements the study required by section 402(p)(5)studies that storm water discharge sources were not CWA Section 402(p)(5).EPA is demonstrates the necessity of regulating covered in the initial NPDES regulations publishing the availability of that report under a separate NPDES permit storm for storm water due to the language used elsewhere in this issue of the Federal water discharges from smaller to define"associated with industrial Register. construction sites"to protect water activity."In the initial regulations for Several commenters asserted that the quality."EPA disagrees. storm water,"industrial activity"is Report to Congress is an inadequate EPA evaluated the nature and extent identified using Standard Industrial basis for the designation and regulation of pollutants from construction site Classification(SIC)codes.The use of of sources covered under today's final sources in a process that was separate SIC codes led to incomplete rule,specifically the nationwide and distinct from the development of categorization of industrial activities designation of small municipal separate the Report to Congress.Today's decision with discharges that needed to be storm sewer systems within urbanized to regulate certain storm water regulated to protect water quality. areas and construction activities discharges from construction sites Group B consisted of 18 industrial disturbing between one and five acres, disturbing less than 5 acres arose in part Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68733 out of the 9th Circuit remand in NRDC data,these sources were not appropriate programs,which are described briefly v.EPA,966 F.2d 1292 (9th Cir. 1992). for nationwide designation at this time. below. In that case,the court remanded E.Industrial Facilities Otivned or In 1987,section 319 was added to the portions of the Phase I storm water Operated by Small Municipalities CWA to provide a framework for regulations related to discharges from funding State and local efforts to construction sites.Those regulations Congress granted extensions to the address pollutants from nonpoint define"storm water discharges NPDES permit application process for sources not addressed by the NPDES associated with industrial activity"to selected classes of storm water program.To obtain funding,States are include only those storm water discharges associated with industrial required to submit Nonpoint Source discharges from construction sites activity.On December 18,1991, Assessment Reports identifying State disturbing 5 acres or more of total land Congress enacted the Intermodal waters that,without additional control area(see 40 CFR 122.26(b)(14)(x)).In its Surface Transportation Efficiency Act of nonpoint sources of pollution,could decision,the court concluded that the 5- (ISTEA),which postponed NPDES not reasonably be expected to attain or acre threshold was improper because permit application deadlines for most maintain applicable water quality the Agency had failed to identify storm water discharges associated with standards or other goals and information"to support its perception industrial activity at facilities that are requirements of the CWA.States are that construction activities on less than owned or operated by small also required to prepare and submit for 5 acres are non-industrial in nature" municipalities.EPA and States EPA approval a statewide Nonpoint (966 F.2d at 1306).The court remanded authorized to administer the NPDES Source Management Program for the below 5 acre exemption to EPA for program could not require any controlling nonpoint source water further proceedings(966 F.2d at 1310). municipality with a population of less pollution to navigable waters within the In a Federal Register notice issued on than 100,000 to apply for or obtain an State and improving the quality of such December 18,1992,EPA noted that it NPDES permit for any storm water waters. State program submittals must did not believe that the Court's decision discharge associated with industrial identify specific best management had the effect of automatically activity prior to October 1,1992,except practices(BMPs)and measures that the subjecting small construction sites to for storm water discharges from airports, State proposes to implement in the first the existing application requirements power plants,or uncontrolled sanitary four years after program submission to and deadlines.EPA believed that landfills. See 40 CFR 122.26(e)(1); 57 FR reduce pollutant loadings from additional notice and comment were 11524,April 2,1992 (reservation of identified nonpoint sources to levels necessary to clarify the status of these NPDES application deadlines for ISTEA required to achieve the stated water sites.The information received during facilities). quality objectives. the notice and comment process and The facilities exempted by ISTEA State nonpoint source programs additional research,as discussed in discharge storm water in the same funded under section 319 can include section I.B.3 Construction Site Runoff, manner(and are expected to use both regulatory and nonregulatory State formed the basis for the designation of identical processes and materials)as the and local approaches. Section construction activity disturbing between industrial facilities regulated under the 319(b)(2)(B)specifies that a combination one and five acres on a nationwide 1990 Phase I regulations.Accordingly, of"nonregulatory or regulatory basis.EPA's objectives in today's these facilities pose similar water programs for enforcement,technical proposal include an effort to(1)address quality problems.The extended assistance,financial assistance, the 9th Circuit remand, (2)address moratorium for these facilities was education,training,technology transfer, water quality concerns associated with necessary to allow municipalities and demonstration projects'may be construction activities that disturb less additional time to comply with NPDES used,as necessary,to achieve than 5 acres of land,and(3)balance requirements.The proposal for today's implementation of the BMPs or conflicting recommendations and rule would have maintained the existing measures identified in the section 319 concerns of stakeholders. deadline for seeking coverage under an submittals. One commenter noted that EPA's NPDES permit(August 7,2001). Section 6217 of the Coastal Zone Act proposal would fail to regulate Today's rule changes the permit Reauthorization Amendments(CZARA) industrial facilities identified as Group application deadline for such of 1990 provides that States with A and Group B in the March 1995 municipally owned or operated approved coastal zone management Report to Congress.EPA is relying on facilities discharging industrial storm programs must develop coastal the analysis in the Report,which water to make it consistent with the nonpoint pollution control programs provided that the recommendation for application date for small regulated and submit them to EPA and the coverage was meant as guidance and MS4s.Because EPA missed its March National Oceanic and Atmospheric was not intended to be an identification 1999 deadline for promulgating today's Administration(NOAA)for approval. of specific categories that must be rule,and the deadline for MS4s to Failure to submit an approvable regulated under Section 402(p)(6). submit permit applications has been program will result in a reduction of Report to Congress,p.4-1.The Report extended to three years and 90 days Federal grants under both the Coastal recognized the existence of limited data from the date of this notice,the deadline Zone Management Act and section 319 on which to base loadings estimates to for permitting ISTEA sources has been of the CWA. support the nationwide designation of similarly extended.The permitting of State coastal nonpoint pollution individual or categories of sources. these sources is discussed below in control programs under CZARA must Report to Congress,p.4-44. section"II.I.3.ISTEA Sources." include enforceable policies and Furthermore,during FACA mechanisms that ensure Subcommittee discussion,EPA F.Related Nonpoint Source Programs implementation of the management continued to urge stakeholders to Today's rule addresses point source measures throughout the coastal provide further data relating to discharges of storm water runoff and management area.EPA issued Guidance industrial and commercial storm water non-storm water discharges into MS4s. Specifying Management Measures for sources,which EPA did not receive. Many of these sources have been Sources of Nonpoint Pollution in EPA concluded that,due to insufficient addressed by nonpoint source control Coastal Waters under section 6217(g)in 68734 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations January 1993.The guidance identifies EPA is implementing the requirement locally-based designation and waivers. management measures for five major under CWA section 402(p)(6)to provide Nationwide designation applies to those categories of nonpoint source pollution. a comprehensive storm water program classes or categories of storm water The management measures reflect the that designates and controls additional discharges that EPA believes present a greatest degree of pollutant reduction sources of storm water discharges to high likelihood of having adverse water that is economically achievable for each protect water quality. Second,EPA is quality impacts,regardless of location. of the listed sources.These management addressing storm water discharges from Specifically,today's rule designates measures provide reference standards the activities exempted under the 1990 discharges from small MS4s located in for the States to use in developing or storm water permit application urbanized areas and storm water refining their coastal nonpoint regulations that were remanded by the discharges from construction activities programs.A few management measures, Ninth Circuit Court of Appeals in NRDC that result in land disturbance equal to however,contain quantitative standards v.EPA,966 F.2d 1292 (9th Circuit, or greater than one and less than five that specify pollutant loading 1992).These are construction activities acres.As noted under Section I.B., reductions. For example,the New disturbing less than 5 acres and so Development Management Measure, called"light"industrial activities not Water Quality Concerns/Environmental which is applicable to construction in exposed to storm water(see discussion Impact Studies and Assessments,these urban areas,requires(1)that by design of"no exposure"below).Third,EPA is two categories of storm water sources, or performance the average annual total providing coverage for the so-called when unregulated,tend to cause suspended solid loadings be reduced by "donut holes"created by the existing significant adverse water quality 80 percent and(2)to the extent NPDES storm water program.Donut impacts.Additional sources are not practicable,that the pre-development holes are geographic gaps in the NPDES covered on a nationwide basis either peak runoff rate and average volume be storm water program's regulatory because EPA currently lacks maintained. scheme.They are MS4s located within information indicating a consistent EPA and NOAA published Coastal areas covered by the existing NPDES potential for adverse water quality Nonpoint Pollution Control Program: storm water program,but not currently impact or because EPA believes that the Program Development and Approval addressed by the storm water program likelihood of adverse impacts on water Guidance(1993).The document because it is based on political quality is low,with some localized clarifies that States generally must jurisdictions.Finally,EPA also is trying exceptions.Additional individual implement management measures for to promote watershed planning as a sources or categories of storm water each source category identified in the framework for implementing water discharges could,however,be covered EPA guidance developed under section quality programs where possible. under the program through a local 6217(g).Coastal Nonpoint Pollution Control Programs are not required to Although EPA had options for designation process.A permitting address sources that are clearly different approaches(see alternatives authority may designate additional regulated under the NPDES program as discussed in the January 9,1998, small MS4s after developing designation point source discharges. Specifically, proposed regulation),EPA believes it criteria and applying those criteria to such programs would not need to can best achieve its objectives through small MS4s located outside of an address small MS4s and construction flexible innovations within the urbanized area,in particular those with sites covered under NPDES storm water framework of the NPDES program. a population of 10,000 or more and a permits(both general and individual). Unlike the interim section 402(p)(6) population density of at least 1,000. storm water regulations EPA Exhibit 1 illustrates the designation 11.Description of Program promulgated in 1995,EPA no longer framework for today's final rule. A. Overview designates all of the unregulated storm water discharges for nationwide BILLING CODE 6560.50-P 1.Objectives EPA Seeks To Achieve in coverage under the NPDES program for Today's Rule storm water.The framework for today's EPA seeks to achieve several final rule is one that balances automatic objectives in today's final rule.First, designation on a nationwide basis and Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68735 EXHIBIT I.—PHASE II SOURCE DECISIONS WATER QUALITY IMPACT OF SOURCES LOW LIKELIHOOD/ HIGH LIKELIHOOD INSUFFICIENT INFORMATION NOT AUTOMATICALLY AUTOMATICALLY DESIGNATED BY RULE National DESIGNATED BY RULE • Small MS4s located outside Urbanized Areas. Assessment All small MS4s located inside Urbanized • Construction activity that results in the land �-� Areas. disturbance of less than 1 acre. Construction activity that results in the land disturbance of greater than or equal to 1 acre • Non-Phase I industrial and commercial sources. and less than 5 acres. BUT DESIGNATED BY PERMITTING AUTHORITY IF BUT WAIVERS PROVIDED FOR • Regulated small MS4s that serve a population • A small MS4 meets the designation criteria.The of less than 1,000, are not contributing permitting authorities are required to develop substantially to the pollutant loadings of a and apply designation criteria to,at a minimum, physically interconnected MS4,and if those small MS4s located in an area with a Local discharging to an impaired water body,storm population of at least 10,000 and a population Water Quality water controls not needed based on a TMDL density of at least 1,000. Assessment that addresses the pollutants of concern. • A small MS4 is contributing substantially to the Regulated small MS4s that serve a pollutant loadings of a physically interconnected population under 10,000, permitting MS4 that is regulatcd by the NPDES storm authority has evaluated all waters that water program. received a discharge from the MS4,storm • A TMDL* defines a need to cover small MS4s, water controls are not needed based on a construction activity, and industrial/commercial TMDL for those waters, and future sources not currently regulated. discharges from the MS4 are evaluated. • It is determined that the storm water discharge Construction activity disturbing between I from a small MS4, construction site or and 5 acres where: industrial/commercial facility contributes to a (1) Activity occurs during a negligible violation of a water quality standard or is a rainfall period(rainfall erosivity factor significant contributor of pollutants to waters of of less than 5),or the United States. (2) A TMDL or equivalent analysis addresses the pollutants of concern leading to a determination that storm water controls are not necessary for construction activity. 'EPA will continue to require States to comply with their Total Maximum Daily Load (TMDL) implementation schedules. BILLING CODE 6560-50-C 68736 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations The designation framework for 2. General Requirements for Regulated development and redevelopment;and today's final rule provides a significant Entities Under Today's Rule pollution prevention and good degree of flexibility.The proposed As previously noted,today's final rule housekeeping of municipal operations. provisions for nationwide designation of defines additional classes and categories These program components will be storm water discharges from of storm water discharges for coverage implemented through NPDES permits. construction and from small MS4s in under the NPDES program.These A regulated small MS4 is required to urbanized areas allowed for a waiver of designated dischargers are required to submit to the NPDES permitting applicable requirements based on seek coverage under an NPDES permit, authority,either in its notice of intent appropriate water quality conditions. Furthermore,all NPDES-authorized (NOI)or individual permit application, Today's final rule expands and States and Tribes are required to the BMPs to be implemented and the simplifies those waivers. implement these provisions and make measurable goals for each of the The permitting authority may waive any necessary amendments to current minimum control measures listed the requirement for a permit for any State and Tribal NPDES regulations to above. small MS4 serving a jurisdiction with a ensure consistency with today's final The rule addresses all storm water population of less than 1,000 unless rule.EPA remains the NPDES discharges from construction site storm water controls are needed because permitting authority for jurisdictions activities involving clearing,grading the MS4 is contributing to a water without NPDES authorization. and excavating land equal to or greater quality impairment.The permitting Today's final rule includes some new than 1 acre and less than 5 acres,unless authority may also waive permit requirements for NPDES permitting requirements are otherwise waived by coverage for MS4s serving a jurisdiction authorities implementing the CWA the NPDES permitting authority. with a population of less than 10,000 if section 402(p)(6)program.EPA has Discharges from such sites,as well as all waters that receive a discharge from made a significant effort to build construction sites disturbing less than 1 the MS4 have been evaluated and flexibility into the program while acre of land that are designated by the discharges from the MS4 do not attempting to maintain an appropriate permitting authority,are required to significantly contribute to a water level of national consistency.Permitting implement requirements set forth in the quality impairment or have the potential authorities must ensure that NPDES NPDES permit,which may reference the to cause an impairment.Today's rule permits issued to MS4s include the requirements of a qualifying local also allows States with a watershed minimum control measures established program issued to cover such permitting approach to phase in under the program.Permitting discharges. coverage for MS4s in jurisdictions with authorities also have the ability to make The rule also addresses certain other populations under 10,000. numerous decisions including who is sources regulated under the existing Water quality conditions are also the regulated under the program,i.e.,case- NPDES program for storm water.For basis for a waiver of requirements for by-case designations and waivers,and municipally-owned industrial sources storm water discharges from how responsibilities should be allocated required to be regulated under the construction activities disturbing between regulated entities. existing NPDES storm water program Today's final rule extends the NPDES but exempted from immediate between one and five acres.For these program to include discharges from the compliance by the Intermodal Surface small construction sources,the rule following:small MS4s within urbanized Transportation Act of 1991 (ISTEA),the provides significant flexibility for areas(with the exception of systems rule revises the existing deadline for waiving otherwise applicable regulatory waived from the requirements by the seeking coverage under an NPDES requirements where a permitting NPDES permitting authority determines,based on water authority);other permit(August 7, 2001)to make it quality and watershed considerations, small MS4s meeting designation criteria consistent with the application date for that storm water discharge controls are to be established by the permitting small regulated MS4s. (See section I.3. not needed. authority;and any remaining MS4 that below.)The rule also provides relief contributes substantially to the storm from NPDES storm water permitting Coverage can be extended to water pollutant loadings of a physically requirements for industrial sources with municipal and construction sources interconnected MS4 already subject to no exposure of industrial materials and outside the nationwide designated regulation under the NPDES program. activities to storm water. classes or categories based on watershed Small MS4s include urban storm sewer 3. Integration of Today's Rule With the and case-by-case assessments.For the systems owned by Tribes,States, Existing Storm Water Program municipal storm water program,today's political subdivisions of States,as well rule provides broad discretion to NPDES as the United States,and other systems In developing an approach for today's permitting authorities to develop and located within an urbanized area that final rule,numerous early interested implement criteria for designating storm fall within the definition of an MS4. stakeholders encouraged EPA to seek water discharges from small MS4s These include,for example,State opportunities to integrate,where outside of urbanized areas.Other storm departments of transportation(DOTS), possible,the proposed Phase II water discharges from unregulated public universities,and federal military requirements with existing Phase I industrial,commercial,and residential bases. requirements,thus facilitating a unified sources will not be subject to the NPDES Today's final rule requires all storm water discharge control program. permit requirements unless a permitting regulated small MS4s to develop and EPA believes that this objective is met authority determines on a case-by-case implement a storm water management by using the NPDES framework.This basis(or on a categorical basis within program.Program components include, framework is already applied to identified geographic areas such as a at a minimum,6 minimum measures to regulated storm water discharge sources State or watershed)that regulatory address:public education and outreach; and is extended to those sources controls are needed to protect water public involvement;illicit discharge designated under today's rule.This quality.EPA believes that the flexibility detection and elimination;construction approach facilitates program provided in today's rule facilitates site runoff control;post-construction consistency,public access to watershed planning. storm water management in new information,and program oversight. Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68737 EPA believes that today's final rule plan;such permit conditions must directly or indirectly to the provides consistency in terms of provide for attainment of applicable comprehensive NPDES storm water program coverage and requirements for water quality standards(including program.Based on this effort,EPA is existing and newly designated sources. designated uses),allocations of developing a tool box containing fact For example,the rule includes most of pollutant loads established by a TMDL, sheets and guidance documents the municipal donut holes,those MS4s and timing requirements for pertaining to the overall program and located in incorporated places, implementation of a TMDL.If the rule requirements(e.g.,guidance on townships or towns with a population permitting authority issues a State-wide municipal and construction programs, under 100,000 that are within Phase I general permit,the permitting authority and permitting authority guidance on counties.These MS4s are not addressed may include separate conditions designation and waiver criteria);models by the existing NPDES storm water tailored to individual watersheds or of current programs aimed at assisting program while MS4s in the surrounding urbanized areas.Of course,for a newly States,Tribes,municipalities,and county are currently addressed.In regulated MS4,modification of an others in establishing programs;a addition,the minimum control existing individual MS4 permit to comprehensive list of reference measures required in today's rule for include the newly regulated MS4 as a documents organized according to regulated small MS4s are very similar to "limited co-permittee"also remains an subject area(e.g., illicit discharges, a number of the permit requirements for option. watersheds,water quality standards medium and large MS4s under the 5.Tool Box attainment,funding sources,and similar existing storm water program.Following types of references);educational today's rule,permit requirements for all During the FACA process,many materials;technical research data;and regulated MS4s (both those under the Storm Water Phase II FACA demonstration project results.The existing program and those under Subcommittee representatives expressed information collected by EPA will not today's rule)will require an interest,which was endorsed by the only provide the background for tool implementation of BMPs.Furthermore, full Committee,in having EPA develop box materials,but will also be made with regard to the development of a"tool box"to assist States,Tribes, available through an information NPDES permits to protect water quality, municipalities,and other parties clearinghouse on the world wide web. EPA intends to apply the August 1, involved in the Phase II program.EPA With assistance from EPA,the 1996,Interim Permitting Approach for made a commitment to work with Storm American Public Works Association Water(duality-Based Effluent Water Phase II FACA Subcommittee (APWA)developed a workbook and Limitations in Storm Water Permits representatives in developing such a series of workshops on the proposed (hereinafter,"Interim Permitting tool box,with the expectation that a tool Phase II rule.Ten workshops were held Approach") (see Section II.L.1.for box would facilitate implementation of from September 1998 through May further description)to all MS4s covered the storm water program in an effective 1999.Depending on available funding, by the NPDES program. and cost-efficient manner.EPA has these workshops may continue after EPA is applying NPDES permit developed a preliminary working tool publication of today's final rule.EPA requirements to construction sites below box(available on EPA's web page at also intends to provide training to 5 acres that are similar to the existing www.epa.gov/owm/sw/toolbox).EPA enable regional offices to educate States, requirements for those above 5 acres intends to have the tool box fully Tribes,and municipalities about the and above. In addition,today's rule developed by the time of the first storm water program and the allows compliance with qualifying general permits.EPA also intends to availability of the tool box materials. local,Tribal,or State erosion and update the tool box as resources and The CWA currently provides funding sediment controls to meet the erosion data become available.The tool box will mechanisms to support activities related and sediment control requirements of include the following eight main to storm water.These mechanisms will the general permits for storm water components:fact sheets;guidances;a be described in the tool box.Activities discharges associated with construction, menu of BMPs for the six MS4 funded under grant and loan programs, both above and below 5 acres. minimum measures;an information which could be used to assist in storm 4.General Permits clearinghouse;training and outreach water program development,include efforts;technical research;support for programs in the nonpoint source area, EPA recommends using general demonstration projects;and compliance storm water demonstration projects, permits for all newly regulated storm monitoring/assistance tools.EPA source water protection and wastewater water sources under today's rule.The intends to issue the menu of BMPs,both construction projects.EPA has already use of general permits,instead of structural and non-structural,by provided funding for numerous research individual permits,reduces the October 2000.In addition,EPA will efforts in these areas,including a administrative burden on permitting issue by October 2000 a"model"permit database of BMP effectiveness studies authorities,while also limiting the and will issue by October 2001 guidance (described below),an assessment of paperwork burden on regulated parties materials on the development of technologies for storm water seeking permit authorization.Permitting measurable goals for municipal management,a study of the authorities may,of course,require programs. effectiveness of storm water BMPs for individual permits in some cases to In an attempt to avoid duplication, controlling the impacts of watershed address specific concerns,including the Agency has undertaken an effort to imperviousness,protocols for wet permit non-compliance. identify and coordinate sources of weather monitoring,development of a EPA recommends that general permits information that relate to the storm dynamic model for wet weather flows, for MS4s,in particular,be issued on a water discharge control program from and numerous outreach projects. watershed basis,but recognizes that both inside and outside the Agency. EPA has entered into a cooperative each permitting authority must decide Such information includes research and agreement with the Urban Water how to develop its general permit(s). demonstration projects,grants,storm Resources Research Council of the Permit conditions developed to address water management-related programs, American Society of Civil Engineers concerns and conditions of a specific and compendiums of available (ASCE)to develop a scientifically-based watershed could reflect a watershed documents,including guidances,related management tool for the information 68738 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations needed to evaluate the effectiveness of the database,which includes data entry To obtain a copy of the database, urban storm water runoff BMPs and retrieval software,is available on please contact Jane Clary,Database nationwide.The long-term goal of the CD—ROM and operates on Windows®- Clearinghouse Manager,Wright Water National Stormwater BMP Database compatible personal computers.The Engineers,Inc., 2490 W. 26th Ave., project is to promote technical design ASCE project team envisions that Suite 100A,Denver,CO 80211;Phone improvements for BMPs and to better periodic updates to the database will be 303-480-1700;E-mail match their selection and design to the distributed through the Internet.The clary@wrightwater.com. local storm water problems being team is currently developing a system In addition,EPA requests that addressed.The project team has for Internet retrieval of selected database researchers planning to conduct BMP collected and evaluated hundreds of records,and this system is expected to performance evaluations compile and existing published BMP performance be available in early 2000. collect BMP reporting information studies and created a database covering about 75 test sites.The database EPA and ASCE invite BMP designers, according to the standard format includes detailed information on the owners and operators to participate in developed by ASCE.The format is design of each BMP and its watershed the continuing database development provided with the database software and characteristics,as well as its effort.To make this effort successful,a is also available on the ASCE website at performance.Eventually the database large database is essential.Interested www.asce.org/peta/tech/nsbdol.html. will include the nationwide collection persons are encouraged to submit their 6.Deadlines Established in Today's of information on the characteristics of BMP performance evaluation data and Action structural and non-structural BMPs, associated BMP watershed data collection efforts(e.g.,sampling characteristics for potential entry into Exhibit 2 outlines the various and flow gaging equipment), the database.The software included in deadlines established under today's climatological characteristics,watershed the CD-ROM allows data providers to final rule.EPA believes that the dates characteristics,hydrologic data,and enter their BMP data locally,retain and allow sufficient time for completion of constituent data.The database will edit the data as needed,and submit both the NPDES permitting authority's continue to grow as new BMP data them to the ASCE Database and the permittee's program become available.The initial release of Clearinghouse when ready. responsibilities. EXHIBIT 2—STORM WATER PHASE II ACTIONS DEADLINES Activity Deadline date NPDES-authorized States modify NPDES program if no statutory 1 year from date of publication of today's rule in the Federal Register. change is required. NPDES-authorized States modify NPDES program if statutory change 2 years from date of publication of today's rule in the Federal Reg- is required. ister. EPA issues a menu of BMPs for regulated small MS4s ......................... October 27,2000 ISTEA sources submit permit application ................................................ 3 years and 90 days from date of publication of today's rule in the Fed- eral Register. Permitting authority issues general permit(s) (if this type of permit cov- 3 years from date of publication of today's rule in the Federal Reg- erage is selected). ister. Regulated small MS4s submit permit application: a. If designated under§122.32(a)(1) unless the permitting author- a. 3 years and 90 days from date of publication of today's rule in the ity has established a phasing schedule under§123.35(d)(3). Federal Register. b. If designated under §122.32(a)(2) or §§122.26(a)(9)(i) (C) or b.Within 180 days of notice. (D). Storm water discharges associated with small construction activity sub- mit permit application: a. If designated under§122.26(b)(15)(i) .......................................... a. 3 years and 90 days from date of publication of today's rule in the Federal Register b. If designated under§122.26(b)(15)(ii) .......................................... b.Within 180 days of notice. Permitting authority designates small MS4s under§123.35(b)(2) .......... 3 years from date of publication of today's rule in the Federal Register or 5 years from date of publication of today's rule in the Federal Register if a watershed plan is in place Regulated small MS4s'program fully developed and implemented ........ Up to 5 years from date of permit issuance. Reevaluation of the municipal storm water rules by EPA ....................... 13 years from date of publication of today's rule in the Federal Reg- ister Permitting authority determination on a petition ...................................... Within 180 days of receipt. Non-municipal sources designated under §122.26(a)(9)(i) (C) or (D) Within 180 days of notice. submit permit application. Submission of No Exposure Certification ................................................. Every 5 years. B.Readable Regulations questions and answers,"you"to Some sections of today's final rule are Today,EPA is finalizing new identify the person who must comply, presented in the traditional language and terms like"must"rather than and format because these sections regulations in a"readable regulation" format.This reader-friendly,plain "shall"to identify a mandate.This new amend existing regulations.The language approach is a departure from format,which minimizes layers of readable regulation format was not used traditional regulatory language and subparagraphs,should also allow the in these existing provisions in an should enhance the rule's readability. reader to easily locate specific attempt to avoid confusion or disruption These plain language regulations use provisions of the regulation. Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68739 of the readability of the existing Act section 402(p)(6)as authorizing the smaller MS4s to optimize efforts to regulations. Agency to develop a storm water protect water quality. Most commenters supported EPA's program for Phase II sources either as Today's rule also applies NPDES use of plain language and agreed with part of the existing NPDES permit permit requirements to construction EPA that the question and answer program or as a stand alone non-NPDES sites below 5 acres that are similar to the format makes the rule easier to program such as a self-implementing existing requirements for those 5 acres understand.Three commenters thought rule. Under either approach,EPA and above.In addition,the rule would that EPA should retain the traditional interprets section 402(p)(6)as directing allow compliance with qualifying local, rule format.The June 1, 1998, EPA to publish regulations that Tribal,or State erosion and sediment Presidential memorandum directs all "regulate"the remaining unregulated controls to meet the erosion and government agencies to write sources,specifically to establish sediment control requirements of the documents in plain language.Based on requirements that are federally general permits for storm water the majority of the comments,EPA has enforceable under the CWA.Although discharges associated with construction, retained the plain language format used EPA believes that it has the discretion both above and below 5 acres. in the January 9, 1998,proposal in to not require sources regulated under Incorporating the CWA section today's final rule. CWA section 402(p)(6)to be covered by 402(p)(6)program into the NPDES The proposal to today's final rule NPDES permits,the Agency has program capitalizes upon the existing included guidance as well as legal determined,for the reasons discussed governmental infrastructure for requirements.The word"must" below,that it is most appropriate to use administration of the NPDES program. indicates a requirement.Words like NPDES permits in implementing the Moreover,much of the regulated "should,""could,"or"encourage" program to address the sources community already understands the indicate a recommendation or guidance. designated for regulation in today's rule. NPDES program and the way it works. In addition,the guidance was set off in As discussed in Section II.A, Another goal of the NPDES program parentheses to distinguish it from Overview,EPA sought to achieve approach is to provide flexibility in requirements. certain goals in today's final rule.EPA order to facilitate and promote EPA received numerous comments believes that the NPDES program best watershed planning and sensitivity to supporting the inclusion of guidance in achieves EPA's goals for today's final local conditions.NPDES permits the text of the Code of Federal rule for the reasons discussed below. promote those goals in several ways. Regulations(CFR),as well as comments p g opposing inclusion of guidance. Requiring Phase II sources to be NPDES general permits may be used to Supporters stated that preambles and covered by NPDES permits helps cover a category of regulated sources on guidance documents are often not address the consistency problems a watershed basis or within political accessible when rules are implemented. currently caused by municipal"donut boundaries.The NPDES permitting Any language not included in the CFR holes."Donut holes are gaps in program process provides a mechanism for storm is therefore not available when it may be coverage where a small unregulated water controls tailored on a case-by-case most needed.Commenters that opposed MS4 is located next to or within a basis,where necessary.In addition,the including guidance in the CFR regulated larger MS4 that is subject to NPDES permit requirements of a expressed the concern that any language an NPDES permit under the Phase I permittee may be satisfied by another in the rule might be interpreted as a NPDES storm water program.The cooperating entity.Finally,NPDES requirement,in spite of any clarifying existence of such"donut holes"creates permits may incorporate the language.They suggested that guidance an equity problem because similar requirements of existing State,Tribal be presented in the preamble and discharges may remain unregulated and local programs,thereby additional guidance documents. even though they cause or contribute to accommodating State and Tribes The majority of commenters on this the same adverse water quality impacts. seeking to coordinate the storm water issue thought that the guidance should Using NPDES permits to regulate the program with other programs,including be retained but the distinction between unregulated discharges in these areas is those that focus on watershed-based requirements and guidance should be intended to facilitate the development nonpoint source regulation. better clarified. Suggestions included of a seamless regulatory program for the In promoting the watershed approach clarifying text,symbols,and a change mitigation and control of contaminated to program administration,EPA believes from use of the word"should"to"EPA storm water discharges in an urbanized NPDES general permits can cover a recommends"or"EPA suggests".EPA area.For example,today's rule allows a category of dischargers within a defined believes that it is important to include newly regulated MS4 to join as a geographic area.Areas can be defined the guidance in the rule and agrees that "limited"co-permittee with a regulated very broadly to include political the distinction between requirements MS4 by referencing a common storm boundaries(e.g.,county),watershed and EPA recommendations must be very Water management program.Such boundaries,or State or Tribal land. clear. In today's final rule,EPA has put cooperation should be further NPDES permits generally require an the guidance in paragraphs entitled encouraged by the fact that the application or a notice of intent(NOI)to "Guidance"and replaced the word minimum control measures required in trigger coverage.This information "should"with"EPA recommends." today's rule for regulated small MS4s exchange assures communication This is intended to clarify that the are very similar to a number of the between the permitting authority and recommendations contained in the permit requirements for medium and the regulated community.This guidance paragraphs are not legally large MS4s under the Phase I storm communication is critical in ensuring binding. water program.The minimum control that the regulated community is aware measures applicable to discharges from of the requirements and the permitting C.Program Framework:NPDES smaller MS4s are described with authority is aware of the potential for Approach slightly more generality than under the adverse impacts to water quality from Today's rule regulates Phase II Phase I permit application regulations identifiable locations.The NPDES sources using the NPDES permit for larger MS4s,thus enabling permitting process includes the public program.EPA interprets Clean Water maximum flexibility for operators of as a valuable stakeholder and ensures 68740 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations that the public is included and additional paperwork,staff time and developed storm water controls tailored information is made publicly available. accounting required to administer the to local watershed concerns.Finally,a Another concern for EPA and several proposed permit requirements. number of commenters expressed the stakeholders was that the program EPA is sensitive to the interest of view that States implement a variety of ensure citizen participation.The NPDES some stakeholders in having a programs not based on the CWA that are approach ensures opportunities for streamlined program that minimizes the effective in controlling storm water,and citizen participation throughout the burden associated with permit that EPA should provide incentives for permit issuance process,as well as in administration and maximizes their implementation and improvement enforcement actions.NPDES permits are opportunities for field time spent by in performance. also federally enforceable under the regulatory authorities.Key provisions in Throughout the development of the CWA. today's rule address some of these rule,State representatives sought EPA believes that the use of NPDES concerns by promoting a streamlined alternatives to the NPDES approach for permits makes a significant difference in approach to permit issuance by,for State implementation of the storm water the degree of compliance with example,using general permits and program for Phase II sources. regulations in the storm water program. allowing the incorporation of existing Discussions focused on an approach The NPDES program provides for public programs. By adopting the NPDES whereby States could develop an participation in the development, approach rather than a self- alternative program that EPA would enforcement and revision of storm water implementing rule,today's rule also approve or disapprove based on management programs.Citizen suit allows for consistent regulation between identified criteria,including that the enforcement has assisted in focusing larger MS4s and construction sites alternative non-NPDES program would attention on adverse water quality regulated under the existing storm water result in"equivalent or better protection impacts on a localized,public priority management rule and smaller sources of water quality."The State basis.Citizens frequently rely on the regulated under today's rule. representatives,however,were unable NPDES permitting process and the EPA believes that it is most to propose or recommend criteria for availability of NOIs to track program appropriate to use NPDES permits to gauging whether a program would implementation and help them enforce implement a program to address the provide equivalent protection.EPA also regulatory requirements. sources regulated by today's rule.In did not receive any suggestions for NPDES permits are also advantageous addition to the reasons discussed above, objective,workable criteria in response to the permittee.The NPDES permit NPDES permits provide a better to the Agency's explicit request for informs the permittee about the scope of mechanism than would a self- specific criteria(by which EPA could what it is expected do to be in implementing rule for tailoring storm objectively judge such programs)in the compliance with the Clean Water Act. water controls on a case-by-case basis, preamble to the proposed rule. As explained more fully in EPA's April where necessary.One commenter EPA evaluated several existing State 1995 guidance,Policy Statement on reasoned this concern could be initiatives to address storm water and Scope of Discharge Authorization and addressed by including provisions in found many cases where standards Shield Associated with NPDES Permits, the regulation that allow site-specific under State programs may be compliance with an NPDES permit BMPs(i.e.,case-by-case permits), coordinated with the Federal storm constitutes compliance with the Clean suggesting storm water discharges that water program.Where the NPDES Water Act(see CWA section 402(k)).In might require site-specific BMWs can be permit is developed in coordination addition,NPDES permittees are identified during the designation with State standards,there are excluded from duplicative regulatory process of the regulatory authority.EPA opportunities to avoid duplication and regimes under the Resource believes that,in addition to its overlapping requirements. Under Conservation and Recovery Act and the complexity,the commenter's approach today's rule,an NPDES permitting Comprehensive Emergency Response, lacks the other advantages of the NPDES authority may include conditions in the Compensation and Liability Act under permitting process. NPDES permit that direct an MS4 to RCRA's exclusions to the definition of A self-implementing rule would not follow the requirements imposed under "solid waste"and CERCLA's exemption ensure the degree of public participation State standards,rather than the for"federally permitted releases." that the NPDES permit process provides requirements of§122.34(b).This is EPA considered suggestions that the for the development,enforcement and allowed as long as the State program at Agency authorize today's rule to be revision of the storm water management a minimum imposes the relevant implemented as a self-implementing program.A self-implementing rule also requirements of§122.34(b).Additional rule.This would be a regulation might not have provided the regulated opportunities follow from other promulgated at the Federal,State,or community the"permit shield"under provisions in today's rule. Tribal level to control some or all of the CWA section 402(k)that is provided by Seeking to further explore the storm water dischargers regulated under an NPDES permit.Based on all these feasibility of a non-NPDES approach, today's rule.Under this approach,a rule considerations,EPA declined to adopt a the Agency,after the proposal,had would spell out the specific self-implementing rule approach and extensive discussions with requirements for dischargers and adopted the NPDES approach. representatives of a number of States. impose the restrictions and conditions Some State representatives sought Discussions related specifically to that would otherwise be contained in an alternative approaches for State possible alternatives for regulations of NPDES permit.It would be effective implementation of the storm water urban storm water discharges and MS4s until modified by EPA,a State,or a program for Phase II sources.These specifically.The Agency also sought Tribe,unlike an NPDES permit which State representatives asserted that a input on these issues from other cannot exceed a duration of five years. non-NPDES alternative approach best stakeholders. Some stakeholders believed that this facilitated watershed management and As a result of these discussions,many approach would reduce the burden on avoided duplication and overlapping of the commenters provided input on the regulated community(e.g.,by not regulations.These representatives issues such as:whether or not the requiring permit applications),and believed the NPDES approach would Agency should require NPDES permits; considerably reduce the amount of undercut State programs that had whether location of MS4s in urbanized Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68741 areas should be the basis for designation "comprehensive program"to regulate timely development and or whether designation should be based designated sources.The language implementation of all components. on other determinations relating to provides EPA with broad discretion in Today's rule is a refinement of the first water quality;whether States should be the establishment of the step in developing the program.EPA is allowed to satisfy the conditions of the "comprehensive program."Absence of fully committed to continuing to work rule through the use of existing State the word"permit"(a term that the with involved stakeholders on programs;and issues concerning timing statute does not otherwise define)does developing the tool box and issuing and resources for program not preclude use of a permit,which is permits.As noted in today's rule,EPA implementation. a familiar and reasonably well will assess the municipal storm water In response,today's rule still follows understood regulatory implementation program based on(1)evaluations of data the regulatory scheme of the proposed vehicle.First,section 402(p)(6)says that from the NPDES municipal storm water rule,but incorporates additional EPA must establish a comprehensive program,(2)research concerning water flexibility to address some of the program that"shall,at a minimum, quality impacts on receiving waters concerns raised by commenters. establish priorities,establish from storm water,and(3)research on In order to facilitate implementation requirements for State stormwater BMP effectiveness. (Section II.H, by States that utilize a watershed management programs,and establish Municipal Role,provides a more permitting approach or similar approach expeditious deadlines."The"at a detailed discussion of this provision.) (i.e.,based on a State's unified minimum"language suggests that the EPA is planning to standardize watershed assessments),today's rule Agency may,and perhaps should, minimum requirements for construction allows States to phase in coverage for develop a comprehensive program that and post-construction BMPs in a new MS4s in jurisdictions with a population does more than merely attend to these rulemaking under Title III of the CWA. less than 10,000.Under such an minimum criteria. Use of the term"at a While larger construction sites are approach,States could focus their minimum"preserves for the Agency already subject to NPDES permits(and resources on a rolling basis to assist broad discretion to establish a smaller sites will be subject to permits smaller MS4s in developing storm water comprehensive program that includes pursuant to today's rule),the permits programs. use of NPDES permits. generally do not contain specific In addition,in response to concerns Further,in the final sentence of the requirements for BMP design or that the rule should not require permit section,Congress included additional performance.The permits require the coverage for MS4s that do not language to affirm the Agency's preparation of storm water pollution significantly contribute to water quality discretion.The final sentence clarifies prevention plans,but actual BMP impairments,today's rule provides that the Phase II program"may include selection and design is at the discretion options for two waivers for small MS4s. performance standards,guidelines, of permittees,in conformance with The rule allows permitting authorities to guidance,and management practices applicable State and local requirements. exempt from the requirement for a and treatment requirements,as Where there are existing State and local permit any MS4 serving a jurisdiction appropriate."Under existing CWA requirements specific to BMPs,they with a population less than 1,000, programs,performance standards, vary widely,and many jurisdictions do unless the State determines that the (effluent limitations)guidelines, not have such requirements. MS4 must implement storm water management practices,and treatment In developing these regulations,EPA controls because it is significantly requirements are typically implemented intends to evaluate the inclusion of contributing to a water quality through NPDES or dredge and fill design and maintenance criteria as impairment.A second waiver option permits. minimum requirements for a variety of applies to MS4s serving a jurisdiction Although EPA believes that it had the BMPs used for erosion and sediment with a population less than 10,000.For discretion to not require permits,the control at construction sites,as well as those MS4s,the State must determine Agency has determined that it is for permanent BMPs used to manage that discharges from the MS4 do not reasonable to interpret section 402(p)(6) post-construction storm water significantly contribute to a water to authorize permits.Moreover,for the discharges.The Agency plans to quality impairment,or have the reasons discussed above,the Agency consider the merits and performance of potential for such an impairment,in believes that it is appropriate to use all appropriate management practices order to provide the exemption.The NPDES permits in implementing today's (both structural and non-structural)that State must review this waiver on a rule. can be used to reduce adverse water periodic basis no less frequently than quality impacts.EPA does not intend to once every five years. D.Federal Role require the use of particular BMPs at Throughout the development of Today's final rule describes EPA's specific sites,but plans to assist today's rule,commenters questioned approach to expand the existing storm builders and developers in BMP whether the Clean Water Act authorized water program under CWA section selection by publishing data on the the use of the NPDES permit program, 402(p)(6).As in all other Federal performance to be expected by various pointing out that the text of CWA programs,the Federal government plays BMP types.EPA would like to build 402(p)(6)does not use the word an integral role in complying with, upon the successes of some of the "permit."Based on the absence of the developing, implementing,overseeing, effective State and local storm water word"permit"and the express mention and enforcing the program.This section programs currently in place around the of State storm water management describes EPA's role in the revised country,and to establish nation-wide programs,the commenters asserted that storm water program. criteria to support builders and local Congress did not intend for Phase II 1.Develop Overall Framework of the jurisdictions in appropriate BMP sources to be regulated using NPDES program selection. permits. EPA disagrees with the commenters' The storm water discharge control 2•Encourage Consideration of Smart interpretation of section 402(p)(6). program under CWA section 402(p)(6) Growth Approaches Section 402(p)(6)does not preclude use consists of the rule,tool box,and In the proposal,EPA invited comment of permits as part of the permits.EPA's primary role is to ensure on possible approaches for providing 68742 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations incentives for local decision making that the Water Quality Cooperative Tribes to modify their programs where would limit the adverse impacts of Agreements under CWA section programmatic or implementation growth and development on water 104(b)(3),Water Pollution Control concerns impede program effectiveness. quality.EPA asked for comments on this Program grants to States under CWA This role will be vitally important when "smart growth"approach. section 106,and the Transportation States and Tribes make adjustments to EPA received comments on all sides Equity Act for the 21st Century(TEA— develop,implement,and enforce of this issue.A number of commenters 21)among others.In addition,Section today's extension of the existing NPDES supported the idea of"smart growth" 319 funds may be used to fund any storm water discharge control program. incentives but did not present concrete urban storm water activities that are not In addition,States maintain a ideas.Several commenters suggested specifically required by a draft or final continuing planning process(CPP) "smart growth"criteria.States that have NPDES permit.EPA will develop a list under CWA section 303(e),which EPA adopted"smart growth"laws were of potential funding sources as part of periodically reviews to assess the worried that EPA's focus on urbanized the tool box implementation effort.EPA program's achievements. areas for municipal requirements could anticipates that some of these programs In its oversight role,EPA takes action encourage development outside of will provide funds to help develop and, to address States and Tribes who have designated growth areas.Today's final in limited circumstances,implement the obtained NPDES authorization but are rule clearly allows States to expand CWA section 402(p)(6)storm water not fulfilling their obligations under the coverage of their municipal storm water discharge control program. NPDES program.If an NPDES- program outside of urbanized areas.In EPA received numerous comments authorized State or Tribe fails to addition,the flexibility of the six that requested additional funding. implement an adequate NPDES storm municipal minimum measures should Congress provided one substantial new water program,for example,EPA avoid encouragement of development source of potential funding for typically enters into extensive into rural rather than urban areas.For transportation related storm water discussions to resolve outstanding example,as part of the post- projects—TEA-21.The Department of issues.EPA has the authority to construction minimum measure,EPA Transportation has included a number withdraw the entire NPDES program recommends that municipalities of water-related provisions in its TEA— when resolution cannot be reached. consider policies and ordinances that 21 planning.These include Partial program withdrawal is not encourage infill development in higher Transportation Enhancements, provided for under the CWA except for density urban areas,and areas with Environmental Restoration and partial approvals. existing infrastructure,in order to meet Pollution Abatement,and EPA is also working with the States the measure's intent. Environmental Streamlining.More and Tribes to improve nonpoint source EPA also received several comments information on TEA-21 is available at management programs and assessments expressing concern that incorporating the following internet sites: to incorporate key program elements. "smart growth"incentives threatened w-ww.fhwa.dot.gov/tea21/outreach.htm Key nonpoint source program elements the autonomy of local governments.One and www.tea2l.org. include setting short and long term commenter was worried that 4 Implement the Program in goals and objectives;establishing public . "incentives"could become more and private partnerships;using a onerous than the minimum measures. Jurisdictions Not Authorized To balanced approach incorporating EPA is very aware of municipal Administer the NPDES Program Statewide and watershed-wide concerns about possible federal Because today's final rule uses the abatement of existing impairments; interference with local land use NPDES framework,EPA will be the preventing future impairments; planning.EPA is also cognizant of the NPDES permitting authority in several developing processes to address both difficulty surrounding incentives for States,Tribal jurisdictions,and impaired and threatened waters; "smart growth"activities due to these Territories.As such,EPA will have the reviewing and upgrading all program concerns.However,the Agency believes same responsibilities as any other components,including program it has addressed these concerns by NPDES permitting authority—issuing revisions on a 5-year cycle;addressing proposing a flexible approach and will permits,designating additional sources, federal land management and activities continue to support the concept of and taking appropriate enforcement inconsistent with State programs;and "smart growth"by encouraging policies actions—and will seek to tailor the managing State nonpoint source that limit the adverse impacts of growth storm water discharge control program management programs effectively. and development on water quality. to the specific needs in that State,Tribal In particular,EPA works with the 3.Provide Financial Assistance jurisdiction,or Territory.EPA also plans States and Tribes to strengthen their to provide support and oversight, nonpoint source pollution programs to Although Congress has not including outreach,training,and address all significant nonpoint sources, established a fund to fully finance technical assistance to the regulated including agricultural sources,through implementation of the proposed communities.Section II.G.of today's the CWA section 319 program.EPA is extension of the existing NPDES storm preamble provides a separate discussion working with other government water program under CWA section related to the NPDES permitting agencies,as well as with community 402(p)(6),numerous federal financing authority's responsibilities for today's groups,to effect voluntary changes programs(administered by EPA and final rule. regarding watershed protection and other federal agencies)can provide reduced nonpoint source pollution, some financial assistance.The primary 5.Oversee State and Tribal Programs In addition,EPA and NOAA have funding mechanism is the Clean Water Under the NPDES program,EPA plays published programmatic and technical State Revolving Fund(SRF)program, an oversight role for NPDES-approved guidance to address coastal nonpoint which provides sources of low-cost States and Tribes.In this role,EPA and source pollution. Under Section 6217 of financing for a range of water quality the State or Tribe work together to the CZARA,States are developing and infrastructure projects,including storm implement,enforce,and improve the implementing coastal nonpoint water.In addition to the SRF,federal NPDES program.Part of this oversight pollution control programs approved by financial assistance programs include role includes working with States and EPA and NOAA. Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68743 6.Comply With Applicable Where States do not have NPDES municipal and private sector facilities Requirements as a Discharger authority,they are not required to and implement or test state-of-the-art Today's final rule covers federally implement the storm water discharge management practices and control operated facilities in a variety of ways. control program,but they may still measures. These facilities are generally areas participate in water quality protection 3.Communicate With EPA where people reside,such as a federal through participation in the CWA prison,hospital,or military base.It also section 401 certification process (for any Under approved NPDES programs, includes federal parkways and road permits)and through development of States have an ongoing obligation to systems with separate storm sewer water quality standards and TMDLs. share information with EPA.This systems. Today's rule requires federal 1.Develop the Program dialogue is particularly important in the MS4s to comply with the same In expanding the existing NPDES CWA section 402(p)(6)storm water application deadlines that apply to p g g program where these governments Pp pp y program for storm water discharges, continue to develop a great deal of the regulated small MS4s generally.EPA States must evaluate whether revisions c onontitiguidance and outreach related water believes that all federal MS4s serve to their NPDES programs are necessary. populations of less than 100,000. If so,modifications must be made in quality. h EPA received several comments that accordance with§123.62.Under F. Tribal Role asked if individual buildings like post §123.62,States must revise their NPDES offices are considered to be small MS4s programs within 1 year,or within 2 The proposal to today's final rule and thereby regulated in today's rule if ears if statutorychanges are necessary. Provides background information on they are in an urbanized area.Most of y Some States and departments of EPA's 1984 Indian Policy and the these buildings have at most a parking transportation(DOTs)commented that criteria for treatment of an Indian Tribe lot with runoff or a storm sewer that this timeframe is too short,anticipating in the same manner as a State.Today's connects with a municipality's MS4. that the State legislative process and the final rule extends,the existing NPDES EPA does not intend that individual modification of regulations combined program for storm water discharges to federal buildings be considered to be would take beyond 2 years.The two types of dischargers located in small MS4s.This is discussed in section deadline language in§123.62 is not new Indian country.First,the final rule II.H.2.b.of today's preamble. language for the storm water discharge designates storm water discharges from Federal facilities can also be included control program;it applies to all NPDES any regulated small MS4,including under requirements addressing storm programs.EPA believes the vast Tribal systems.Second,the final rule water discharges associated with small majority of States will meet the deadline regulates discharges associated with construction activities.In any case, and will work with States in those cases construction activity disturbing between discharges from these facilities will where there may be difficulty meeting one and five acres of land,including need to comply with all applicable this deadline due to the timing of sites located in Indian country. NPDES requirements and any additional legislative sessions and the regulatory Operators in each of these categories of water quality-related requirements development process. regulated activity must apply for imposed by a State,Tribal,or local An authorized State NPDES program coverage under an NPDES permit by 3 government.Failure to comply can must meet the requirements of CWA years and 90 days from the date of result in enforcement actions. Federal section 402(b)and conform to the publication of today's final rule.Under facilities can act as models for guidelines issued under CWA section existing regulations,however,EPA or an municipal and private sector facilities 304(i)(2).Today's final rule under authorized NPDES Tribe may require a and implement or test state-of-the-art §123.25 adds specific cross references specified storm water discharger to management practices and control to the storm water discharge control apply for NPDES permit coverage before measures. program components to ensure that this deadline based on a determination E.State Role States adequately address these that the discharge is contributing to a requirements. violation of a water quality standard Today's final rule sets forth an NPDES (including designated uses)or is a approach for implementing the 2•Comply With Applicable significant contributor of pollutants. extension of the existing storm water Requirements as a Discharger Under today's rule,a Tribal discharge control program under CWA Today's final rule covers State governmental entity may regulate storm section 402(p)(6).State assumption of operated separate storm sewer systems water discharges on its reservation in the NPDES program is voluntary, in a variety of ways.These systems two ways—as either an NPDES- consistent with the principles of generally drain areas where people authorized Tribe or as a regulated MS4. federalism.Because most States are reside,such as a prison,hospital,or If a Tribe is authorized to operate the approved to implement the NPDES other populated facility.These systems NPDES program,the Tribe must program,they will tailor their storm are included under the definition of a implement today's final rule for the water discharge control programs to regulated small MS4,which specifically NPDES program for storm water for address their water quality needs and identifies systems operated by State covered dischargers located within the objectives.While today's rule departments of transportation. EPA recognized boundaries.Otherwise, establishes the basic framework for the Alternatively,storm water discharges EPA is generally the permitting/program section 402(p)(6)program,States as well from State activities may be regulated authority within Indian country. as Tribes(see discussion in section II.F) under the section addressing storm Discussions about the State Role in the have an important role in fine-tuning water discharges associated with small preceding section also apply to NPDES the program to address the water quality construction activities.In any case, authorized Tribes.For additional issues within their jurisdictions.The discharges from these facilities must information on the role and basic framework allows for adjustments comply with all applicable NPDES responsibilities of the permitting based on factors that vary requirements.Failure to comply can authority in the NPDES storm water geographically,including climate result in enforcement actions. State program,see§123.35(and Section II.G. patterns and terrain. facilities can act as models for of today's preamble)and§123.25(a). 68744 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations Under today's final rule,if the Indian NPDES program. Section 123.35 focuses EPA believes that permitting reservation is located entirely or on specific issues related to the role of authorities should consider the partially within an"urbanized area,"as the NPDES authority to support potential water quality impacts of storm defined in§122.32(a)(1),the Tribe must administration and implementation of water from all jurisdictions with a obtain an NPDES permit if it operates a the municipal storm water program population of 10,000 or greater and a small MS4 within the urbanized area under CWA section 402(p)(6). density of 1,000 people per square mile. portion.Tribal MS4s located outside an Di EPA is using data summarized in the urbanized area are not automatically 2. esgnate Sources NURP study and in the CWA section covered,but may be designated by EPA Section 123.35(b)of today's final rule 305(b)reports to support this approach pursuant to§122.32(a)(2)of today's rule addresses the requirements for the for targeted designation outside of or may request designation as a NPDES permitting authority to urbanized areas.EPA is not mandating regulated small MS4 from EPA.A Tribe designate sources of storm water which criteria are to be used,but has that is a regulated MS4 for NPDES discharges to be regulated under provided examples of criteria that may program purposes is required to §§122.32 through 122.36.NPDES be useful in evaluating potential water implement the six minimum control permitting authorities must develop a quality impacts.EPA believes that the measures to the extent allowable under process,as well as criteria,to designate flexibility provided in this section of Federal law. small MS4s.They must also have the today's final rule allows the permitting The Tribal representative on the authority to designate a small MS4 if authority to develop criteria and a Storm Water Phase II FACA and when circumstances that support a designation process that is easy to use Subcommittee asked EPA to provide a waiver under§122.32(c)change.EPA and protects water quality.Therefore, list of the Tribes located in urbanized may make designations if an NPDES- the provisions of§123.35(b)remain as areas that would fall within the NPDES approved State or Tribe fails to do so. proposed. storm water program under today's final NPDES permittingauthorities must rule. In December 1996,EPA developed a.Develop Designation Criteria raphic jurisdictions that a list of federally recognized American examine geog Under§123.35(b),the NPDES Indian Areas located wholly or partially they believe should be included in the s harge control program Permitting authority must establish storm water di in Bureau of the Census-designated but are not located in an"urbanized designation criteria to evaluate whether urbanized areas(see Appendix 1). a storm water discharge results in or has Appendix 1 not only provides a listing area"nate. Small MS4s d automatically. these areas are not the potential to result in exceedances of of reservations and individual Tribes, designated Discharges water quality standards,including from such areas should be brought into but also the name of the particular impairment of designated uses,or other urbanized area in which the reservation the program found to have actual t significant water quality impacts, is located and an indication of whether Potential exceedances of water quality including adverse habitat and biological the urbanized area contains a medium standards,including impairment of impacts. designated uses,or other adverse EPA recommends that NPDES or large MS4 that is already covered by impacts on water quality,as determined permitting authorities consider,in a the existing Phase I regulations. P g Some of the Tribes listed in Appendix T local conditions or watershed and balanced manner,certain locally- 1 are only partially located in an TMDL assessments.EPA's aim is a focused criteria for designating any MS4 urbanized area. If the Tribe's MS4 serves address discharges to impaired watters located outside of an urbanized area on less than 1,000 people within an and to protect waters with the potential the basis of significant water quality urbanized area,the permitting authority for problems.EPA encourages NPDES impacts.EPA recommends may waive the Tribe's MS4 storm water Permitting authorities,local consideration of criteria such as requirements if it meets the conditions governments,and the interested public discharge to sensitive waters,high to work together in the context of a growth or growth potential,high of§122.32(c).EPA does not have g g P g information on the Tribal populations watershed plan to address water quality population density,contiguity to an within the urbanized areas,so l can not issues,including those associated with urbanized area,significant contribution municipal storm water runoff. of pollutants to waters of the United ve comments s identify the Tribes that are eligible for EPA received ttatin that Sttes,and ineffective control of water a waiver.Therefore,a Tribe that g the process of developing criteria and quality concerns by other programs. believes it qualifies for a waiver should contact its permitting authority. applying it to all MS4s outside an These suggested designation criteria are urbanized area serving a population of intended to help encourage the G.NPDES Permitting Authority's Role 10,000 or greater and with a density of permitting authority to use an objective for the NPDES Storm Water Small MS4 1,000 people per square mile is too method for identifying and designating, Program time-consuming and resource-intensive. on a local basis,sources that adversely As noted previously,the NPDES These commenters believe that the impact water quality.More information permitting authority can be EPA or an permitting authority should decide about these criteria and the reasons why authorized State or an authorized Tribe. Which MS4s must be brought into the they are suggested by EPA is included The following discussion describes the storm water discharge control program in the January 9, 1998,proposal(63 FR role of the NPDES permitting authority and that population and density should 1561)for today's final rule. under today's final rule. not be an overriding criteria. One The suggested criteria are meant to be suggested way of doing so was to only taken in the aggregate,with a great deal 1.Comply With Implementation designate MS4s with demonstrated of flexibility as to how each should be Requirements contributions to the impairment of weighed in order to best account for NPDES permitting authorities must water quality uses as shown by a TMDL. watershed and other local conditions perform certain duties to implement the EPA disagrees with this suggestion.The and to allow for a more tailored case-by- NPDES storm water municipal program. TMDL process is time-consuming.MS4s case analysis.The application of criteria Section 123.35(a)of today's final rule outside of urbanized areas may cause is meant to be geographically specific. emphasizes that permitting authorities water quality problems long before a Furthermore,each criterion does not have existing obligations under the TMDL is completed. have to be met in order for a small MS4 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68745 to qualify for designation,nor should an deadline is intended to provide factor for consideration in the MS4 necessarily be designated on the incentives for watershed-based designation of additional sources. basis of one or two criteria alone. designations.If an NPDES-authorized Today's final rule does not include EPA believes that the application of State or Tribe does not develop and interim deadlines for identifying the recommended designation criteria apply designation criteria within this physically interconnected MS4s. provides an objective indicator of real timeframe,then EPA has the However,consistent with the deadlines and potential water quality impacts opportunity to do so in lieu of the identified in§123.35(b)(3)of today's from urban runoff on both the local and authorized State or Tribe. final rule,EPA encourages the watershed levels.EPA encourages the NPDES permitting authorities can permitting authority to make these application of the recommended criteria designate any small MS4,including one determinations within 3 years from the in a watershed context,thereby allowing below 10,000 in population and 1,000 in date of publication of the final rule or for the evaluation of the water quality density.EPA established the 10,000/ within 5 years if the permitting impacts of the portions of a watershed 1,000 threshold based on the likelihood authority is implementing a outside of an urbanized area.For of adverse water quality impacts at these comprehensive watershed plan. example,situations exist where the population and density levels.In Alternatively,the affected jurisdiction urbanized area represents a small addition,the 1,000 persons per square could use the petition process under 40 portion of a degraded watershed,and mile threshold is consistent with both CFR 122.26(f) in seeking to have the the adjacent nonurbanized areas of the the Bureau of the Census definition of permitting authority designate the watershed have significant cumulative an"urbanized area" (see Section II.H.2. contributing jurisdiction. effects on the quality of the receiving below)and stakeholder discussions Several commenters expressed waters. concerns about who could be designated EPA received numerous suggestions concerning the definition of a regulated small MS4 under this provision(§123.35(b)(4)). of additional criteria that should be . One commenter requested that the word added and reasons why some of the One commenter requested that EPA "substantially"be deleted from the rule f dli d i i interim deadlines or criteria in the proposal to today's final developbecause they believe any MS4 that rule were not appropriate.EPA development of designation criteria. contributes at all to a physically developed its suggested designation EPA believes that the designation interconnected municipal separate criteria based on findings of the NURP deadline identified in today's final rule storm sewer should be regulated.EPA study and other studies that indicate at§123.35(b)(3)provides States and believes that the word"substantially" pollutants of concern,including total Tribes with a flexibility that allows provides necessary flexibility to the suspended solids,chemical oxygen them to develop and apply the criteria permitting authorities.The permitting demand,and temperature.These criteria locally in a timely fashion,while at the authority can decide if an MS4 is were the subject of considerable same time establishing an expeditious contributing discharges to another discussion by the Storm Water Phase II deadline. municipal separate storm sewer in a FACA Subcommittee.EPA developed c.Designate Physically Interconnected manner that requires regulation.If the them in response to recommendations Small MS4s operator of a regulated municipal from the subcommittee during separate storm sewer believes that some development of the proposed rule.The In addition to applying criteria on a of its pollutant loadings are coming listed criteria are only suggestions. local basis for potential designation,the from an unregulated MS4,it can Permitting authorities are required to NPDES permitting authority must petition the permitting authority to develop their own criteria.EPA has not designate any MS4 that contributes designate the unregulated MS4 for found any reason to change its substantially to the pollutant loadings of regulation. suggested list of criteria and the a physically interconnected municipal suggestions remain as proposed. separate storm sewer that is regulated by d.Respond to Public Petitions for the NPDES program for storm water Designation b.Apply Designation Criteria discharges(see§123.35(b)(4)).To be Today's final rule reiterates the After customizing the designation "physically interconnected,"the MS4 of existing opportunity for the public to criteria for local conditions,the one entity,including roads with petition the permitting authority for permitting authority must apply such drainage systems and municipal streets, designation of a point source to be criteria,at a minimum,to any MS4 is physically connected directly to the regulated to protect water quality.The located outside of an urbanized area municipal separate storm sewer of petition opportunity also appears in serving a jurisdiction with a population another entity.This provision applies to existing NPDES regulations at 40 CFR of at least 10,000 and a population all MS4s located outside of an 122.26(f).Any person may petition the density of 1,000 people per square mile urbanized area.EPA added this section permitting authority to require an or greater(see§123.35(b)(2)). If the in recognition of the concerns of local NPDES permit for a discharge composed NPDES permitting authority determines government stakeholders that a local entirely of storm water that contributes that an MS4 meets the criteria,the government should not have to shoulder to a violation of a water quality standard permitting authority must designate it as total responsibility for a storm water or is a significant contributor of a regulated small MS4.This designation program when storm water discharges pollutants to the waters of the United must occur within 3 years of publication from another MS4 are also contributing States(see§123.32(b)).The NPDES of today's final rule.Alternatively,the pollutants or adversely affecting water permitting authority must make a final NPDES authority can designate within 5 quality.This provision also helps to determination on any petition within years from the date of final regulation if provide some consistency among MS4 180 days after receiving the petition(see the designation criteria are applied on a programs and to facilitate watershed §123.35(c)).EPA believes that a 180 day watershed basis where a comprehensive planning in the implementation of the limit balances the public's need for a watershed plan exists(a comprehensive NPDES storm water program.EPA timely final determination with the watershed plan is one that includes the recommended physical NPDES permitting authority's need to equivalents of TMDLs) (see interconnectedness in the existing prioritize its workload.If an NPDES- §123.35(b)(3)).The extended 5 year NPDES storm water regulations as a approved State or Tribe fails to act 68746 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations within the 180-day timeframe,EPA may metals,pathogens,toxins,oxygen- small MS4's discharge contributes make a determination on the petition. demanding substances,and floatables." pollutants to a neighboring regulated EPA believes that public involvement is Commenters asked whether TMDLs or system.In States where EPA is the an important component of the NPDES equivalent analyses have to address all permitting authority,EPA will use a program for storm water and feels that of these. State's TMDLs to determine whether this provision encourages public EPA has revised the proposed waiver storm water controls are required for the participation. Section II.K,Public in response to these concerns.Under small MS4s. Involvement/Public Role,further today's rule,NPDES permitting The proposed rule would have discusses this topic. authorities may waive the requirements required the operator of the small MS4 3.Provide Waivers of today's rule for any small MS4 with serving a population under 1,000 to a population less than 1,000 that does certify that its discharge was covered Today's rule provides two not contribute substantially to the under a TMDL that indicated that opportunities for the NPDES permitting pollutant loadings of a physically discharges from its particular system authority to exempt certain small MS4s interconnected MS4,unless the small were not having an adverse impact on from the need for a permit based on MS4 discharges pollutants that have water quality(i.e.,it was either not water quality considerations.See been identified as a cause of impairment assigned wasteload allocations under §§122.32(d)and(e).The two waiver of the waters to which the small MS4 TMDLs or its discharge is within an opportunities have different size discharges.If the small MS4 does assigned allocation).Many commenters thresholds and take different discharge pollutants that have been expressed concerns that MS4 operators approaches to considering the water identified as impairing the water body serving less than 1,000 persons may lack quality impacts of discharges from the into which the small MS4 discharges, the technical capacity to certify that MS4. the NPDES permitting authority may their discharges are not contributing to In the proposal,EPA requested grant a waiver only if it determines that adverse water quality impacts.These comment on the option of waiving storm water controls are not needed commenters thought that the permitting coverage for all MS4s with less than based on an EPA approved or authority should make such a 1,000 people unless the permitting established TMDL that addresses the certification.Today's rule provides authority determined that the small pollutant(s)of concern. flexibility as to how the waiver is MS4 should be regulated based on Unlike the proposed rule,§122.32(d) administered.Permitting authorities are significant adverse water quality does not allow the waiver for MS4s ultimately responsible for granting the impacts.A number of commenters serving a population under 1,000 to be waiver,but are free to determine supported this option.They expressed based on"the equivalent of a TMDL." whether or not to require small MS4 concern that compliance with the rule Because§122.32(d)requires a pollutant operators that are seeking waivers to requirements and certification of one of specific analysis only for a pollutant submit information or a written the waiver provisions were both costly that has been identified as a cause of certification. for very small communities.They stated impairment,a TMDL is required for Under§122.32(e)a State may grant a that the permitting authority should such pollutant before the waiver may be waiver to an MS4 serving a population identify a water quality problem before granted.Once a pollutant has been between 1,000 and 10,000 only if the requiring compliance.Today's rule identified as the cause of impairment of State has made a comprehensive effort essentially adopts this alternative a water body,the State should develop to ensure that the MS4 will not cause or approach for MS4s serving a population a TMDL for that pollutant for that water contribute to water quality impairment. under 1,000. body.Thus,§122.32(d)takes a different To grant a§122.32(e)waiver,the The final rule has expanded the approach than that taken for the waiver NPDES permitting authority must waiver provision that EPA proposed for in§122.32(e)for MS4s serving a evaluate all waters of the U.S.that small MS4s with a population less than population under 10,000,which can be receive a discharge from the MS4 and 1,000.The proposed rule would have based upon an analysis that is"the determine that storm water controls are required a small MS4 operator to certify equivalent of a TMDL."This is because not needed.The permitting authority's that storm water controls are not needed §122.32(d)requires an analysis to evaluation must be based on wasteload based on either wasteload allocations support the waiver for MS4s under allocations that are part of an EPA that are part of TMDLs that address the 1,000 only if a waterbody to which the approved or established TMDL or,if a pollutants of concern,or a MS4 discharges has been identified as TMDL has not been developed or comprehensive watershed plan impaired.The§122.32(e)waiver,on the approved,an equivalent analysis that implemented for the waterbody that other hand,would be available for larger determines sources and allocations for includes the equivalents of TMDLs and MS4s but only after the State the pollutant(s)of concern.The addresses the pollutant(s)of concern. affirmatively establishes lack of pollutants of concern that the permitting Commenters noted that the proposed impairment based upon a authority must evaluate include waivers would be unattainable if a comprehensive analysis of smaller biochemical oxygen demand(BOD), TMDL or equivalent analysis was urban waters that might not otherwise sediment or a parameter that addresses required for every pollutant that could be evaluated for the purposes of CWA sediment(such as total suspended possibly be present in any amount in section 303.Since§122.32(e)requires solids,turbidity or siltation),pathogens, discharges from an MS4 regardless of the analysis of waters that have not been oil and grease,and any other pollutant whether the pollutant is causing water identified as impaired,an actual TMDL that has been identified as a cause of quality impairment.Commenters asked is not required and an analysis that is impairment of any water body that will that EPA identify what constitutes the the equivalent of a TMDL can suffice to receive a discharge from the MS4. "pollutant(s) of concern"for which a support the waiver. Finally,the permitting authority must TMDL or its equivalent must be Where a State is the NPDES have determined that future discharges developed.For example,§122.30(c) permitting authority,the permitting from the MS4 do not have the potential indicates that the MS4 program is authority is responsible for the to result in exceedances of water quality intended to control"sediment, development of the TMDLs as well as standards,including impairment of suspended solids,nutrients,heavy the assessment of the extent to which a designated uses,or other significant Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68747 water quality impacts,including habitat Other commenters said that waivers requirements of the qualifying local, and biological impacts. should not be allowed for small MS4s Tribal,or State program. Although EPA did not propose this that discharge into another regulated Under§122.35(b),NPDES permitting specific approach,the Agency did MS4.These commenters stated that the authorities may also recognize existing request comment on whether to increase word"substantially"should be responsibilities among governmental the proposed 1,000 population removed from§122.32(d)(i)so that a entities for the minimum control threshold for a waiver.The§122.32(e) waiver would not be allowed for any measures in an NPDES small MS4 storm waiver was developed in response to system"contributing to the storm water water permit.For example,the permit comments,including States'concerns pollutant loadings of a physically might acknowledge the existence of a that they needed greater flexibility to interconnected regulated MS4."As State administered program that focus their efforts on MS4s that were previously mentioned under the addresses construction site runoff and causing water quality impairment. designation discussion of section require that the municipalities only Several commenters thought that the II.G.2.c,EPA believes that the word develop substantive controls for the threshold should be increased from "substantially"provides needed remaining minimum control measures. 1,000 to 5,000 or 10,000. Others flexibility to the permitting authorities. By acknowledging existing programs, suggested additional ways of qualifying It is important to note that this is only this provision is meant to reduce the for a waiver for MS4s that discharge to one aspect that the permitting authority duplication of efforts and to increase the waters that are not covered by a TMDL must consider when deciding on the flexibility of the NPDES storm water or watershed plan.EPA carefully appropriateness of a waiver. program, considered all the options for ex andin requires permitting Section 123.35(e)of today's final rule the waiver provisions and has decided P P g 4.Issue Permits ittin authorities to to expand the waiver only in the very NPDES permitting authorities have a specify a time period of up to 5 years narrow circumstances described above number of responsibilities regarding the from the issuance date of an NPDES where a comprehensive analysis has permit process. Sections 123.35(d) permit for regulated small MS4 been undertaken to demonstrate that the through(g)ensure a certain level of operators to fully develop and MS4 is not causing water quality consistency for permits,yet provide implement their storm water programs. impairment. numerous opportunities for flexibility. As discussed more fully below, The NPDES permitting authority can, NPDES permitting authorities must permitting authorities should be at any time,mandate compliance with issue NPDES permits to cover municipal Providing extensive support to the local program requirements from a previously sources to be regulated under§122.32, governments to assist them in waived small MS4 if circumstances unless waived under§122.32(c).EPA developing and implementing their change.For example,a waiver can be encourages permitting authorities to use Programs. general permits as the vehicle for In the proposed rule,EPA stated that withdrawn in circumstances where the g P the permitting authority would develop permitting authority later determines permitting and regulating small MS4s. the menu of authority MPs and if they failed to that a waived small MS4's storm water The Agency notes,however,that some do so,EPA would develop the menu. to discharge to a small stream will cause operators may wish to take advantage of Commenters felt that EPA should adverse impacts to water quality or the option to join as a co-permittee with develop a menu of at EPA rather than significantly interfere with attainment of an MS4 regulated under the existing just providing guidance.In the water quality standards.A"change in NPDES storm water program. settlement agreement for seeking an circumstances"could involve receipt of Today's final rule includes a suing si extenon to the deadline for is new information.Changed provision, §123.35(f),that requires extension rule,EPA committed is circumstances can also allow a NPDES permitting authorities to either todayto developing a menu of BMPs by October regulated small MS4 operator to request include the requirements in§122.34 for 27,2000.Permitting authorities can a waiver at any time. NPDES permits issued for regulated adopt EPA's menu or develop their own. Some commenters expressed concerns small MS4s or to develop permit limits The menu itself is not intended to about allowing any small MS4 waivers. based on a permit application submitted replace more comprehensive BMP One commenter stated that storm water by a small MS4.See Section II.H.3.a, guidance materials.As part of the tool pollution prevention plans are Minimum Control Measures,for more box efforts,EPA will provide separate necessary to control storm water details on the actual§122.34 guidance documents that discuss the pollution and should be required from requirements.See Section II.H.3.c for results from EPA-sponsored nationwide all regulated small MS4s.For the alternative and joint permitting options. studies on the design,operation and reasons stated in the Background In an attempt to avoid duplication of maintenance of BMPs.Additionally, section above,EPA agrees that the effort,§122.34(c)allows NPDES EPA expects that the new rulemaking on discharges from most MS4s in permitting authorities to include permit construction BMPs may provide more urbanized areas should be addressed by conditions that direct an MS4 to meet specific design,operation and a storm water management program the requirements of a qualifying local, maintenance criteria. outlined in today's rule.For MS4s Tribal,or State municipal storm water serving very small areas,however,the management program.For a local, 5.Support and Oversee the Local TMDL development process provides an Tribal,or State program to"qualify,"it Programs opportunity to determine whether an must impose,at a minimum,the NPDES permitting authorities are MS4 serving a population less than relevant requirements of§122.34(b).A responsible for supporting and 1,000 is having a negative impact on any regulated small MS4 must still follow overseeing the local municipal receiving water that is impaired by a the procedural requirements for an programs.Section 123.35(h)of today's pollutant that the MS4 discharges.MS4s NPDES permit(i.e.,submit an final rule highlights issues associated serving populations up to 10,000 may application,either an individual with these responsibilities. receive a waiver only if a application or an NOI under a general To the extent possible,NPDES comprehensive analysis of its impact on permit)but will instead follow the permitting authorities should provide receiving water has been performed. substantive pollutant control financial assistance to MS4s,which 68748 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations often have limited resources,for the H.Municipal Role required minimum control measures. development and implementation of 1.Scope of Today's Rule For example,the NPDES permitting local programs.EPA recognizes that authority can incorporate by reference funding for programs at the State and Today's final rule attempts to qualifying State,Tribal,or local Tribal levels may also be limited,but establish an equitable and programs in an NPDES general permit strongly encourages States and Tribes to comprehensive four-pronged approach and can recognize existing provide whatever assistance is possible. for the designation of municipal responsibilities among different In lieu of actual dollars,NPDES sources.First,the approach defines for governmental entities for the permitting authorities can provide cost- automatic coverage the municipal implementation of minimum control cutting assistance in a number of ways. systems believed to be of highest threat measures.In addition,a regulated small For example,NPDES permitting to water quality.Second,the approach MS4 can participate in the storm water authorities can develop outreach designates municipal systems that meet management program of an adjoining materials for MS4s to distribute or the a set of objective criteria used to regulated MS4 and can arrange to have NPDES permitting authority can measure the potential for water quality another governmental entity implement actually distribute the materials. impacts.Third,the approach designates a minimum control measure on their Another option is to implement an on a case-by-case basis municipal behalf. erosion and sediment control program systems that"contribute substantially to across an entire State(or Tribal land), the pollutant loadings of a physically- 2. Municipal Definitions thus alleviating the need for the MS4 to interconnected[regulated]MS4." a.Municipal Separate Storm Sewer implement its own program.The Finally,the approach designates on a Systems(MS4s) NPDES permitting authority must case-by-case basis,upon petition, balance the need for site-specific municipal systems that"contribute to a The CWA does not define the term "municipal separate storm sewer."EPA controls,which are best handled by a violation of a water quality standard or local MS4,with its ability to offer are a significant contributor of defined municipal separate storm sewer financial assistance.EPA,States,Tribes, pollutants." in the existing storm water permit and MS4s should work as a team in Today's final rule automatically application regulations to mean,in part, making these kinds of decisions. designates for regulation small MS4s a conveyance or system of conveyances NPDES permitting authorities are located in urbanized areas,and requires (including roads with drainage systems responsible for overseeing the local that NPDES permitting authorities and municipal streets)that is"owned or programs.Permitting authorities should examine for potential designation,at a operated by a State,city,town borough, work with the regulated community and minimum,a particular subset of small county,parish,district,association,or other stakeholders to assist in local MS4s located outside of urbanized other public body* * * designed or program development and areas.Today's rule also includes used for collecting or conveying storm implementation.This might include provisions that allow for waivers from water which is not a combined sewer sharing information,analyzing reports, the otherwise applicable requirements and which is not part of a Publicly and taking enforcement actions,as for the smallest MS4s that are not Owned Treatment Works as defined at necessary.NPDES permitting authorities causing impairment of a receiving water 40 CFR 122.2"(see§122.26(b)(8)(i)). play a vital role in supporting local body.Qualifications for the waivers Section 122.26 contains definitions of programs by providing technical and vary depending on whether the MS4 medium and large municipal separate programmatic assistance,conducting serves a population under 1,000 or a storm sewer systems but no definition of research projects,and monitoring population under 10,000.See a municipal separate storm sewer watersheds.The NPDES permitting §§122.32(d)and(e).These waivers are system,even though the term MS4 is authority can also assist the MS4 discussed further in section II.G.3.Any commonly used.In today's rule,EPA is permittee in obtaining adequate legal small MS4 automatically designated by adding a definition of municipal authority at the local level in order to the final rule or designated by the separate storm sewer system and small implement the local component of the permitting authority under today's final municipal separate storm sewer system CWA section 402(p)(6)program. rule is defined as a"regulated"small along with the abbreviations MS4 and NPDES permitting authorities are MS4 unless it receives a waiver. small MS4. encouraged to coordinate and utilize the In today's final rule,all regulated The existing municipal permit data collected under several programs. small MS4s must establish a storm application regulations define States and Tribes address point and water discharge control program that "medium"and"large"MS4s as those nonpoint source storm water discharges meets the requirements of six minimum located in an incorporated place or through a variety of programs.In control measures.These minimum county with a population of at least developing programs to carry out CWA control measures are public education 100,000(medium)or 250,000(large)as section 402(p)(6),EPA recommends that and outreach on storm water impacts, determined by the latest Decennial States and Tribes coordinate all of their public involvement participation,illicit Census(see§§122.26(b)(4)and water pollution evaluation and control discharge detection and elimination, 122.26(b)(7)).In today's final rule,these programs,including the continuing construction site storm water runoff regulations have been revised to define planning process under CWA section control,post-construction storm water all medium and large MS4s as those 303(e),the existing NPDES program,the management in new development and meeting the above population CZARA program,and nonpoint source redevelopment,and pollution thresholds according to the 1990 pollution control programs. prevention/good housekeeping for Decennial Census. In addition,NPDES permitting municipal operations. Today's rule also corrects the titles authorities are encouraged to provide a Today's rule allows for a great deal of and contents of Appendices F,G,H,&I brief(e.g.,two-page)reporting format to flexibility in how an operator of a to Part 122.EPA is adding those facilitate compilation and analysis of regulated small MS4 is authorized to incorporated places and counties whose data from reports submitted under discharge under an NPDES permit,by 1990 population caused them to be §122.34(g)(3).EPA intends to develop a providing various options for obtaining defined as a"medium"or"large"MS4. model form for this purpose. permit coverage and satisfying the All of these MS4s have applied for Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68749 permit coverage so the effect of this way as other similar MS4s.However, geographical area including highways change to the appendices is simply to EPA received several comments asking and flood control districts will be make them more accurate.They will not whether individual federal buildings covered."Many permitting authorities need to be revised again because today's such as post offices or urban offices of regulated State DOTS as co-permittees rule"freezes"the definition of the U.S.Park Service must apply for with the Phase 1 municipality in which "medium"and"large"MS4s at those coverage as regulated small MS4s. Most the highway is located.State DOTs that that qualify based on the 1990 census. of these buildings have,at most,a are already regulated under Phase I are EPA received several comments parking lot with runoff or a storm sewer not required to comply with Phase II. supporting and opposing the proposal to that connects with a municipality's State DOTS that are not already "freeze"the definitions based on the MS4.In§122.26(a)(16)(iii),EPA regulated have various options for 1990 census.Commenters who clarifies that the definition of small MS4 meeting the requirements of today's disagreed with EPA's position cited the does not include individual buildings. rule.These options are discussed in unfairness of municipalities that reach These buildings may have a municipal Section II.H.3.c.iv below. Several DOTS the medium or large threshold at a later separate storm sewer but they do not commented that some of the minimum date having fewer permitting have a"system"of conveyances.The measures are outside the scope of their requirements compared to those that minimum measures for small MS4s mission or that they do not have the were already at the population were written to apply to storm sewer legal authority required for thresholds when the existing storm "systems"providing storm water implementation.EPA believes that the water regulations took effect.EPA drainage service to human populations flexibility of the minimum measures recognizes this disparity but does not and not to individual buildings.This is allows them to be implemented by most believe it is unfair,as explained in the true of municipal separate storm sewers MS4s,including DOTs.When a DOT proposed rule.The decision was based from State buildings as well as from does not have the necessary legal on the fact that the deadlines from the federal buildings. authority,EPA encourages the DOT to existing regulations have lapsed,and There will likely be situations where coordinate their storm water because the permitting authority can the permitting authority must decide if management efforts with the always require more from operators of a federal or State complex should be surrounding municipalities and other MS4s serving"newly over 100,000" regulated as a small MS4.A federal State agencies.Under today's rule, populations. complex of two or three buildings could DOTS can use any of the options of b.Small Municipal Separate Storm be treated as a single building and not §122.35 to share their storm water Sewer Systems be required to apply for coverage. In management responsibilities.DOTS may these situations,permitting authorities also want to work with their permitting The proposal to today's final rule will have to use their best judgment as authority to develop a State-wide DOT added"the United States"as a potential to the nature of the complex and its storm water permit. owner or operator of a municipal storm water conveyance system. There are many storm water separate storm sewer.This addition was Permitting authorities should also discharges from State DOTs and other intended to address an omission from consider whether the federal or State State MS4s located in Phase 1 areas that existing regulations and to clarify that complex cooperates with its were not regulated under Phase 1. federal facilities are,in fact,covered by municipality's efforts to implement Today's rule adds many more State the NPDES program for municipal storm their storm water management program. facilities as well as all federal facilities water discharges when the federal Along with the questions about located in urbanized areas.All of these facility is like other regulated MS4s. individual buildings,EPA received State and federal facilities that fit the EPA received a comment that this many questions about how various definition of a small MS4 must be change would cause federal facilities provisions of the rule should be covered by a storm water management located in Phase 1 areas to be interpreted for federal and State program.The individual permitting considered Phase 1 dischargers due to facilities.EPA acknowledges that authorities must decide what type of the definition of medium and large federal and State facilities are different permit is most applicable. MS4s.All MS4s located in Phase 1 from municipalities.EPA believes, The existing NPDES storm water cities or counties are defined as Phase however,that the minimum measures program already regulates storm water 1 medium or large MS4s.EPA believes are flexible enough that they can be from federally or State-operated that all federal facilities serve a implemented by these facilities.As an industrial sources.Federal or State population of under 100,000 and should example,DOD commenters asked about facilities that are currently regulated be regulated as small MS4s.Therefore, how to interpret the term"public"for due to their industrial discharges may in§122.26(a)(16)of today's final rule, military installations when already be implementing some of EPA is adding federal facilities to the implementing the public education today's rule requirements. NPDES storm water discharge control measure.EPA agrees with the suggested EPA received comments that program by changing the proposed interpretation of"public"for DOD questioned the apparent inconsistency definition of small municipal separate facilities as"the resident and employee between regulating a federal facility storm sewer system.Paragraph(i)of this population within the fence line of the such as a hospital and not regulating a section restates the definition of facility." similar private facility.Normally,this municipal separate storm sewer with EPA also received many comments type of private facility is regulated by the addition of"the United States"as a from State departments of transportation the MS4.EPA believes that federal owner or operator of a small municipal (DOTS)that suggested the ways in facilities are subject to local water separate storm sewer.Paragraph(ii) which they are different from quality regulations,including storm repeats the proposed language that municipalities and should therefore be water requirements,by virtue of the states that a small MS4 is a municipal regulated differently. Storm water waiver of sovereign immunity in CWA separate storm sewer that is not medium discharges from State DOTS in Phase 1 section 313.However,there are special or large. areas should already be regulated under problems faced by MS4s in their efforts Most commenters agreed that federal Phase I.The preamble to Phase 1 clearly to regulate federal facilities that have facilities should be covered in the same states that"all systems within a not been encountered in regulating 68750 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations similar private facilities.To ensure such a unified program.Many definition,EPA included Appendices 6 comprehensive coverage,today's rule municipalities that are served by CSSs and 7 to assist in the identification of merely clarifies the need for permit and MS4s commented that it is areas that would probably require coverage for these federal facilities. inequitable to force them to comply coverage as"automatically designated" i. Combined Sewer Systems(CSS). with Phase II at this time because (Appendix 6)or"potentially The definition of small MS4s does not implementation of the CSO Control designated"(Appendix 7).The include combined sewer systems.A Policy through their NPDES permits definition and the appendices raised combined sewer system is a wastewater already imposes a significant financial many questions about exactly who was collection system that conveys sanitary burden.They requested an extension of required to comply with the proposed wastewater and storm water through a the implementation time frame.They requirements.Commenters raised issues single set of pipes to a publicly-owned did not provide ideas on how to unify about the definition of"incorporated treatment works(POTW)for treatment the two programs.EPA encourages place"and the status of towns, before discharging to a receiving permitting authorities to work with townships,and other places that are not waterbody.During wet weather events these municipalities as they develop considered incorporated by the Census when the capacity of the combined and begin implementation of their CSO Bureau.They also asked about special sewer system is exceeded,the system is and storm water management programs. districts,regional authorities,MS4s designed to discharge prior to the If both sets of requirements are carefully already regulated,and other questions POTW treatment plant directly into a coordinated early,a cost-effective wet in order to clarify the rule's coverage. receiving waterbody.Such an overflow weather program can be developed that EPA has revised§122.32(a)to clarify is a combined sewer overflow or CSO. will address both CSO and storm water that discharges are regulated under Combined sewer systems are not subject requirements. today's rule if they are from a small MS4 to existing regulations for municipal ii. Owners/Operators.Several that is in an urbanized area and has not storm water discharges,nor will they be commenters mentioned the difference received a waiver or they are designated subject to today's regulations.EPA between the existing storm water by the permitting authority.Today's addresses combined sewer systems and application requirement for municipal rule does not regulate the county,city, CSOs in the National Combined Sewer operators and the proposed municipal or town.Today's rule regulates the MS4. Overflow(CSO)Control Policy issued requirement for owners or operators to Therefore,even though a county may be on April 19,1994(59 FR 18688).The apply.They felt that this inconsistency listed in Appendix 6,if that county does CSO Control Policy contains provisions is confusing.The preamble to the not own or operate the municipal storm for developing appropriate,site-specific existing regulations makes numerous sewer systems,the county does not have NPDES permit requirements for references to owner/operator so there to submit an application or develop a combined sewer systems.CSO was no intent to make a clear distinction storm water management program.If discharges are subject to limitations between Phase I and Phase II. Section another entity does own or operate an based on the best available technology 122.21(b)states that when the owner MS4 within the county,for example,a economically achievable for toxic and operator are different,the operator regional utility district,that other entity pollutants and based on the best must obtain the permit.MS4s often have needs to submit the application and conventional pollutant control several operators.The owner may be develop the program. technology for conventional pollutants. responsible for one part of the system Some commenters suggested that EPA MS4s are subject to a different and a regional authority may be should change the rule language to technology standard for all pollutants, responsible for other aspects.EPA specifically allow regional authorities to specifically to reduce pollutants to the proposed the"owner or operator" be the permitted entity and to allow maximum extent practicable. language to convey this dual small MS4s to apply as co-permittees. Some municipalities are served by responsibility. However,when the EPA believes that the best way to clarify both separate storm sewer systems and owner is responsible for some part of a that regional authorities can be the combined sewer systems.If such a storm water management plan,it is also primary permitted entity is the change municipality is located within an an operator. to§122.32(a)and the explanation urbanized area,only the separate storm EPA has revised the regulation above.Because EPA assumes that sewer systems within that municipality language to clarify that"an operator" today's regulation will be implemented is included in the NPDES storm water must apply for a permit.When through general permits,MS4s will not program and subject to today's final responsibilities for the MS4 are shared, be co-permittees under a general permit rule.If the municipality is not located all operators must apply. in the same manner as under individual in an urbanized area,then the NPDES c.Regulated Small MS4s permits.EPA has added§122.33(a)(4) e permitting authority has discretion as to g and made a minor change to§122.35(a) whether the discharges from the In today's final rule,all small MS4s to clarify that small MS4s can work separate storm sewer system is subject located in an urbanized area are together to share the responsibilities of to today's final rule.The NPDES automatically designated as"regulated" a storm water management program. permitting authority will use the same small MS4s provided that they were not This is discussed further in Section process to designate discharges from previously designated into the existing II.H.3.c.iv below. portions of an MS4 for permit coverage storm water program.Unlike medium The proposed rule stated that when a where the municipality is also served by and large MS4s under the existing storm county or Federal Indian reservation is a combined sewer system. water regulations,not all small MS4s only partially included in an urbanized EPA recognizes that municipalities are designated under today's final rule. area,only MS4s in the urbanized that have both combined and separate Therefore,today's rule distinguishes portion of the county or Federal Indian storm sewer systems may wish to find between"small"MS4s and "regulated reservation would be regulated.In the ways to develop a unified program to small"MS4s. rare cases when an incorporated place is meet all wet weather water pollution EPA's definition of"regulated small only partially included in the urbanized control requirements more efficiently.In MS4s"in the proposal to today's rule area,the entire incorporated place the proposal to today's final rule,EPA included mention of incorporated would be regulated.EPA received sought comment on ways to achieve places and counties.Along with the comments asking about towns and Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68751 townships,because they were not studies to help explain the census included within an urbanized area as of considered to be incorporated areas category of"urbanized area."Appendix the 1990 Census will not later be according to the Census Bureau's 2 is a simplified urbanized area excluded from the urbanized area as of definition.Would the whole town/ illustration to help demonstrate the the 2000 Census.However,it is township be covered or only the part of concept of urbanized areas in relation to important to note that even if this the town/township in the urbanized today's final rule.The"urbanized area" situation were to occur,for example, area?States use many different types of is the shaded area that includes within due to a possible change in the Bureau systems in their geographical divisions. its boundaries incorporated places,a of the Census'urbanized area definition, Some towns are similar to incorporated portion of a Federal Indian reservation, a small MS4 that is automatically cities and others are large areas that are portions of two counties,an entire town, designated into the NPDES program for more similar to counties.Some and portions of another town.All small storm water under an urbanized area commenters thought that the urbanized MS4s located in the shaded area are calculation for any given Census year area boundary was arbitrary,and if part covered by the rule,unless and until will remain regulated regardless of the of a town or county was covered,it all waived by the permitting authority.Any results of subsequent urbanized area should be covered.Other commenters small MS4s located outside of the calculations. noted that some townships and counties shaded area are subject to potential ii.Rationale for Using Urbanized encompass very large areas of which designation by the permitting authority. Areas.EPA is using urbanized areas to only a small portion is urbanized.Due There are 405 urbanized areas in the automatically designate regulated small to the great variety of situations,EPA United States that cover 2 percent of MS4s on a nationwide basis for several has decided that for all geographical total U.S.land area and contain reasons:(1)studies and data show a entities,only MS4s in the urbanized approximately 63 percent of the nation's high correlation between degree of area are automatically designated.The population(see Appendix 3 for a listing development/urbanization and adverse population densities associated with the of urbanized areas of the United States impacts on receiving waters due to Census Bureau's designation of and Puerto Rico).These numbers storm water(U.S.EPA, 1983;Driver et urbanized areas provide the basis for include U.S.Territories,although al.,1985;Pitt,R.E. 1991. "Biological designation of these areas to protect Puerto Rico is the only territory to have Effects of Urban Runoff Discharges." water quality.This focused designation Census-designated urbanized areas. Presented at the Engineering provides for consistency and allows for Urbanized areas constitute the largest Foundation Conference: Urban Runoff flexibility on the part of the MS4 and and most dense areas of settlement.The and Receiving Systems;An the permitting authority.In those purpose of determining an"urbanized Interdisciplinary Analysis of Impact, situations where an incorporated place area"is to delineate the boundaries of Monitoring and Management,August or a town is not all in an"urbanized development and map the actual built- 1991.Mt. Crested Butte,CO.American area",there is a good possibility that it up urban area.The Bureau of the Census Society of Civil Engineers,New York. is served by more than one MS4.In geographers liken it to flying over an 1992.;Pitt,R.E. 1995. "Biological Effects those cases where the area is served by urban area and drawing a line around of Urban Runoff Discharges,"in Storm the same MS4,it makes sense to the boundary of the built-up area as water Runoff and Receiving Systems: develop a storm water program for the seen from the air. Impact,Monitoring,and Assessment. whole area.Permitting authorities may Using data from the latest decennial Lewis Publishers,New York.;Galli,J. also decide to designate all MS4s within census,the Census Bureau applies the 1990. Thermal Impacts Associated with a county or township,if they believe it urbanized area definition nationwide Urbanization and Storm water is necessary to protect water quality. (including U.S.Tribes and Territories) Management Best Management Most operators of MS4s will not need and determines which places and Practices.Prepared for the Sediment to independently determine the status of counties are included within each and Storm water Administration of the coverage under today's rule.EPA has urbanized area.For each urbanized area, Maryland Department of the revised the proposed Appendices 6 and the Bureau provides full listings of who Environment.;Klein, 1979), (2)the 7 to include towns and townships. is included,as well as detailed maps blanket coverage within the urbanized Therefore,these appendices will alert and special CD-ROM files for use with area encourages the watershed approach most MS4s as to whether they are likely computerized mapping systems (such as and addresses the problem of"donut- to be covered under today's rule. GIS).Each State's data center receives a holes,"where unregulated areas are However,each permitting authority copy of the list,and some maps, surrounded by areas currently regulated must make the decision as to who automatically.The States also have the (storm water discharges from donut hole requires coverage.Most likely,an CD—ROM files and a variety of areas present a problem due to their illustrative list of the regulated areas publications available to them for contributing uncontrolled adverse will be published with the general reference from the Bureau of the Census. impacts on local waters,as well as by permit. If not,the operator can contact In addition,local or regional planning frustrating the attainment of water its permitting authority or the Bureau of agencies may have urbanized area files quality goals of neighboring regulated the Census to find out if their separate already.New listings for urbanized communities), (3)this approach targets storm sewer systems are within an areas based on the 2000 Census will be present and future growth areas as a urbanized area. available by July/August 2001,but the preventative measure to help ensure i. Urbanized Area Description.Under more comprehensive computer files will water quality protection,and(4)the the Bureau of the Census definition of not be available until late 2001/early determination of urbanized areas by the "urbanized area,"adopted by EPA for 2002. Bureau of the Census allows operators the purposes of today's final rule, "an Additional designations based on of small MS4s to quickly determine urbanized area(UA)comprises a place subsequent census years will be whether they are included in the NPDES and the adjacent densely settled governed by the Bureau of the Census' storm water program as a regulated surrounding territory that together have definition of an urbanized area in effect small MS4. a minimum population of 50,000 for that year.Based on historical trends, Urbanized areas have experienced people."The proposal to today's rule EPA expects that any area determined significant growth over the past 50 provided the full definition and case by the Bureau of the Census to be years.According to EPA calculations 68752 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations based on Census data from 1980 to quality standards,including supporting the waiver vary depending on whether 1990,the national average rate of growth designated uses.The approach would the MS4 serves a population under in the United States during that 10-year also rely on identifying storm water 1,000 or a population between 1,000 period was more than 4 percent.For the management programs following and 10,000.Note that even if a small same period,the average growth within comprehensive watershed plans and MS4 has requirements waived,it can urbanized areas was 15.7 percent and TMDL development.In most States, subsequently be brought back into the the average for outside of urbanized water quality assessments have program if circumstances change. See areas was just more than 1 percent.The traditionally been conducted for Section II.G,NPDES Permitting new development occurring in these principal mainstream rivers and their Authority's Role,for more details on growing areas can provide some of the major tributaries,not all surface waters. this process. best opportunities for implementing The establishment of TMDLs cost-effective storm water management nationwide will take many years,and 3.Municipal Permit Requirements controls. many States will conduct additional a.Overview EPA received many comments on the monitoring to determine water quality i, Summary of Permitting Options. proposal to designate discharges based conditions prior to establishing TMDLs. Today's rule outlines six minimum on location within urbanized areas.EPA In addition,a case-by-case approach control measures that constitute the considered numerous other approaches, would not address the problem of framework for a storm water discharge several of which are discussed in the "donut holes"within urbanized areas control program for regulated small proposal to today's final rule.Several and a lack of consistency among MS4s that,when properly implemented, commenters wanted designation to be similarly situated municipal systems will reduce pollutants to the maximum based on proven water quality problems would remain commonplace.After extent practicable(MEP).These six rather than inclusion in an urbanized careful consideration of all comments, minimum control measures are area.One commenter proposed an EPA still believes that the approach in specified in§122.34(b)and are approach based on the CWA 303(d) today's rule is the most appropriate to discussed below in section"II.H.3.b, listing of impaired waters and the protect water quality.Protection program Requirements-Minimum wasteload allocation conducted under includes prevention as well as the TMDL process. (See section ILL..on remediation. regulated small MS4s are required Control Measures."All operators of the section 303(d)and TMDL process). d.Municipal Designation by the obtain coverage under an NPDES to designate smaallll MS4s on a case-by-case The commen proposal would Permitting Authority permit,unless the requirement is basis,covering only those discharges Today's final rule also allows NPDES Waived by the permitting authority in where receiving streams are shown to permitting authorities to designate MS4s accordance with today's rule. have water quality problems, that should be included in the storm Implementation of§122.34(b)may be particularly a failure to meet water water program as regulated small MS4s required either through an individual quality standards,including designated but are not located within urbanized permit or,if the State or EPA makes one uses.The commenter further described areas.The final rule requires,at a available to the facility,through a a non-NPDES approach where a State minimum,that a set of designation general permit.The process for issuing would require cost-effective measures criteria be applied to all small MS4s and obtaining these permits is discussed based on a proportionate share under a within a jurisdiction that serves a below in section"II.H.3.c,Application waste load allocation,equitably population of at least 10,000 and has a Requirements." allocated among all pollutant population density of at least 1,000. As an alternative to implementing a contributors.These waste load Appendix 7 to this preamble provides program that complies with the allocations would be developed with an illustrative list of places that the requirements of§122.34,today's rule input from all stakeholders,and Agency anticipates meet this criteria.In provides operators of regulated small remedial measures would be addition,any small MS4 may be the MS4s with the option of applying for an implemented in a phased manner based subject of a petition to the NPDES individual permit under§122.26(d). on the probability of results and/or permitting authority for designation. See The permit application requirements in economic feasibility.The States would Section II.G,NPDES Permitting §122.26 were originally drafted to apply then periodically reassess the receiving Authority's Role for more details on the to medium and large MS4s.Although streams to determine whether the designation and petition processes.EPA EPA believes that the requirements of remedial measures are working,and if believes that the approach of combining §122.34 provide a regulatory option that not,require additional control measures nationwide and local designation to is appropriate for most small MS4s,the using the same procedure used to determine municipal coverage balances operators of some small MS4s may establish the initial measures.What the the potential for significant adverse prefer more individualized commenter describes is almost a TMDL. impacts on water quality with local requirements.This alternative EPA considered a remedial approach watershed protection and planning permitting option for regulated small based on water quality impairment and efforts. MS4s that wish to develop their own rejected it for failure to prevent almost program is discussed below in section certain degradation caused by urban e.Waiving the Requirements for Small °`II.H.3.c.iii.Alternative Permit Option." storm water.EPA's main concern in MS4s The second alternative permitting opting not to take a case-by-case Today's final rule includes some option for regulated small MS4s is to approach to designation was that this flexibility in the nationwide coverage of become co-permittees with a medium or approach would not provide controls for all small MS4s located in urbanized large MS4 regulated under§122.26(d), storm water discharges in receiving areas by providing the NPDES as discussed below in section streams until after a site-specific permitting authority with the discretion "II.H.3.c.v.Joint Permit Programs." demonstration of adverse water quality to waive the otherwise applicable ii. Water Quality-Based Requirements. impact.The commenter's suggestion requirements of the smallest MS4s that Any NPDES permit issued under today's would do nothing to prevent pollution are not causing the impairment of a rule must,at a minimum,require the in waters that may be meeting water receiving water body.Qualifications for operator to develop,implement,and Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68753 enforce a storm water management derivation of water quality based more prescriptive requirements than program designed to reduce the effluent limitations,including those in today's rule. discharge of pollutants from a regulated assumptions about instream and EPA's interpretation of CWA section system to the MEP,to protect water discharge flow rates,as well as effluent 402(p)(3)(B)(iii)was recently reviewed quality,and satisfy the appropriate characterization.In addition,EPA by the Ninth Circuit in Defenders of water quality requirements of the Clean anticipates that determining compliance Wildlife,et al v.Browner,No. 98-71080 Water Act(see MEP discussion in the with any such numeric limitations may (September 15, 1999).The Court upheld following section).Absent evidence to be confounded by practical limitations the Agency's action in issuing five MS4 the contrary,EPA presumes that a small in sample collection. permits that included water quality- MS4 program that implements the six In the first two to three rounds of based effluent limitations.The Court minimum measures in today's rule does permit issuance,EPA envisions that a did,however,disagree with EPA's not require more stringent limitations to BMP-based storm water management interpretation of the relationship meet water quality standards.Proper program that implements the six between CWA sections 301 and 402(p). implementation of the measures will minimum measures will be the extent of The Court reasoned that MS4s are not significantly improve water quality.As the NPDES permit requirements for the compelled by section 301(b)(1)(C)to discussed further below,however,small large majority of regulated small MS4s meet all State water quality standards, MS4 permittees should modify their Because the six measures represent a but rather that the Administrator or the programs if and when available significant level of control if properly State may rely on section information indicates that water quality implemented,EPA anticipates that a 402(p)(3)(B)(iii)to require such controls. considerations warrant greater attention permit for a regulated small MS4 Accordingly,the Defenders of Wildlife or prescriptiveness in specific operator implementing BMPs to satisfy decision is consistent with the Agency's components of the municipal program. the six minimum control measures will 1996"Interim Permitting Policy for If the program is inadequate to protect be sufficiently stringent to protect water Water Quality-Based Effluent water quality,including water quality quality,including water quality Limitations in Storm Water Permits." standards,then the permit will need to standards,so that additional,more As noted,the 1996 Policy describes be modified to include any more stringent and/or more prescriptive water how permits would implement an stringent limitations necessary to quality based effluent limitations will be iterative process using BMPs, protect water quality. unnecessary. assessment,and refocused BMPs, Regardless of the basis for the If a small MS4 operator implements leading toward attainment of water development of the effluent limitations the six minimum control measures in quality standards.The ultimate goal of (whether designed to implement the six §122.34(b)and the discharges are the iteration would be for water bodies minimum measures or more stringent or determined to cause or contribute to to support their designated uses.EPA prescriptive limitations to protect water non-attainment of an applicable water believes this iterative approach is quality),EPA considers narrative quality standard,the operator needs to consistent with and implements section effluent limitations requiring expand or better tailor its BMPs within Circuit's int notwithstanding the Ninth implementation of BMPs to be the most the scope of the six minimum control Circuit's interpretation.As an appropriate form of effluent limitations measures.EPA envisions that this alternative to basing these water quality for MS4s.CWA section 402(p)(3)(b)(iii) process will occur during the first two based requirements r, section expresses a reference for narrative to three permit terms.After that period, the iterative,however,EPA also believes P P p p the iterative approach toward rather than numeric effluent limits,for EPA will revisit today's regulations for attainment of water quality standards example,by reference to"management the municipal separate storm sewer represents a reasonable interpretation of practices,control techniques and program. CWA section 402(p)(3)(B)(iii).For this system,design and engineering If the permitting authority(rather than reason,today's rule specifies that the methods,and such other provisions as the regulated small MS4 operator)needs -compliance target"for the design and the Administrator or the State to impose additional or more specific implementation of municipal storm determines appropriate for the control measures to protect water quality,then water control programs is"to reduce of such pollutants."33 U.S.C. that action will most likely be the result pollutants to the maximum extent 1342(p)(3)(B)(iii).EPA determines that of an assessment based on a TMDL or practicable(MEP),to protect water pollutants from wet weather discharges equivalent analysis that determines quality,and to satisfy the appropriate are most appropriately controlled sources and allocations of pollutant(s) of water quality requirements of the through management measures rather concern.EPA believes that the small CWA."The first component,reductions than end-of-pipe numeric effluent MS4's additional requirements,if any, to the MEP,would be realized through limitations.As explained in the Interim should be guided by its equitable share implementation of the six minimum Permitting Policy for Water Quality- based on a variety of considerations, measures.The second component,to Based Effluent Limitations in Storm such as cost effectiveness,proportionate protect water quality,reflects the overall Water Permits,issued on August 1,1996 contribution of pollutants,and ability to design objective for municipal programs [61 FR 43761 (November 26, 1996),EPA reasonably achieve wasteload based on CWA section 402(p)(6).The believes that the currently available reductions. Narrative effluent third component,to implement other methodology for derivation of numeric limitations in the form of BMPs may applicable water quality requirements of water quality-based effluent limitations still be the best means of achieving the CWA,recognizes the Agency's is significantly complicated when those reductions. specific determination under CWA applied to wet weather discharges from See Section II.L,Water Quality Issues, section 402(p)(3)(B)(iii)of the need to MS4s(compared to continuous or for further discussion of this approach achieve reasonable further progress periodic batch discharges from most to permitting,consistent with EPA's toward attainment of water quality other types of discharge).Wet weather interim permitting guidance.Pursuant standards according to the iterative BMP discharges from MS4s introduce a high to CWA section 510,States process,as well as the determination degree of variability in the inputs to the implementing their own NPDES that State or EPA officials who establish models currently available for programs may develop more stringent or TMDLs could allocate waste loads to 68754 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations MS4s,as they would to other point implementation of the BMPs can be proposed storm water management sources. assessed.Upon receipt of the NOI from controls to determine whether reduction EPA does not presume that water a small MS4 operator,the NPDES of pollutants to the MEP can be quality will be protected if a small MS4 permitting authority will have the achieved with the identified BMPs. elects not to implement all of the six opportunity to review the NOI to verify EPA envisions application of the MEP minimum measures and instead applies that the identified BMPs and standard as an iterative process.MEP for alternative permit limits under measurable goals are consistent with the should continually adapt to current §122.26(d).Operators of such small requirement to reduce pollutants under conditions and BMP effectiveness and MS4s that apply for alternative permit the MEP standard,to protect water should strive to attain water quality limits under§122.26(d)must supply quality,and to satisfy the appropriate standards.Successive iterations of the additional information through water quality requirements of the Clean mix of BMPs and measurable goals will individual permit applications so that Water Act.If necessary,the NPDES be driven by the objective of assuring the permit writer can determine permitting authority may ask the maintenance of water quality standards. whether the proposed program reduces permittee to revise their mix of BMPs, If,after implementing the six minimum pollutants to the MEP and whether any for example,to better reflect the MEP control measures there is still water other provisions are appropriate to pollution reduction requirement.Where quality impairment associated with protect water quality and satisfy the the NPDES permit is not written to discharges from the MS4,after appropriate water quality requirements implement the minimum control successive permit terms the permittee of the Clean Water Act. measures specified under§122.34(b), will need to expand or better tailor its iii.Maximum Extent Practicable. for example in the case of an individual BMPs within the scope of the six Maximum extent practicable(MEP)is permit under§122.33(b)(2)(ii),the MEP minimum control measures for each the statutory standard that establishes standard will be applied based on the subsequent permit.EPA envisions that the level of pollutant reductions that best professional judgment of the permit this process may take two to three operators of regulated MS4s must writer. permit terms. achieve.The CWA requires that NPDES Commenters argued that MEP is,as One commenter observed that MEP is permits for discharges from MS4s"shall yet,an undefined term and that EPA not static and that if the six minimum require controls to reduce the discharge needs to further clarify the MEP control measures are not achieving the of pollutants to the maximum extent standards by providing a regulatory necessary water quality improvements, practicable,including management definition that includes recognition of then an MS4 should be expected to practices,control techniques and cost considerations and technical revise and,if necessary,expand its system,design and engineering feasibility.Commenters argued that, program.This concept,it is argued, methods."CWA Section without a definition,the regulatory must be clearly part of the definition of 402(p)(3)(B)(iii).This section also calls community is not adequately on notice MEP and thus incorporated into the for"such other provisions as the[EPA] regarding the standard with which they binding and operative aspects of the Administrator or the State determines need to comply.EPA disagrees that rule.As is explained above,EPA appropriate for the control of such affected MS4 permittees will lack notice believes that it is.The iterative process pollutants."EPA interprets this of the applicable standard.The described above is intended to be standard to apply to all MS4s,including framework for the small MS4 permits sensitive to water quality concerns.EPA both existing regulated(large and described in this notice provides EPA's believes that today's rule contains medium)MS4s,as well as the small interpretation of the standard and how provisions to implement an approach MS4s regulated under today's rule. it should be applied. that is consistent with this comment. For regulated small MS4s under EPA has intentionally not provided a b.Program Requirements'Minimum today's rule,authorization to discharge precise definition of MEP to allow Control Measures may be under either a general permit or maximum flexibility in MS4 permitting. individual permit,but EPA anticipates MS4s need the flexibility to optimize A regulated small MS4 operator must and expects that general permits will be reductions in storm water pollutants on develop and implement a storm water the most common permit mechanism. a location-by-location basis.EPA management program designed to The general permit will explain the envisions that this evaluative process reduce the discharge of pollutants from steps necessary to obtain permit will consider such factors as conditions their MS4 to protect water quality.The authorization.Compliance with the of receiving waters,specific local storm water management program must conditions of the general permit and the concerns,and other aspects included in include the following six minimum series of steps associated with a comprehensive watershed plan.Other measures. identification and implementation of factors may include MS4 size,climate, i.Public Education and Outreach on the minimum control measures will implementation schedules,current Storm Water Impacts.Under today's satisfy the MEP standard. ability to finance the program,beneficial final rule,operators of small MS4s must Implementation of the MEP standard uses of receiving water,hydrology, implement a public education program under today's rule will typically require geology,and capacity to perform to distribute educational materials to the the permittee to develop and implement operation and maintenance. community or conduct equivalent appropriate BMPs to satisfy each of the The pollutant reductions that outreach activities about the impacts of required six minimum control represent MEP may be different for each storm water discharges on water bodies measures. small MS4,given the unique local and the steps to reduce storm water In issuing the general permit,the hydrologic and geologic concerns that pollution.The public education NPDES permitting authority will may exist and the differing possible program should inform individuals and establish requirements for each of the pollutant control strategies.Therefore, households about the problem and the minimum control measures.Permits each permittee will determine steps they can take to reduce or prevent typically will require small MS4 appropriate BMPs to satisfy each of the storm water pollution. permittees to identify in their NOI the six minimum control measures through EPA believes that as the public gains BMPs to be performed and to develop an evaluative process.Permit writers a greater understanding of the storm the measurable goals by which may evaluate small MS4 operator's water program,the MS4 is likely to gain Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68755 more support for the program(including industrial,and institutional entities program is one that includes a variety of funding initiatives).In addition, likely to have significant storm water strategies locally designed to reach compliance with the program will impacts.For example,MS4 operators specific audiences. probably be greater if the public should provide information to ii.Public Involvement/Participation. understands the personal restaurants on the impact of grease Public involvement is an integral part of responsibilities expected of them.Well- clogging storm drains and to auto the small MS4 storm water program. informed citizens can act as formal or garages on the impacts of used oil Accordingly,today's final rule requires informal educators to further discharges. that the municipal storm water disseminate information and gather EPA received comments from management program must comply with support for the program,thus easing the representatives of State DOTs and U.S. applicable State and local public notice burden on the municipalities to perform Department of Defense(DOD) requirements.Section 122.34(b)(2) all educational activities. installations seeking exemption from recommends a public participation MS4s are encouraged to enter into the public education requirement. process with efforts to reach out and partnerships with their States in While today's rule does not exempt engage all economic and ethnic groups. fulfilling the public education DOTS and military bases from the user EPA believes there are two important requirement.It may be more cost- education requirement,the Agency reasons why the public should be effective to utilize a State education believes the flexibility inherent in the allowed and encouraged to provide program instead of numerous MS4s Rule addresses many of the concerns valuable input and assistance to the developing their own programs.MS4 expressed by these commenters. MS4's program. operators are also encouraged to work Certain DOT representatives First,early and frequent public with other organizations(e.g., commented that if their agencies were involvement can shorten environmental,nonprofit and industry not exempt from the user education implementation schedules and broaden organizations)that might be able to measure's requirements,they should at public support for a program. assist in fulfilling this requirement. least be allowed to count DOT employee Opportunities for members of the public The public education program should education as an adequate substitute. to participate in program development be tailored,using a mix of locally EPA supports the use of existing and implementation could include appropriate strategies,to target specific materials and programs,granted such serving as citizen representatives on a audiences and communities materials and programs meet the rule's local storm water management panel, (particularly minority and requirement that the MS4 user attending public hearings,working as disadvantaged communities).Examples community(i.e.,the public)is also citizen volunteers to educate other of strategies include distributing educated concerning the impacts of individuals about the program,assisting brochures or fact sheets,sponsoring storm water discharges on water bodies in program coordination with other pre- speaking engagements before and the steps to reduce storm water existing programs,or participating in community groups,providing public pollution. volunteer monitoring efforts.Moreover, service announcements,implementing Finally,certain DOD representatives members of the public may be less educational programs targeted at school requested that"public,"as applied to likely to raise legal challenges to a age children,and conducting their installations,be defined as the MS4's storm water program if they have community-based projects such as storm resident and employee populations been involved in the decision making drain stenciling,and watershed and within the fence line of the facility.EPA process and program development and, beach cleanups.Operators of MS4s may agrees that the education effort should therefore,internalize personal use storm water educational information be directed toward those individuals responsibility for the program provided by the State,Tribe,EPA,or who frequent the federally owned land themselves. environmental,public interest,trade (i.e.,residents and individuals who Second,public participation is likely organizations,or other MS4s.Examples come there to work and use the MS4 to ensure a more successful storm water of successful public education efforts facilities). program by providing valuable expertise concerning polluted runoff can be found EPA also received a number of and a conduit to other programs and in many State nonpoint source pollution comments from municipalities stating governments.This is particularly control programs under CWA section that education would be more thorough important if the MS4's storm water 319. and cost effective if accomplished by program is to be implemented on a The public education program should EPA on the national level.EPA believes watershed basis.Interested stakeholders inform individuals and households that a collaborative State and local may offer to volunteer in the about steps they can take to reduce approach,in conjunction with implementation of all aspects of the storm water pollution,such as ensuring significant EPA technical support,will program,thus conserving limited proper septic system maintenance, best meet the goal of targeting,and municipal resources. ensuring the use and disposal of reaching,specific local audiences.EPA EPA recognizes that there are a landscape and garden chemicals technical support will include a tool number of challenges associated with including fertilizers and pesticides, box which will contain fact sheets, public involvement.One challenge is in protecting and restoring riparian guidance documents,an information engaging people in the public meeting vegetation,and properly disposing of clearinghouse,and training and and program design process.Another used motor oil or household hazardous outreach efforts. challenge is addressing conflicting wastes.Additionally,the program could Finally,EPA received comments viewpoints.Nevertheless,EPA strongly inform individuals and groups on how expressing concern that the public believes that these challenges can be to become involved in local stream and education program simply encourages addressed by use of an aggressive and beach restoration activities as well as the distribution of printed material.EPA inclusive program.Section II.K. activities coordinated by youth service is sensitive to this concern. Upon provides further discussion on public and conservation corps and other evaluation,the Agency made changes to involvement. citizen groups.Finally,materials or the proposal's language for today's rule. A number of municipalities sought outreach programs should be directed The language has been changed to clarification from EPA concerning what toward targeted groups of commercial, reflect EPA's belief that a successful the public participation program must 68756 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations actually include.In response,the actual deliberately connected to the storm wetlands,dechlorinated swimming pool requirements are minimal,but the drains)or indirect connections(e.g., discharges,and street wash water Agency's recommendations are more infiltration into the storm drain system (discharges or flows from fire fighting comprehensive.The public or spills collected by drain inlets). activities are excluded from the participation program must only comply Under the existing NPDES program definition of illicit discharge and only with applicable State and local public for storm water,permit applications for need to be addressed where they are notice requirements.The remainder of large and medium MS4s are to include identified as significant sources of the preamble,as well as the Explanatory a program description for effective pollutants to waters of the United Note accompanying the regulatory text, prohibition against non-storm water States).If the operator of the MS4 provide guidance to the MS4s discharges into their storm sewers(see identifies one or more of these concerning what elements a successful 40 CFR 122.26(d)(1)(v)(B)and categories of sources to be a significant and inclusive program should include. (d)(1)(iv)(B)).Further,EPA believes that contributor of pollutants to the system, EPA will provide technical support as in implementing municipal storm water it could require specific controls for that part of the tool box(i.e.,providing management plans under these permits, category of discharge or prohibit the model public involvement programs, large and medium MS4 operators discharges completely. conducting public workshops,etc.)to generally found their illicit discharge Several comments were received on assist MS4 operators meet the intent of detection and elimination programs to the mapping requirements of the this measure. be cost-effective.Properly implemented proposal.Most comments said that more Finally,the Agency encourages MS4s programs also significantly improved flexibility should be given to the MS4s to seek public participation prior to water quality. to determine their mapping needs,and submitting an NOI. For example,public In today's rule,any NPDES permit that resources could be better spent in participation at this stage will allow the issued to an operator of a regulated addressing problems once the illicit MS4 to involve the public in developing small MS4 must,at a minimum,require discharges are detected.EPA reviewed the BMPs and measurable goals for their the operator to develop, implement and the mapping requirements in the NOI. enforce an illicit discharge detection proposed rule and agrees that some of iii.Illicit Discharge Detection and and elimination program.Inclusion of the information is not necessary in order Elimination.Discharges from small this measure for regulated small MS4s is to begin an illicit discharge detection MS4s often include wastes and consistent with the"effective and elimination program.Today's rule wastewater from non-storm water prohibition"requirement for large and requires a map or set of maps that show "illicit"discharges.Illicit discharge is medium MS4s.Under today's rule,the the locations of all outfalls and names defined at 40 CFR 122.26(b)(2)as any NPDES permit will require the operator and locations of receiving waters. discharge to a municipal separate storm of a regulated small MS4 to: (1)Develop Knowing the locations of outfalls and sewer that is not composed entirely of (if not already completed)a storm sewer receiving waters are necessary to be able storm water,except discharges pursuant system map showing the location of all to conduct dry weather field screening to an NPDES permit and discharges outfalls,and names and location of all for non-storm water flows and to resulting from fire fighting activities.As waters of the United States that receive respond to illicit discharge reports from detailed below,other sources of non- discharges from those outfalls;(2)to the the public.EPA recommends that the storm water,that would otherwise be extent allowable under State,Tribal,or operator collect any existing considered illicit discharges,do not local law,effectively prohibit through information on outfall locations (e.g., need to be addressed unless the operator ordinance,or other regulatory review city records,drainage maps, of the MS4 identifies one or more of mechanism,illicit discharges into the storm drain maps),and then conduct them as a significant source of separate storm sewer system and field surveys to verify the locations.It pollutants into the system.EPA's implement appropriate enforcement will probably be necessary to"walk" Nationwide Urban Runoff Program procedures and actions as needed; (3) (i.e.wade small receiving waters or use (NURP)indicated that many storm develop and implement a plan to detect a boat for larger receiving waters)the water outfalls still discharge during and address illicit discharges,including streambanks and shorelines,and it may substantial dry periods.Pollutant levels illegal dumping,to the system;and(4) take more than one trip to locate all in these dry weather flows were shown inform public employees,businesses, outfalls.A coding system should be to be high enough to significantly and the general public of hazards used to mark and identify each outfall. degrade receiving water quality.Results associated with illegal discharges and MS4 operators have the flexibility to from a 1987 study conducted in improper disposal of waste. determine the type(e.g.topographic, Sacramento,California,revealed that The illicit discharge and elimination GIS,hand or computer drafted)and size slightly less than one-half of the water program need only address the of maps which best meet their needs. discharged from a municipal separate following categories of non-storm water The map scale should be such that the storm sewer system was not directly discharges if the operator of the small outfalls can be accurately located.Once attributable to precipitation runoff(U.S. MS4 identifies them as significant an illicit discharge is detected at an Environmental Protection Agency, contributors of pollutants to its small outfall,it may be necessary to map that Office of Research and Development. MS4:water line flushing,landscape portion of the storm sewer system 1993.Investigation of Inappropriate irrigation,diverted stream flows,rising leading to the outfall in order to locate Pollutant Entries Into Storm Drainage ground waters,uncontaminated ground the source of the discharge. Systems—A User's Guide.Washington, water infiltration(as defined at 40 CFR Several comments requested DC EPA 600/R-92/238.)A significant 35.2005(20)),uncontaminated pumped clarification of the requirement to portion of these dry weather flows ground water,discharges from potable develop and implement a plan to detect results from illicit and/or inappropriate water sources,foundation drains,air and eliminate illicit discharges.EPA discharges and connections to the conditioning condensation,irrigation recommends that plans include municipal separate storm sewer system. water,springs,water from crawl space procedures for the following:locating Illicit discharges enter the system pumps,footing drains,lawn watering, priority areas;tracing the source of an through either direct connections(e.g., individual residential car washing, illicit discharge;removing the source of wastewater piping either mistakenly or flows from riparian habitats and the discharge;and program evaluation Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68757 and assessment.EPA recommends that could include documentation of actions federal CWA)to control non-storm MS4 operators identify priority areas taken to locate and eliminate illicit water discharges through MS4s.If State (i.e.,problems areas)for more detailed discharges such as:number of outfalls law prevents political subdivisions from screening of their system based on screened,complaints received and controlling discharges through storm higher likelihood of illicit connections corrected,feet of storm sewers televised, sewers,EPA anticipates common sense (e.g.,areas with older sanitary sewer numbers of discharges and quantities of will prevail to provide those MS4 lines),or by conducting ambient flow eliminated,number of dye or operators with the ability to meet the sampling to locate impacted reaches. smoke tests conducted.Appropriate requirements applicable for their Once priority areas are identified,EPA records of such actions should be kept discharges. recommends visually screening outfalls and should be submitted as part of the One comment reinforced the during dry weather and conducting field annual reports for the first permit term, importance of public information and tests,where flow is occurring,of as specified by the permitting authority education to the success of this selected chemical parameters as (reports only need to be submitted in measure.EPA agrees and suggests that indicators of the discharge source. years 2 and 4 in later permits).For more MS4 operators consider a variety of EPA's manual for investigation of on reporting requirements,see ways to inform and educate the public inappropriate pollutant entries into the §122.34(g). which could include storm drain storm drainage system(EPA, 1993) EPA received comments regarding an stenciling;a program to promote, suggests the following parameter list: MS4's legal authority beyond its publicize,and facilitate public reporting specific conductivity,fluoride and/or jurisdictional boundaries to inspect or of illicit connections or discharges;and hardness concentration,ammonia and/ take enforcement against illicit distribution of visual and/or printed or potassium concentration,surfactant discharges.EPA recognizes that illicit outreach materials.Recycling and other and/or fluorescence concentration, flows may originate in one jurisdiction public outreach programs could be chlorine concentration,pH and other and cross into one or more jurisdictions developed to address potential sources chemicals indicative of industrial before being discharged at an outfall.In of illicit discharges,including used sources.The manual explains why each such instances,EPA expects the MS4 motor oil,antifreeze,pesticides, parameter is a good indicator and how that detects the illicit flow to trace it to herbicides,and fertilizers. the information can be used to the point where it leaves their EPA received comments that State determine the type of source flow.The jurisdiction and notify the adjoining DOT's lack authority to implement this Agency is not recommending that MS4 of the flow,and any other physical measure.EPA believes that most DOTS fluoride and chlorine,generally used to or chemical information.The adjoining can implement most parts of this locate potable water discharges,be MS4 should then trace it to the source measure.If a DOT does not have the addressed under this program,therefore or to the location where it enters their necessary legal authority to implement a short list of parameters may include jurisdiction.The process of notifying any part of this measure,EPA conductivity,ammonia,surfactant and the adjoining MS4 should continue encourages them to coordinate their pH. Some MS4s have found it useful to until the source is located and storm water management efforts with measure for fecal coliform or E.coli in eliminated.In addition,because any the surrounding MS4s and other State their testing program.Observations of non-storm water discharge to waters of agencies.Many DOTs that are regulated physical characteristics of the discharge the U.S.through an MS4 is subject to under Phase I of this program are co- are also helpful such as flow rate, the prohibition against unpermitted permittees with the local regulated MS4. temperature,odor,color,turbidity, discharges pursuant to CWA section 301 Under today's rule,DOTS can use any floatable matter, deposits and stains, (a),remedies are available under the of the options of§122.35 to share their and vegetation. federal enforcement provisions of CWA storm water management The implementation plan should also sections 309 and 505. responsibilities. include procedures for tracing the EPA requested and received EPA received comments requesting source of an illicit discharge. Once an comments regarding the prohibition and clarification of various terms such as illicit discharge is detected and field enforcement provision for this "outfall"and"illicit discharge."One tests provide source characteristics,the minimum measure.Commenters comment asked EPA to reinforce the next step is to determine the actual specifically questioned the proposal that point that a"ditch"could be considered location of the source.Techniques for the operator only has to implement the an outfall.The term"outfall"is defined tracing the discharge to its place of appropriate prohibition and at 40 CFR 122.26(b)(9)as"a point origin may include:following the flow enforcement procedures"to the extent source at the point where a municipal up the storm drainage system via allowable under State or Tribal law." separate storm sewer discharges to observations and/or chemical testing in They raised concerns that by qualifying waters of the United States * * *".The manholes or in open channels; prohibition and enforcement procedures term municipal separate storm sewer is televising storm sewers;using infrared in this manner,the operator could defined at 40 CFR§122.26(b)(8)as"a and thermal photography;conducting altogether ignore this minimum measure conveyance or system of conveyances smoke or dye tests. where affirmative legal authority did not (including roads with drainage systems, The implementation plan should also exist.Comments suggested that EPA municipal streets,catch basins,curbs, include procedures for removing the require States to grant authority to those gutters,ditches,man-made channels,or source of the illicit discharge.The first municipalities where it did not exist. storm drains) * * *".Following the step may be to notify the property Other comments,however,stated that logic of these definitions,a"ditch"may owner and specify a length of time for municipalities cannot exercise legal be part of the municipal separate storm eliminating the discharge.Additional authority not granted to them under sewer,and at the point where the ditch notifications and escalating legal actions State law,which varies considerably discharges to waters of the United should also be described in this part of from one State to another.EPA has no States,it would be an outfall.As with the plan. intention of directing State legislatures any determination about jurisdictional Finally,the implementation plan on how to allocate authority and provisions of the CWA,however,final should include procedures for program responsibility under State law.As noted decisions require case specific evaluation and assessment.Procedures above,there is at least one remedy(the evaluations of fact. 68758 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations One commenter specifically requested implemented and enforced construction include these sites in its storm water clarification on the relationship between site ordinances effectively reduce these management program.Even if the term"illicit discharge"and non- pollutants.In many areas,however,the requirements for a discharge from a storm water discharges from fire effectiveness of ordinances in reducing given construction site are waived by fighting.The comment suggested that it pollutants is limited due to inadequate the NPDES permitting authority, would be impractical to attempt to enforcement or incomplete compliance however,the regulated small MS4 may determine whether the flow from a with such local ordinances by still chose to control those discharges specific fire(i.e.,during a fire)is a construction site operators(Paterson, under the MS4's construction pollutant significant source of pollution.EPA R.G. 1994. "Construction Practices:The control program,particularly where intends that MS4s will address all Good,the Bad,and the Ugly." such discharges may cause siltation allowable non-storm water flows Watershed Protection Techniques 1(2)). problems in storm sewers.See Section categorically rather than individually.If Today's rule requires operators of II.I.1.b for more information on an MS4 is concerned that flows from regulated small MS4s to develop, construction waivers by the permitting fire fighting are,as a category, implement,and enforce a pollutant authority. contributing substantial amounts of control program to reduce pollutants in Some commenters suggested that the pollutants to their system,they could any storm water runoff from proposed construction minimum develop a program to address those construction activities that result in measure requirements went beyond the flows prospectively.The program may land disturbance of 1 or more acres(see permit application requirements include an analysis of the flow from §122.34(b)(4)).Construction activity on concerning construction for medium several sources,steps to minimize the sites disturbing less than one acre must and large MS4s.In response,EPA has pollutant contribution,and a plan to be included in the program if the made changes to the proposed measure work with the sources of the discharge construction activity is part of a larger so that it more closely resembles the to minimize any adverse impact on common plan of development or sale MS4 permit application requirements in water quality.During the development that would disturb one acre or more. existing regulations. For example,as of such a program,the MS4 may The construction runoff control described below,the Agency revised the determine that only certain types of program of the regulated small MS4 proposed requirements for"pre- flows within a particular category are a must include an ordinance or other construction review of site management concern,for example,fire fighting flows regulatory mechanism to require erosion plans"to require"procedures for site at industrial sites where large quantities and sediment controls to the extent plan review." of chemicals are present.In this practicable and allowable under State, One commenter expressed concerns example,a review of existing Tribal or local law.The program also that addressing runoff from construction procedures with the fire department must include sanctions to ensure sites within urbanized areas (through and/or hazardous materials team may compliance(for example,non-monetary the small MS4 program)differently from reveal weaknesses or strengths penalties,fines,bonding requirements, construction sites outside urbanized previously unknown to the MS4 and/or permit denials for non- areas(which will not be covered by the operator. compliance).The program must also small MS4 program)will encourage EPA received comments requesting include,at a minimum:requirements for urban sprawl.Today's rule,together modifications to the rule to include on- construction site operators to implement with the existing requirements,requires site sewage disposal systems(i.e.,septic appropriate erosion and sediment all construction greater than or equal to systems)in the scope of the illicit control BMPS,such as silt fences, 1 acre,unless waived,to be covered by discharge program.On-site sewage temporary detention ponds and an NPDES permit whether it is located disposal systems that flow into storm diversions;procedures for site plan inside or outside of an urbanized area drainage systems are within the review by the small MS4 which (see§122.26(b)(15)).Today's rule does definition of illicit discharge as defined incorporate consideration of potential not require small MS4s to control runoff by the regulations.Where they are water quality impacts;requirements to from construction sites more stringently found to be the source of an illicit control other waste such as discarded or prescriptively than is required for discharge,they need to be eliminated building materials,concrete truck construction site runoff outside similar to any other illicit discharge washout,chemicals,litter,and sanitary urbanized areas.Therefore,today's rule source.Today's rule was not modified waste at the construction site that may imposes no substantively different to include discharges from on-site adversely impact water quality; onsite controls on runoff of storm water sewage disposal systems specifically procedures for receipt and consideration from construction sites in urbanized because those sources are already of information submitted by the public areas than from construction sites within the scope of the existing to the MS4;and procedures for site outside of urbanized areas. definition of illicit discharge. inspection and enforcement of control One commenter recommended that iv. Construction Site Storm Water measures by the small MS4. the small MS4 construction site storm Runoff Control.Over a short period of Today's rule provides flexibility for water runoff control program address all time,storm water runoff from regulated small MS4s by allowing them storm water runoff from construction construction site activity can contribute to exclude from their construction sites,not just the runoff into the MS4. more pollutants,including sediment,to pollutant control program runoff from The commenter also believed that MS4s a receiving stream than had been those construction sites for which the should provide clear,objective deposited over several decades(see NPDES permitting authority has waived standards for all construction sites.EPA section I.B.3).Storm water runoff from NPDES storm water small construction agrees. Because today's rule only construction sites can include permit requirements.For example,if the regulates discharges from the MS4,the pollutants other than sediment,such as NPDES permitting authority waives construction pollutant control measure phosphorus and nitrogen,pesticides, permit coverage for storm water only requires small MS4 operators to petroleum derivatives,construction discharges from construction sites less control runoff into its system.As a chemicals,and solid wastes that may than 5 acres in areas where the rainfall practical matter,however,EPA become mobilized when land surfaces erosivity factor is less than 5,then the anticipates that MS4 operators will find are disturbed.Generally,properly regulated small MS4 does not have to that regulation of all construction site Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68759 runoff,whether they runoff into the from construction activity early in the reference into NPDES construction MS4 or not,will prove to be the most project design process so that potential permits.This provision has no impact simple and efficient program.The consequences to the aquatic on,or direct relation to,the small MS4 Agency may provide more specific environment can be assessed and operator's responsibilities under the criteria for construction site BMPs in the adverse water quality impacts can be construction site storm water runoff forthcoming rule being developed under minimized or eliminated. control minimum measure.Conversely, CWA section 402(m).See section II.D.1 One commenter requested that EPA under§122.35(b),the permitting of today's rule. delete the requirement for"procedures authority may recognize in the MS4's One commenter stated that there is no for receipt and consideration of permit that another governmental entity, need for penalties at the local level by information submitted by the public" or the permitting authority itself,is the small MS4 because the CWA already because it went beyond existing storm responsible for implementing one or imposes sufficient penalties to ensure water requirements. Another commenter more of the minimum measures compliance.EPA disagrees and believes stated that establishing a separate (including construction site storm water that enforcement and compliance at the process to respond to public inquiries runoff control),and not include this local level is both necessary and on a project is a burden to small measure in the small MS4's permit.In preferable.Examples of sanctions,some communities,especially if the project this case,the other governmental not available under the CWA,include has gone through an environmental entity's program must satisfy all of the non-monetary penalties,monetary fines, review. One commenter requested requirements of the omitted measure. bonding requirements,and denial of clarification of this provision.EPA has v.Post-Construction Storm Water future or other local permits. retained this requirement in today's Management in New Development and One commenter recommended that final rule to require some formality in Redevelopment.The NURP study and EPA should not include the requirement the process for addressing public more recent investigations indicate that to control pollutants other than inquiries regarding storm water runoff prior planning and designing for the sediment from construction sites in this from construction activities.EPA does minimization of pollutants in storm measure.EPA disagrees with this not intend that small MS4s develop a water discharges is the most cost- comment.The requirement is to control separate,burdensome process to effective approach to storm water waste that"may cause adverse impacts respond to every public inquiry.A small quality management.Reducing on water quality."Such wastes may MS4 could,for example,simply log pollutant concentrations in storm water include discarded building materials, public complaints on existing storm after the discharge enters a storm sewer concrete truck washout,chemicals, water runoff problems from system is often more expensive and less pesticides,herbicides,litter,and construction sites and pass that efficient than preventing or reducing sanitary waste.These wastes,when information on to local inspectors.The pollutants at the source. Increased exposed to and mobilized by storm inspectors could then investigate human activity associated with water,can contribute to water quality complaints based on the severity of the development often results in increased impairment. violation and/or priority area. pollutant loading from storm water The proposed rule required One commenter believed that the discharges. If potential adverse water "procedures for pre-construction review proposed requirement of"regular quality impacts are considered from the of site management plans."EPA inspections during construction"would beginning stages of a project,new requested comment on expanding this require every construction project to be development and redevelopment provision to require both review and inspected more than once by the small provides more opportunities for water approval of construction site storm MS4 during the term of a construction quality protection. For example, water plans.Many commenters project.EPA has deleted the reference to minimization of impervious areas, expressed the concern that review and "regular inspections."Instead,the small maintenance or restoration of natural approval of site plans is not only costly MS4 will be required to"develop infiltration,wetland protection,use of and time intensive,but may procedures for site inspection and vegetated drainage ways,and use of unnecessarily delay construction enforcement of control measures." riparian buffers have been shown to projects and unduly burden staff who Procedures could include steps to reduce pollutant loadings in storm administer the local program.In identify priority sites for inspection and water runoff from developed areas.EPA addition,some commenters expressed enforcement based on the nature and encourages operators of regulated small confusion whether EPA proposed pre- extent of the construction activity, MS4s to identify specific problem areas construction review for all site topography,and the characteristics of within their jurisdictions and initiate management plans or only higher soils and receiving water quality. innovative solutions and designs to priority sites.To address these In order to avoid duplication of small focus attention on those areas through comments,and be consistent with the MS4 construction requirements with local planning. permit application requirements for NPDES construction permit In today's rule at§122.34(b)(5), larger MS4s,EPA changed"procedures requirements,today's rule adds NPDES permits issued to an operator of for pre-construction review of site §122.44(s)to recognize that the NPDES a regulated small MS4 will require the management plans"to"procedures for permitting authority can incorporate operator to develop,implement,and site plan review."Today's rule requires qualifying State,Tribal,or local erosion enforce a program to address storm the small MS4 to develop procedures for and sediment control requirements in water runoff from new development and site plan review so as to incorporate NPDES permits for construction site redevelopment projects that result in consideration of adverse potential water discharges.For example,a construction land disturbance of greater than or equal quality impacts.Procedures should site operator who complies with MS4 to one acre,including projects less than include review of site erosion and construction pollutant control programs one acre that are part of a larger sediment control plans,preferably that are referenced in the NPDES common plan of development or sale, before construction activity begins on a construction permit would satisfy the that discharge into the MS4. site.The objective is for the small MS4 requirements of the NPDES permit.See Specifically,the NPDES permit will operator and the construction site section I1.I.1A for more information on require the operator of a regulated small operator to address storm water runoff incorporating qualifying programs by MS4 to: (1)Develop and implement 68760 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations strategies which include a combination such as wetlands and riparian areas, as reduce the cost for roads and other of structural and/or non-structural best maintain and/or increase open space infrastructure. management practices(BMPs) (including a dedicated funding source Minimizing directly connected appropriate for the community; (2)use for open space acquisition),provide impervious areas(DCIAs)is a drainage an ordinance,or other regulatory buffers along sensitive water bodies, strategy that seeks to reduce paved areas mechanism to address post-construction minimize impervious surfaces,and and directs storm water runoff to runoff from new development and minimize disturbance of soils and landscaped areas or to structural redevelopment projects to the extent vegetation; (2)policies or ordinances controls such as grass swales or buffer allowable under State,Tribal or local that encourage infill development in strips.This strategy can slow the rate of law;(3)ensure adequate long-term higher density urban areas,and areas runoff,reduce runoff volumes,attenuate operation and maintenance of BMPs; with existing storm sewer infrastructure; peak flows,and encourage filtering and and(4)ensure that controls are in place (3)education programs for developers infiltration of storm water.It can be that would minimize water quality and the public about project designs made an integral part of drainage impacts.EPA intends the term that minimize water quality impacts; planning for any development(Urban "redevelopment"to refer to alterations and(4)other measures such as Drainage and Flood Control District, of a property that change the"footprint" minimization of the percentage of Denver,CO. 1992. Urban Storm of a site or building in such a way that impervious area after development,use Drainage Criteria Manual, Volume 3— results in the disturbance of equal to or of measures to minimize directly Best Management Practices).The Urban greater than 1 acre of land.The term is connected impervious areas,and source Drainage and Flood Control District not intended to include such activities control measures often thought of as manual describes three levels for as exterior remodeling,which would good housekeeping,preventive minimizing DCIAs.At Level 1 all not be expected to cause adverse storm maintenance and spill prevention. impervious surfaces are made to drain water quality impacts and offer no new Detailed examples of non-structural over grass-covered areas before reaching opportunity for storm water controls. BMPs follow. a storm water conveyance system.Level EPA received comments requesting Preserving open space may help to 2 adds to Level 1 and replaces street guidance and clarification of the rule protect water quality as well as provide curb and gutter systems with low- requirements.The scope of the other benefits such as recharging velocity grass-lined swales and pervious comments ranged from general requests groundwater supplies,detaining storm street shoulders.In addition to Levels 1 for more details on how MS4 operators water,supporting wildlife and and 2,Level 3 over-sizes swales and should accomplish the four providing recreational opportunities. configures driveway and street crossing requirements listed above,to specific Although securing funding for open culverts to use grass-lined swales as requests for information regarding space acquisition may be difficult, elongated detention basins. transfer of ownership for structural various funding mechanisms have been Structural BMPs include: (1) Storage controls,as well as ongoing used.New Jersey uses a portion of their practices such as wet ponds and responsibility for operation and State sales tax(voter approved for a ten extended-detention outlet structures;(2) maintenance. By the term year period)as a stable source of filtration practices such as grassed "combination"of BMPs,EPA intends a funding to finance the preservation of swales,sand filters and filter strips;and combination of structural and/or non- historic sites,open space and farmland. (3)infiltration practices such as structural BMPs.For this requirement, Colorado uses part of the proceeds from infiltration basins and infiltration the term"combination"is meant to the State lottery to acquire and manage trenches. emphasize that multiple BMPs should open space. Some local municipalities EPA recommends that small MS4 be considered and adopted for use in use a percentage of the local sales tax operators ensure the appropriate the community.A single BMP generally revenue to pay for open space implementation of the structural BMPs cannot significantly reduce pollutant acquisition(e.g.,Jefferson County,CO by considering some or all of the loads because pollutants come from has had an open space program in place following: (1)Pre-construction review of many sources within a community.The since 1977 funded by a 0.50 percent BMP designs;(2)inspections during BMPs chosen should: (1)Be appropriate sales tax).Open space can be acquired construction to verify BMPs are built as for the local community;(2)minimize in the form of:fee simple purchase; designed; (3)post-construction water quality impacts;and(3)attempt to easements;development rights; inspection and maintenance of BMPs; maintain pre-development runoff purchase and sellback or leaseback and(4)sanctions to ensure compliance conditions.In choosing appropriate arrangements;purchase options;private with design,construction or operation BMPs,EPA encourages small MS4 land trusts;impact fees;and land and maintenance(O&M)requirements operators to participate in locally-based dedication requirements.Generally,fee of the program. watershed planning efforts which simple purchases provide the highest EPA cautions that certain infiltration attempt to involve a diverse group of level of development control and systems such as dry wells,bored wells stakeholders.Each new development certainty of preservation,whereas the or tile drainage fields may be subject to and redevelopment project should have other forms of acquisition may provide Underground Injection Control(UIC) a BMP component.If an approach is less control,though they would also program requirements(see 40 CFR Part chosen that primarily focuses on generally be less costly. 144.12.).To find out more about these regional or non-structural BMPs, Cluster development,while allowing requirements,contact your state UIC however,then the BMPs may be located housing densities comparable to Program,or call EPA's Safe Drinking away from the actual development site conventional zoning practice, Water Hotline at 1-800-426-4791. (e.g.,a regional water quality pond). concentrates housing units in a portion In order to meet the third post- Non-structural BMPs are preventative of the total site area which provides for construction requirement(ensuring actions that involve management and greater open space,recreation,stream adequate long-term O&M of BMPs),EPA source controls such as: (1)Policies and protection and storm water control.This recommends that small MS4 operators ordinances that provide requirements type of development,by reducing lot evaluate various O&M management and standards to direct growth to sizes,can protect sensitive areas and agreement options.The most common identified areas,protect sensitive areas result in less impervious surface,as well options are agreements between the Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68761 MS4 operator and another party such as flexibility to develop requirements that develop a program to address discharges post-development landowners(e.g., may be different for redevelopment resulting from new development and homeowners'associations,office park projects,and may also include redevelopment is essentially a pollution owners,other government departments allowances for alternate or off-site BMPs prevention measure.The Rule provides or entities),or regional authorities(e.g., at certain redevelopment projects.Non- the MS4 operator with flexibility to flood control districts,councils of structural BMPs may be the most determine the appropriate BMPs to government).These agreements appropriate approach for smaller address local water quality concerns. typically require the post-construction redevelopment projects. EPA recognizes that these program goals property owner to be responsible for the EPA received comments requesting may not be applied to every site,and O&M and may include conditions clarification on what is meant by"pre- expects that MS4s will develop an which:allow the MS4 operator to be development"conditions within the appropriate combination of BMPs to be reimbursed for O&M performed by the context of redevelopment.Pre- applied on a site-by-site,regional or MS4 operator that is the responsibility development refers to runoff conditions watershed basis. of the property owner but is not that exist onsite immediately before the vi.Pollution Prevention/Good performed;allow the MS4 operator to planned development activities occur. Housekeeping for Municipal enter the property for inspection Pre-development is not intended to be Operations.Under today's final rule, purposes;and in some cases specify that interpreted as that period before any operators of MS4s must develop and the property owner submit periodic human-induced land disturbance implement an operation and reports. activity has occurred. maintenance program("program")that In providing the guidance above,EPA EPA received comments on the includes a training component and has intends the requirements in today's rule guidance language in the proposed rule the ultimate goal of preventing or to be consistent with the permit and preamble which suggest that reducing storm water from municipal application requirements for large MS4s implementation of this measure should operations(in addition to those that for post-construction controls for new "attempt to maintain pre-development constitute storm water discharges development and redevelopment.MS4 runoff conditions"and that"post- associated with industrial activity).This operators have significant flexibility development conditions should not be measure's emphasis on proper O&M of both to develop this measure as different than pre-development MS4s and employee training,as appropriate to address local concerns, conditions in a way that adversely opposed to requiring the MS4 to and to apply new control technologies affects water quality."Many comments undertake major new activities,is meant as they become available. Storm water expressed concern that maintaining pre- to ensure that municipal activities are pollution control technologies are development runoff conditions is performed in the most efficient way to constantly being improved.EPA impossible and cost-prohibitive,and minimize contamination of storm water recommends that MS4s be responsive to objected to any reference to"flow"or discharges. these changes,developments or increase in volume of runoff. Other The program must include improvements in control technologies. comments support the inclusion of this government employee training that EPA will provide more detailed language in the final rule. Similar addresses prevention measures guidance addressing the responsibility references in today's rule relating to pre- pertaining to municipal operations such for long-term O&M of storm water development runoff conditions are as:parks,golf courses and open space controls in guidance materials.The intended as recommendations to maintenance;fleet maintenance;new guidance will also provide information attempt to maintain pre-development construction or land disturbance; on appropriate planning considerations, runoff conditions.With these building oversight;planning;and storm structural controls and non-structural recommendations,EPA intends to water system maintenance.The program controls.EPA also intends to develop a prevent water quality impacts resulting can use existing storm water pollution broad menu of BMPs as guidance to from increased discharges of pollutants, prevention training materials provided ensure flexibility to accommodate local which may result from increased by the State,Tribe,EPA,or conditions. volume of runoff.In many cases, environmental,public interest,or trade EPA received comments suggesting consideration of the increased flow rate, organizations. that requirements for new development velocity and energy of storm water EPA also encourages operators of be treated separately from discharges following development MS4s to consider the following in redevelopment in the rule.The unavoidably must be taken into developing a program: (1)Implement comment stressed that new consideration in order to reduce the maintenance activities,maintenance development on raw land presents discharge of pollutants,to meet water schedules,and long-term inspection fewer obstacles and more opportunities quality standards and to prevent procedures for structural and non- to incorporate elements for preventing degradation of receiving streams.EPA structural storm water controls to water quality impacts,whereas recommends that municipalities reduce floatables and other pollutants redevelopment projects are constrained consider these factors when developing discharged from the separate storm by space limitations and existing their post-construction storm water sewers;(2)implement controls for infrastructure.Another comment management program. reducing or eliminating the discharge of suggested allowing waivers from the Some comments said that the quoted pollutants from streets,roads,highways, redevelopment requirements if the phrases in the paragraph above are municipal parking lots,maintenance redevelopment does not result in directives that imply federal land use and storage yards,waste transfer additional adverse water quality control,which they argue is beyond the stations,fleet or maintenance shops impacts,and where BMPs are not authority of the CWA.EPA recognizes with outdoor storage areas,and salt/ technologically or economically that land use planning is within the sand storage locations and snow feasible.EPA recognizes that authority of local governments. disposal areas operated by the MS4; (3) redevelopment projects may have more EPA disagrees,however,with the adopt procedures for the proper site constraints which narrow the range implication that today's rule dictates disposal of waste removed from the of appropriate BMPs.Today's rule any such land use decisions.The separate storm sewer systems and areas provides small MS4 operators with the requirement for small MS4 operators to listed above in(2),including dredge 68762 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations spoil,accumulated sediments, locations and snow disposal areas i.Best Management Practices and floatables,and other debris;and(4) operated by the municipality.EPA Measurable Goals,Section 122.34(d)of adopt procedures to ensure that new disagrees that a requirement to consider today's rule requires the operator of a flood management projects are assessed such controls will impose considerable regulated small MS4 that wishes to for impacts on water quality and costs. implement a program under§122.34 to existing projects are assessed for One commenter objected to the identify and submit to the NPDES incorporation of additional water preamble language from the proposal permitting authority a list of the best quality protection devices or practices. suggesting that EPA does not expect the management practices("BMPs")that Ultimately,the effective performance of MS4 to undertake new activity.While it will be implemented for each minimum the program measure depends on the remains the Agency's expectation that control measure in their storm water proper maintenance of the BMPs,both major new activity will not be required, management program.They also must structural and non-structural.Without the MEP process should drive MS4s to submit measurable goals for the proper maintenance,BMP performance incorporate the measure's obligations development and implementation of declines significantly over time. into their existing programs to achieve each BMP.The BMPs and the Additionally,BMP neglect may produce the pollutant reductions to the measurable goals must be included health and safety threats,such as maximum extent practicable. either in an NOI to be covered under a structural failure leading to flooding, Certain commenters requested a general permit or in an individual undesirable animal and insect breeding, definition for"municipal operations." permit application. and odors.Maintenance of structural The operator's submission must EPA has revised the language to more BMPs could include:replacing upper clearly define municipal operations. identify,as appropriate,the months and levels of gravel;dredging of detention years in which the operator will ponds;and repairing of retention basin Questions may remain concerning undertake actions required to whether discharges from specific outlet structure integrity.Maintenance municipal activities constitute implement each of the minimum control of non-structural BMPs could include discharges associated with industrial measures,including interim milestones updating educational materials activities(requiring NPDES permit and the frequency of periodic actions. periodically. authorization according to the The Agency revised references to EPA emphasizes that programs should requirements for industrial storm water "starting and completing"actions from identify and incorporate existing storm that apply in that State)or from the proposed rule because many actions water practices and training,as well as municipal operations (subject only to will be repetitive or ongoing.The non-storm water practices or programs the controls developed in the MS4 submission also must identify the that have storm water pollution person or persons responsible for prevention benefits,as a means to avoid control program).Even though there implementing or coordinating the small duplication of efforts and reduce overall may be different substantive MS4 storm water program.See costs.EPA recommends that MS4s requirements that apply depending on §122.34(d).The submitted BMPs and incorporate these new obligations into the source of the discharge,EPA has measurable goals become enforceable their existing programs to the greatest modified the deadlines for permit according to the terms of the permit. extent feasible and urges States to coverage so that all the regulated The first permit can allow the permittee evaluate MS4 programs with municipally owned and operated up to five years to fully implement the programmatic efficiency in mind.EPA sources become subject to permit storm water management program. designed this minimum control measure requirements on the same date.The Several commenters opposed making as a modified version of the permit deadline is the same for permit coverage the measurable goals enforceable permit application requirements for medium for this minimum measure as for permit conditions.Some suggested that a and large MS4s described at 40 CFR coverage for municipally owned/ permittee should be able to change its 122.26(d)(2)(iv),in order to provide operated industrial sources. goals so that BMPs that are not more flexibility for these smaller MS4s. c.Application Requirements functioning as intended can be replaced. Today's requirements provide for a EPA agrees that a permittee should be consistent approach to control An NPDES permit that authorizes the free to switch its BMPs and pollutants from O&M among medium, discharge from a regulated small MS4 corresponding goals to others that large,and regulated small MS4s, may take the form of either an accomplish the minimum measure or By properly implementing a program, individual permit issued to one or more measures.The permittee is required to operators of MS4s serve as a model for facilities as co-permittees or a general implement BMPs that address the the rest of the regulated community. permit that applies to a group of MS4s. minimum measures in§122.34(b).If the Furthermore,the establishment of a For reasons of administrative efficiency permittee determines that its original long-term program could result in cost and to reduce the paperwork burden on combination of BMPs are not adequate savings by minimizing possible damage permittees,EPA expects that most to achieve the objectives of the to the system from floatables and other discharges from regulated small MS4s municipal program,the MS4 should debris and,consequently,reducing the will be authorized under general revise its program to implement BMPs need for repairs. permits.These NPDES general permits that are adequate and submit to the EPA received comments requesting will provide specific instructions on permitting authority a revised list of clarification of what this measure how to obtain coverage,including BMPs and measurable goals.EPA requires.Certain municipalities application requirements.Typically, suggests that permits describe the expressed concern that the measure has such application requirements will be process for revising BMPs and the potential to impose significant costs satisfied by the submission of a Notice measurable goals,such as whether the associated with EPA's requirement that of Intent(NOI)to be covered by the permittee should follow the same operators of MS4s consider general permit.In this section,EPA procedures as were required for the implementing controls for reducing or explains the small MS4 operator's submission of the original NOI and eliminating the discharge of pollutants application requirements for obtaining whether the permitting authority's from streets,roads,highways,municipal coverage under a NPDES permit for approval is necessary prior to the parking lots,and salt/sand storage storm water. permittee implementing the revised Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68763 BMPs.The permittee should indicate on made the measurable goals than those on the menu unless a State its periodic report whether any BMPs unenforceable if the menu of BMPs was restricts its permittees to specific BMPs. and measurable goals have been revised not available,but the proposal was To the extent possible,EPA will since the last periodic report. silent as to the enforceability of the develop a menu of BMPs that describes Some commenters expressed concern implementation of BMPs.Today's rule the appropriateness of BMPs to specific that making the measurable goals clarifies that the operators are not free regions,whether the BMPs have been enforceable would encourage the to do nothing prior to the issuance of a field-tested,and their approximate development of easily attained goals menu of BMPs;they still must make a costs.The menu,however,is not and,conversely,discourage the setting good faith effort to implement the BMPs intended to relieve permittees of the of ambitious goals.Others noted that it designed to comply with each measure. need to implement BMPs that are is often difficult to determine the See§122.34(d)(2).The operators would appropriate for their specific pollutant reduction that can be achieved not,however,be liable for failure to circumstances. by BMPs until several years after meet its measurable goals if a menu of If there are no known relevant BMPs implementation.Much of the opposition BMPs was not available at the time they for a specific circumstance,a permittee to the enforceability of measurable goals submit their NOI. has the option of developing and appears to have been based on a The proposed rule provision in implementing pilot BMPs that may be mistaken understanding that measurable §123.35 stated that the"[f)ailure to better suited to their circumstances. goals must consist of pollutant issue the menu of BMPs would not Where BMPs are experimental,the reduction targets to be achieved by the affect the legal status of the general permittee should consider committing corresponding BMPs. permit."This concept is included in the to measurable goals that address its Today's rule requires the operator to final rule in§122.34(d)(2)'s clarification schedule for implementing its selected submit either measurable goals that that the permittee still must comply BMPs rather than goals of achieving serve as BMP design objectives or goals with other requirements of the general specific pollutant reductions.If the that quantify the progress of permit. BMPs implemented by the permittee do implementation of the actions or Unlike the proposed rule,today's rule not achieve the desired objective,the performance of the permittee's BMPs.At does not require that each BMP in the permittee may be required to commit to a minimum,the required measurable menu developed by the State or EPA be different or revised BMPs. goals should describe specific actions regionally appropriate,cost-effective As stated in§123.35(g),EPA is taken by the permittee to implement and field-tested. Various commenters committed to issuing a menu of BMPs each BMP and the frequency and the criticized those criteria as unworkable, prior to the deadline for the issuance of dates for such actions.Although the and one described them as"ripe for permits.This menu would serve as operator may choose to do so,it is not ambiguity and abuse."Other guidance for all operators of regulated required to submit goals that measure commenters feared that the operators of small MS4s nationwide.After whether a BMP or combination of BMPs regulated small MS4s would never be developing the initial menu of BMPs, is effective in achieving a specific result required to achieve their goals until EPA intends to periodically modify, in terms of storm water discharge menus were developed that were cost- update,and supplement the menu of quality.For example,a measurable goal effective,field-tested and appropriate BMPs based on the assessments of the might involve a commitment to inspect for every conceivable subregion. MS4 storm water program and research. a given number of drainage areas of the While some municipal commenters States may rely on EPA's menu of BMPs collection system for illicit connections supported the requirement that a menu or issue their own.If States develop by a certain date.The measurable goal of BMPs be made available that their own menus,they would constitute need not commit to achieving a specific included BMPs that had been additional guidance(or perhaps amount of pollutant reduction through determined to be regionally appropriate, requirements in some States)for the the elimination of illicit connections. field-tested and cost-effective,others operators to follow. Several commenters Other measurable goals could include raised concerns that they would be were confused by the proposed rule the date by which public education restricted to a limited menu.Some language that stated that States must materials would be developed,a certain commenters supported such a detailed provide or issue a menu of BMPs and, percentage of the community menu because they thought they would if they fail to do so,EPA"may"do so. participating in a clean-up campaign, only be able to select BMPs that were on Some read this language as not requiring the development of a mechanism to the menu,while others thought that it either EPA or the State to develop the address construction site runoff,and a was the permitting authority's menu.EPA had intended that it would reduction in the percentage of responsibility to develop BMPs develop a menu and that States could imperviousness associated with new narrowly tailored to their situation.In either provide the EPA developed menu development projects. response,EPA notes that the operators or one developed by the State. To reduce the risk that permittees will will not be restricted to implementing EPA has dropped the proposed develop inadequate BMPs,EPA intends only,or all of,the BMPs included on the language that States"must"develop the to develop a menu of BMPs to assist the menu. Since the menu does not require menu of BMPs.Some commenters operators of regulated small MS4s with permittees to implement the BMPs thought that it was inappropriate to the development of municipal included on the menu,it is also not require States to issue guidance.A programs. States may also develop a necessary to apply the public notice and menu of BMPs issued by either EPA or menu of BMPs.Today's rule provides other procedures that some commenters a permittee's State will satisfy the that the measurable goals that thought should be applied to the condition in§122.34(d)that a demonstrate compliance with the development of the menu of BMPs. regulatory authority provide a menu of minimum control measures in§§122.34 The purpose of the BMP menu is to BMPs.A State could require its (b)(3)through(b)(6)do not have to be provide guidance to assist the operators permittees to follow its menu of BMPs met if the State or EPA has not issued of regulated small MS4s with the provided that they are adequate to a menu of BMPs at the time the MS4 development and refinement of their implement§122.34(b). submits its NOI.Commenters pointed local program,not to limit their options. Several commenters raised concerns out that the proposed rule would have Permittees may implement BMPs other that operators of small MS4s could be 68764 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations required to submit their BMPs and flexibility to allow more time.One understanding of the system and the measurable goals before EPA or the commenter suggested that five years is areas draining into the system. State has issued a menu of BMPs.EPA too long and would amount to a Commenters suggested that the has assumed primary responsibility for relaxation of implementation in their requirements of§122.21(f)are not developing a menu of BMPs to area.EPA believes it will take necessarily applicable to a small MS4. minimize the possibility of this considerable time to complete the tasks One suggested that it was not occurring.Should a general permit be of initially developing a program, appropriate to require the following issued before a menu of BMPs is commencing to implement it,and information:a description of the available,the permit writer would have achieving results.EPA notes,however, activities conducted by the applicant the option of delaying the date by which that full implementation of an which require it to obtain an NPDES the identification of the BMPs and appropriate program must occur as permit;the name,mailing address,and measurable goals must be submitted to expeditiously as possible,and not later location of the facility;and up to four the permitting authority until some time than five years. Standard Industrial Classification after a menu of BMPs is available. EPA solicited comment on how an ("SIC")codes which best reflect the Several municipal commenters raised NOI form might best be formatted to principal products or services provided concerns that they would begin to allow for measurable goal information by the facility.In response,EPA notes develop a program only to be later told (e.g.,through the use of check boxes or that the requirements in §122.21(f)are by the permitting authority or narrative descriptions)while taking into generic application requirements challenged in a citizen suit that their account the Agency's intention to applicable to NPDES applicants.With BMPs were inadequate.They expressed facilitate computer tracking.All the exception of the SIC code a need for certainty regarding what their commenters supported the development requirement,EPA believes that they are permit required. Several commenters of a checklist NOI,but most noted that applicable to MS4s.In the SIC code suggested that EPA require permitting there would need to be room for portion of the standard application,the authorities to approve or disapprove the additional information to cover unusual applicant may simply put"not submitted BMPs and measurable goals. situations.One noted that,while a applicable." EPA disagrees that formal approval or summary of measurable goals might be One commenter asked that EPA disapproval by the permitting authority reduced to one sheet,attachments that clarify whether§122.21(f)(5)'s is needed. more fully described the program and requirement to indicate"whether the EPA acknowledges that the lack of a the planned BMPs would be necessary. facility is located on Indian lands," formal approval process does place on EPA agrees that in most cases a referred to tribal lands,Indian country, the permittee some responsibility for "checklist"will not be able to capture or Indian reservations.For some local designing and determining the adequacy the information on what BMPs a governments this is a complex issue of its BMPs.Once the permittee has permittee intends to implement and its with no easy"yes"or"no"answer. See submitted its BMPs to the permitting measurable goals for their the discussion in the Section II.F in the authority as part of its NOI,it must implementation.EPA will continue to proposal to today's rule regarding what implement them in order to achieve the consider whether to develop a model tribal lands are subject to the federal corresponding measurable goals.EPA NOI form and make it available for trust responsibility for purposes of the does not believe that this results in the permitting authorities that choose to use NPDES program. uncertainty to the extent expressed by it.What will be required on an MS4's One commenter suggested that the some commenters or unduly expose the NOI,however,is more extensive than application should not have to list the permittee to the risk of citizen suit.If what is usually required on an NOI,so permits and approvals required under the permit is very specific regarding a"form"NOI for MS4s may be §122.21(f)(6).EPA notes that the what the permittee must do,then the impractical. applicant must only list the uncertainty is eliminated.If the permit ii.Individual Permit Application for o environmental permits that the is less prescriptive,the permittee has §122.34(b)program.In some cases,an applicant has received that cover the greater latitude in determining for itself operator of a regulated small MS4s may small MS4.The applicant is not what constitutes an adequate program. seek coverage under an individual required to list permits for other A citizen suit could impose liability on NPDES permit,either because it chooses operations conducted by the small MS4 the permittee only if the program that it to do so or because the NPDES operator(e.g.,for an operation of an develops and implements clearly does permitting authority has not made the airport or landfill).Again,in most cases not satisfy the requirements of the general permit option available to that the applicant could respond"not general permit.EPA believes today's source. For small MS4s that are to applicable"to this portion of the approach strikes a balance between the implement a§122.34(b)program in application. competing goals of providing certainty today's rule,EPA is promulgating One commenter suggested that the as to what constitutes an adequate simplified individual permit application topographic map requirement of program and providing flexibility to the requirements at§122.33(b)(2)(i). Under §122.21(f)(7)was completely different permittees. the simplified individual permit from,and significantly more onerous Commenters were divided on whether application requirements,the operator than,the mapping requirement outlined five years was a reasonable and submits an application to the NPDES in the proposed rule at§122.34(b)(3)(i). expeditious schedule for a MS4 to permitting authority that includes the EPA agrees and has modified the final implement its program.Some thought information required under§122.21(f) rule to clarify that a map that satisfies that it was an appropriate amount of and an estimate of square mileage the requirements of§122.34(b)(3)(i)also time to allow for the development and served by the small MS4.They are also satisfies the map requirements for MS4 implementation of adequate programs. required to supply the BMP and applicants seeking individual permits One questioned whether the permittee measurable goal information required under§122.33(b)(2)(i). had to be implementing all of its under§122.34(d).Consistent with CWA EPA is adding a new paragraph to program within that time,and suggested section 308 and analogous State law,the §122.44(k)to clarify that requirements that there may be cases where a permitting authority could request any to implement BMPs developed pursuant permitting authority would need additional information to gain a better to CWA 402(p)are appropriate permit Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68765 conditions.While such conditions pollution associated with urban storm of this rule,the permit will require the could be included under the existing water that will be regulated under municipality/storm sewer operator to provision in§122.44(k)(3)for"practices today's rule. develop a storm water control program. reasonably necessary to achieve effluent Some commenters specifically The rule specifies the components of the limitations and standards or to carry out objected that§122.34's minimum control program,which are primarily the purposes and intent of the CWA," measures for small MS4s violate the "management'-type controls,for EPA believes it is clearer to specifically Tenth Amendment insofar as they example,municipal regulation of third list in§122.44(k)BMPs that implement require the operators of MS4s to regulate party storm water discharges associated storm water programs in light of the third parties.The minimum measures with construction,as well as frequency with which they are used as include requirements for small MS4 development and redevelopment,when effluent limitations. operators to prohibit certain non-storm those discharges would enter the iii.Alternative Permit Options/Tenth water discharges,control storm water municipal system. Amendment.As an alternative to discharges from construction greater implementing a program that addresses than one acre,and take other actions to Unlike the circumstances reviewed in each of the six minimum measures control third party sources of storm the New York and Printz cases,today's according to the requirements of water discharges into their MS4s. rule merely applies a generally §122.34(b),today's rule provides the Commenters also argued that it was applicable requirement(the CWA operators of regulated small MS4s with inappropriate for EPA to require local permit requirement)to municipal point the option of applying for an individual governments to enact ordinances that sources.The CWA establishes a permit under existing§122.26(d). See will consume local revenues and put generally applicable requirement to §122.33(b)(2)(ii).If a system operator local governments in the position of obtain an NPDES permit to authorize does not want to be held accountable for bearing the political responsibility for point source discharge to waters of the implementation of each of the minimum implementing the program.One United States.Because municipalities measures,an individual permit option commenter argued that EPA was own and operate separate storm sewers, under§122.33(b)(2)(ii)remains prohibited from conditioning the including storm sewers into which third available. (As explained in the next issuance of an NPDES permit upon the parties may discharge pollutants, section of this preamble,§122.35(b)also small MS4 operators waiving their NPDES permits may require provides an opportunity for relief from constitutional right to be free from such municipalities to control the discharge permit obligations for some of the requirements to regulate third parties. of pollutants into the storm sewers in minimum measures,but that relief The Agency replies to each comment in the first instance.Because NPDES exists within the framework of the turn. permits can impose end-of-pipe minimum measures.) Because the rule does rely on local numeric effluent limits,narrative EPA originally drafted the individual governments—who operate municipal effluent limits in the form of permit application requirements in separate storm sewer systems—to "management"program requirements §122.26(d)to apply to medium and regulate discharges from third parties are also within the scope of Clean Water large MS4s.Today's rule abbreviates the into storm sewers,EPA acknowledges Act authority.As noted above,however, individual permit application that the rule implicates the Tenth EPA believes that such narrative requirements for small MS4s.Although Amendment and constitutional limitations are the most appropriate EPA believes that the storm water principles of federalism.EPA disagrees, form of effluent limitation for these management program requirements of however,that today's rule is types of permits.For municipal separate §122.34,including the minimum inconsistent with federalism principles. storm sewer permits,CWA section measures,provide the most appropriate [As political subdivisions of States, 402(p)(3)(B)(iii)specifically authorizes means to control pollutants from most municipalities enjoy the same "controls to reduce pollutants to the small MS4s,the Agency does recognize protections as States under the Tenth maximum extent practicable,including that the operators of some small MS4s Amendment.] management practices,control may prefer more individualized permit The Supreme Court has interpreted techniques and system,design and requirements.Among other possible the Tenth Amendment to preclude engineering methods,and such other reasons,an operator may seek to avoid federal actions that compel States or provisions as the Administrator or the having to"regulate"third parties their political subdivisions to enact or State determines appropriate for the discharging into the separate storm administer a federal regulatory program. control of such pollutants." sewer system.Alternatively,an operator See New York v. United States,505 U.S. The Agency did not design the may determine that structural controls, 144(1992);Printz v. United States, 117 minimum measures in§122.34 to such as constructed wetlands,are more S.Ct. 2365(1997).The Printz case, "commandeer"state regulatory appropriate or effective to address the however,did acknowledge that the mechanisms,but rather to reduce discharges that would otherwise be restriction does not apply when federal pollutant discharges from small MS4s. addressed under the construction and/ requirements of general applicability— The permit requirement in CWA section or development/redevelopment requirements that regulate all parties 402 is a requirement of general measures. engaging in a particular activity—do not applicability.The operator of a small Some MS4s commenters alleged that excessively interfere with the MS4 that does not prohibit and/or an absolute requirement to implement functioning of State governments when control discharges into its system the minimum measures violates the those requirements are applied to States essentially accepts"title"for those Tenth Amendment to the U.S. (or their political subdivisions). See discharges.At a minimum,by providing Constitution.While EPA disagrees that Printz, 117 S.Ct. at 2383. free and open access to the MS4s that requiring MS4s to implement the Today's rule imposes a federal convey discharges to the waters of the minimum measures would violate the requirement of general applicability, United States,the municipal storm Constitution,today's rule does provide namely,the requirement to obtain and sewer system enables water quality small MS4s with the option of comply with an NPDES permit,on impairment by third parties.Section developing more individualized municipalities that operate a municipal 122.34 requires the operator of a measures to reduce the pollutants and separate storm sewer system.By virtue regulated small MS4 to control a third 68766 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations party only to the extent that the MS4 extent practicable. See NRDC v.EPA, developing the small MS4's permit collection system receives pollutants 966 F.2d at 1308,n17.If determined conditions. from that third party and discharges it appropriate under CWA section Several operators of small MS4s to the waters of the United States.The 402(p)(3)(B)(iii),for example BMPs to commented that they currently lacked operators of regulated small MS4s meet water quality standards,the permit the authority they would need to cannot passively receive and discharge could also incorporate any more implement one or more of the minimum pollutants from third parties.The stringent or prescriptive effluent limits measures in§122.34(b).Today's rule Agency concedes that administration of based on the individual permit recognizes that the operators of some a municipal program will consume application information. small MS4s might not have the limited local revenues for For small MS4 operators seeking an authority under State law to implement implementation;but those individual permit,both Part 1 and Part one or more of the measures using,for consequences stem from the municipal 2 of the application requirements in example,an ordinance or other operator's identity as a permitted sewer §122.26(d)(1)and(2)are required to be regulatory mechanism.To address these system operator.The Tenth Amendment submitted within 3 years and 90 days of situations,each minimum measure in does not create a blanket municipal the date of publication of this Federal §122.34(b)that would require the small immunity from generally applicable Register notice. Some of the information MS4 operator to develop an ordinance requirements.Development of a required in Part 1 will necessarily have or other regulatory mechanism states program based on the minimum to be developed by the permit applicant that the operator is only required to measures and implementation of that prior to the development of Part 2 of the implement that requirement to"the program should not"excessively application.The permit applicant extent allowable under State,Tribal or interfere"with the functioning of should coordinate with its permitting local law."See§122.34(b)(3)(ii) (illicit municipal government,especially given authority regarding the timing of review discharge elimination),§122.34(b)(4)(ii) the"practicability"threshold under of the information. (construction runoff control)and CWA section 402(p)(3)(B)(iii). The operators of regulated small MS4s §122.34(b)(5)(ii) (post-construction As noted above,today's rule also that apply under§122.26(d)may apply storm water management).This allows regulated small MS4s to opt out to implement certain of the§122.34(b) regulatory language does not mean that of the minimum measures approach. minimum control measures,and thereby a operator of a small MS4 with The individual permit option provides focus the necessary evaluation for ordinance making authority can simply for greater flexibility in program additional limitations on alternative fail to pass an ordinance necessary for implementation and also responds to controls to the§122.34(b)measures that a§122.34(b)program.The reference to the comment about requiring a the small MS4 will not implement.The "the extent allowable under* * * local municipal permit applicant's waiver of permit writer may determine law"refers to the local laws of other any arguable constitutional rights.The "equivalency"for some or all of the political subdivisions to which the MS4 individual permit option responds to minimum measures by developing a operator is subject.Rather,a small MS4 questions about the rule's alleged rough estimate of the pollutant operator that seeks to implement a unconstitutionality by more specifically reduction that would be achieved if the program under section§122.34(b)may focusing on the pollutants discharged MS4 implemented the§122.34 omit a requirement to develop an from municipal point sources.Today's minimum measure and to incorporate ordinance or other regulatory rule gives operators of MS4s the option that pollutant reduction estimate in the mechanism only to the extent its to seek an individual permit that varies small MS4's individual permit as an municipal charter,State constitution or from the minimum measures/ effluent limitation.The Agency other legal authority prevents the management approach that is otherwise recognizes that,based on current operator from exercising the necessary specified in today's rule.Even if the information,any such estimates will authority.Where the operator cannot minimum measures approach was probably have a wide range. obtain the authority to implement any constitutionally suspect,a requirement Anticipation of this wide range is one of activity that is only required to"the that standing alone would violate the reasons EPA believes MS4 operators extent allowable under State,Tribal or constitutional principles of federalism need flexibility in determining the mix local law,"the operator may satisfy does not raise concerns if the entity of BMPs(under the minimum measures) today's rule by administering the subject to the requirement may opt for to achieve water quality objectives. remaining§122.34(b)requirements. an alternative action that does not raise Therefore,for example,if a system Finally,although today's rule a federalism issue. operator seeks to employ an alternative provides operators of small MS4s with For municipal system operators who that involves structural controls,wide an option of applying for a permit under seek to avoid third party regulation ranges will probably be associated with §122.26(d),States authorized to according to all or some of the gross pollutant reduction estimates. administer the NPDES program are not minimum measures,§122.26(d) Permit writers will undoubtedly required to provide this option.NPDES- requires the operator to submit a develop other ways to ensure that authorized States could require all narrative description of its storm water permit limits ensure reduction of regulated small MS4s to be permitted sewer system and any existing storm pollutants to the maximum extent under the minimum measures water control program,as well as the practicable. management approach in§122.34 as a monitoring data to enable the permit Small MS4 operators that pursue this matter of State law. Such an approach writer to develop appropriate permit individual permit option do not need to would be deemed to be equally or more conditions.The permit writer can then submit details about their future stringent than what is required by develop permit conditions and program requirements(e.g.,the MS4's today's rule. See 40 CFR 123.2(i).The limitations that vary from the six future plans to obtain legal authority federalism concerns discussed above do minimum measures prescribed in required by§§122.26(d)(1)(ii)and not apply to requirements imposed by a today's rule.The information will (d)(2)).A small MS4 operator might State on its political subdivisions. enable the permit writer to develop an elect to supply such information if it iv.Satisfaction of Minimum Measure NPDES permit that will result in intends for the permit writer to take Obligations by Another Entity.An pollutant reduction to the maximum those plans into account when operator of a regulated small MS4 may Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68767 satisfy the requirement to implement stated that,even if the third party's MS4 operator to implement the one or more of the six minimum responsibility is recognized in the measure. measures in§122.34(b)by having a permit,the MS4 operator-permittee EPA notes that not every State third party implement the measure or remained responsible for performance if program that addresses erosion and measures.Today's rule provides a the third party failed to perform the sediment control from construction sites variety of means for small MS4 measure consistent with§122.34(b). will be adequate to satisfy the operators to share responsibility for Under today's rule,the operator- requirement that each regulated small different aspects of their storm water permittee is relieved from responsibility MS4 have a program to the extent management program.The means by for performance of a measure if the third required by§122.34(b)(4).For example, which the operators of various MS4s party is an NPDES permittee whose although all NPDES States are required share responsibility may affect who is permit makes it responsible for to issue NPDES permits for construction ultimately responsible for performance performance of the measure(including, activity that disturbs greater than one of the minimum measure and who files for example,a State agency other than acre,the State's NPDES permit program the periodic reports on the the State agency that issues NPDES will not necessarily be extensive enough implementation of the minimum permits)or if the third party is the to satisfy a regulated small MS4's measure. Section 122.35 addresses these NPDES permitting authority itself obligation under§122.34(b)(4).NPDES issues.The rule describes two different Because the permitting authority is States will not necessarily be variants on third party implementation acknowledging the third party's implementing all of the required with different consequences if the third responsibility in the permit, elements of that minimum measure, party fails to implement the measure. commenters thought that the MS4 such as procedures for site plan review If the permit covering the discharge operator-permittee should not be in each jurisdiction required to develop from a regulated small MS4 identifies responsible for ensuring that the other a program and procedures for receipt the operator as the entity responsible for entity is implementing the control and consideration of information a particular minimum control measure, measure properly.EPA agrees that the submitted by the public on individual then the operator-permittee remains operator-permittee should not be construction sites.In order for a State responsible for the implementation of conditionally responsible when the erosion and sediment control program that measure even if another entity has requirements are enforceable against to satisfy a small MS4 operator's agreed to implement the control some other NPDES permittee. If the obligation to implement§122.34(b)(4), measure.Section 122.35(a).Another third party fails to perform the the State program would have to party may satisfy the operator- minimum measure,the requirements include all of the elements of that permittee's responsibility by will be enforceable against the third minimum measure. implementing the minimum control party.In addition,the NPDES Where the operator-permittee is itself measure in a manner at least as stringent permitting authority could reopen the performing one or more of the minimum or prescriptive as the corresponding operator g authority permit under measures,the operator-permittee NPDES permit requirement.If the third §122.62 and modify the permit e make remains responsible for all of the party fails to do so,the operator reporting requirements under the operator responsible for permittee remains responsible for its implementing the measure.A new §122.34(f)(3).The operator-permittee's performance.The operator of the MS4 paragraph has been added to§122.62 to reports should identify each entity that should consider entering into an clarify that the permit may be reopened is performing the control measures agreement with the third party that in such circumstances within the geographic jurisdiction of the acknowledges the responsibility to . regulated small MS4.If the other entity implement the minimum measure.The Today's rule also provides that the also operates a regulated MS4 and files operator-permittee's NOI and its annual operator-permittee is not conditionally reports on the progress of §122.34(f)(3)reports submitted to the responsible where it is the State NPDES implementation of the measures within NPDES permitting authority must permitting authority itself that fails to the geographic jurisdiction of the MS4, identify the third party that is satisfying implement the measure.The permitting then the operator-permittee need not one or more of the permit obligations. authority does not need to issue a include that same information in its This requirement ensures that the permit to itself(i.e.,to the same State own reports. permitting authority is aware which agency that issues the permit) for the If the other entity operates a regulated entity is supposed to implement which sole purpose of relieving the small MS4 MS4 and is performing all of the minimum measures. from responsibility in the event the minimum measures for the permittee, If,on the other hand,the regulated State agency does not satisfy its the permittee is not required to file the small MS4's permit recognizes that an obligation to implement a measure.EPA reports required by§122.34(f)(3). This NPDES permittee other than the does not believe that the small MS4 relief from reporting is specified in operator-permittee is responsible for a should be responsible in the situation §122.35(a). particular minimum control measure, where the NPDES permit issued to the Section 122.35 addresses the concerns then the operator-permittee is relieved small MS4 operator recognizes that the of some commenters who sought relief from the responsibility for State agency that issues the permit is for governmental facilities that are implementing that measure.The responsible for implementing a classified as small MS4s under today's operator-permittee is also relieved from measure.If the State does fail to rule.These facilities frequently the responsibility for implementing any implement the measure,the State discharge storm water through another measure that the operator's permit agency could be held accountable for its regulated MS4 and could be regulated indicates will be performed by the commitment in the permit to implement by that MS4's program. For example,a NPDES permitting authority. Section the measure.Where the State does not State owned office complex that 122.35(b).The MS4 operator-permittee fulfill its responsibility to implement a operates its storm sewer system in an would be responsible for implementing measure,a citizen also could petition urbanized area will be regulated as an the remaining minimum measures. for withdrawal of the State's NPDES MS4 under today's rule even though its Today's final rule differs from the program or it could petition to have the system may be subject to the storm proposed version of§122.35(b),which MS4's permit reopened to require the water controls of the municipality in 68768 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations which it is located.Today's rule work out the need for such data.If applicable permit rather than the permit specifically revised the definition of necessary,the downstream MS4s might condition requirements of§122.34 of MS4 to recognize that different levels of want to make such data a condition to today's rule.The regulated small MS4 government often operate MS4s and that allowing the upstream MS4 to connect that wishes to be a co-permittee must each such separate entity(including the to its system. comply with the applicable federal government)should be v.Joint Permit Programs.Many requirements of§122.26(d),but would responsible for its discharges.If both commenters supported allowing the not be required to fulfill all the permit MS4s agree,the downstream MS4 can operators of small MS4s to apply as co- application requirements applicable to develop a storm water management permittees so they each would not have medium and large MS4s. Specifically, program that regulates the discharge to develop their own storm water the regulated small MS4 is not required from both MS4s.The upstream small management program.Today's rule to comply with the application MS4 operator still must submit an NOI specifically allows regulated small requirements of§122.26(d)(1)(iii) that identifies the entity on which the MS4s to join with either other small (Part 1 source identification), §122.26 upstream small MS4 operator is relying MS4s regulated under§122.34(d) or (d)(1)(iv) (Part 1 discharge to satisfy its permit obligations.No with medium and large MS4s regulated characterization),and§122.26(d)(2)(iii) reports are required from the upstream under§122.26(d). (Part 2 discharge characterization data). small MS4 operator,but the upstream As is discussed in the previous Furthermore,the regulated small MS4 operator must remain in compliance section,regulated small MS4s may operator could satisfy the requirements with the downstream MS4 operator's indicate in their NOIs that another in§122.26(d)(1)(v) (Part 1 management storm water management program.This entity is performing one or more of its programs)and§122.26(d)(2)(iv) (Part 2 option allows small MS4s to work required minimum control measures. proposed management program)by together to develop one storm water Today's rule under§122.33(b)(1)also referring to the adjoining MS4 operator's management program that satisfies the specifically allows the operators of existing plan.An operator pursuing this permit obligations of both.If they regulated small MS4s to jointly submit option must describe in the permit cannot agree,the upstream small MS4 an NOI.The joint NOI must clearly modification request how the adjoining operator must develop its own program. indicate which entity is required to MS4's storm water program addresses or As mentioned previously,comments implement which control measure in needs to be supplemented in order to from federal facilities and State each geographic jurisdiction within the adequately address discharges from the organizations that operate MS4s service area of the entire small MS4. MS4.The request must also explain the requested that their permit requirements The operator of each regulated small role of the small MS4 operator in differ from those of MS4s that are MS4 remains responsible for the coordinating local storm water activities political subdivisions of States(cities, implementation of each minimum and describe the resources available to towns,counties,etc.).EPA measure for its MS4(unless,as is accomplish the storm water acknowledges that there are differences; discussed in the previous section above, management plan. e.g.,many federal and State facilities do the permit recognizes that another entity EPA sought comments regarding the not serve a resident population and thus is responsible for completing the appropriateness of the application might require a different approach to measure.)The joint NOI,therefore,is requirements in these subsections of public education.EPA believes, legally equivalent to each entity §122.26(d). One commenter stated that however,that MS4s owned by State and submitting its own NOI.EPA is, newly regulated smaller MS4s should federal governments can develop storm however,revising the rule language to not be required to meet the existing water management plans that address specifically authorize the joint regulations'Part II application the minimum measures.Federal and submission of NOIs in response to requirements under§122.26(d) State owned small MS4s may choose to comments that suggested that such regarding the control of storm water work with adjacent municipally owned explicit authorization might encourage discharges from industrial activity.EPA MS4s to develop a unified plan that programs to be coordinated on a disagrees.The smaller MS4 operators addresses all of the required measures watershed basis. designated for regulation in today's rule within the jurisdiction of all of the Section 122.33(b)(2)(iii)authorizes may satisfy this requirement by contiguous MS4s.The options in regulated small MS4s to jointly apply referencing the legal authority of the §122.35 minimize the burden on small for an individual permit to implement already regulated MS4 program to the MS4s that are covered by another MS4's today's rule,where allowed by an extent the newly regulated MS4 will program. NPDES permitting authority.The permit rely on such legal authority to satisfy its One commenter recommended that if application should contain sufficient permit requirements.If the smaller MS4 one MS4 discharges into a second MS4, information to allow the permitting operator plans to rely on its own legal the operator of the upstream MS4 authority to allocate responsibility authorities,it must identify it in the should have to provide a copy of its NOI among the parties under one of the two application.If the smaller MS4 operator or permit application to the operator of permitting options in§§122.33(b)(2)(i) does not elect to use its own legal the receiving MS4.EPA did not adopt and(ii). authority,they may file an individual this recommendation because the NOI Section 122.33(b)(3)of today's rule permit application for an alternate and permit application will be publicly also allows an operator of a regulated program under§122.33(b)(2)(ii). available;but EPA does recommend that small MS4 to join as a co-permittee in The explanatory language in NPDES permitting authorities consider an existing NPDES permit issued to an §122.33(b)(3)recommends that the it as a possible permit requirement.The adjoining medium or large MS4 or smaller MS4s designated under today's commenter also suggested that source designated under the existing rule identify how an existing plan monitoring data should be collected by storm water program.This co-permittee "would need to be supplemented in the upstream MS4 and provided to the option applies only with the agreement order to adequately address your downstream MS4.EPA is not adopting of all co-permittees.Under this co- discharges."One commenter suggested such a uniform monitoring requirement permittee arrangement,the operator of that this must be regulatory language because EPA believes it is more the regulated small MS4 must comply and not guidance.EPA disagrees that appropriate to let the MS4 operators with the terms and conditions of the this needs to be mandatory language. Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68769 Since many of the smaller MS4s implementing portions of its§122.34(b) (Intergovernmental Task Force on designated today are"donut holes" minimum measures. Monitoring Water Quality. 1995. The within the geographic jurisdiction of an d.Evaluation and Assessment Strategy for Improving Water-Quality already regulated MS4,the larger MS4's Monitoring in the United States:Final program generally will be adequate to Under today's rule,operators of Report of the Intergovernmental Task address the newly regulated MS4's regulated small MS4s are required to Force on Monitoring Water Quality. discharges.The small MS4 applicant evaluate the appropriateness of their Copies can be obtained from:U.S. should consider the adequacy of the identified BMPs and progress toward Geological Survey,Reston,VA.). existing MS4's program to address the achieving their identified measurable EPA expects that many types of smaller MS4's water quality needs,but goals.The purpose of this evaluation is entities will have a role in supporting EPA is not imposing specific to determine whether or not the MS4 is group monitoring activities—including requirements.Where circumstances meeting the requirements of the federal agencies,State agencies,the suggest that the existing program is minimum control measures.The NPDES public,and various classes or categories inadequate with respect to the newly permitting authority is responsible for of point source dischargers. Some designated MS4 and the applicant does determining whether and what types of regulated small MS4s might be required not address the issue,the NPDES monitoring needs to be conducted and to contribute to such monitoring efforts. permitting authority must require that may require monitoring in accordance EPA expects,however,that their the existing program be supplemented. With State/Tribe monitoring plans participation in monitoring activities Commenters recommended that the appropriate to the watershed.EPA does will be relatively limited. For purposes application deadline for smaller MS4s not encourage requirements for"end-of- of today's rule,EPA recommends that, designated today be extended so that Pipe"monitoring for regulated small in general,NPDES permits for small existing regulated MS4s would not have MS4s.Rather,EPA encourages MS4s should not require the conduct of to modify their permit in the middle of permitting authorities to carefully any additional monitoring beyond their permit term,provided that permit examine existing ambient water quality monitoring that the small MS4 may be renewal would occur within a and assess data needs.Permitting already performing.In the second and reasonable time(12 to 18 months)of the authorities should consider a subsequent permit terms,EPA expects deadline.In response,EPA notes that combination of physical,chemical,and that some limited ambient monitoring today's rule allows operators of newly biological monitoring or the use of other might be appropriately required for designated small MS4s up to three years environmental indicators such as perhaps half of the regulated small and 90 days from the promulgation of exceedance frequencies of water quality MS4s.EPA expects that such today's rule to submit an application to standards,impacted dry weather flows, monitoring will only be done in be covered under the permit issued to and increased flooding frequency. identified locations for relatively few an already regulated MS4.The (Claytor,R. and W.Brown. 1996. pollutants of concern.EPA does not permitting authority has a reasonable Environmental Indicators to Assess anticipate"end-of-pipe"monitoring application Storm Water Control Programs and requirements for regulated small MS4s. time after receipt of the modify the existing permit include Practices.Center for Watershed EPA received a wide range of Protection,Silver Spring,MD.)Section comments on this section of the rule. the newly designated source. If an II.L.,Water Quality Issues,discusses Some commenters believe that EPA existing MS4's permit is up for renewal monitoring in greater detail. should require monitoring;others want in the near future,the operator of a As recommended by the a strong statement that the newly newly designated small MS4 may take Intergovernmental Task Force on regulated small MS4s should not be that into account when timing its Monitoring Water Quality(ITFM),the required to monitor.Many commenters application and the NPDES permitting NPDES permitting authority is raised questions about exactly what EPA authority may take that into account encouraged to consider the following expects MS4s to do to evaluate and when processing the application. watershed objectives in determining assess their BMPs.EPA has Another commenter suggested that monitoring requirements:(1)To intentionally written today's rule to the rule should include a provision to characterize water quality and provide flexibility to both MS4s and allow permit application requirements ecosystem health in a watershed over permitting authorities regarding for smaller MS4s designated today to be time,(2)to determine causes of existing appropriate evaluation and assessment. determined by the permitting authority and future water quality and ecosystem Permitting authorities can specify to account for the particular needs/ health problems in a watershed and monitoring or other means of evaluation wants of an already regulated MS4 develop a watershed management when writing permits.If additional operator.EPA does not believe that the program,(3)to assess progress of requirements are not specified,MS4s regulations should specifically require watershed management program or can decide what they believe is the most this approach.When negotiating effectiveness of pollution prevention appropriate way to evaluate their storm whether to include a newly designated and control practices,and(4)to support water management program.As MS4 in its program,the already documentation of compliance with mentioned above,EPA expects that the regulated MS4 operator may require the permit conditions and/or water quality necessity for monitoring and its extent newly designated MS4's operator to standards.With these objectives in may change from permit cycle to permit provide any information that is mind,the Agency encourages cycle.This is another reason for making necessary. participation in group monitoring the evaluation and assessment rule The co-permitting approach allows programs that can take advantage of requirements very flexible. small MS4s to take advantage of existing existing monitoring programs i.Recordkeeping.The NPDES programs to ease the burden of creating undertaken by a variety of governmental permitting authority is required to their own programs.The operators of and nongovernental entities.Many include at least the minimum regulated small MS4s,however,may States may already have a monitoring appropriate recordkeeping conditions in find it simpler to apply for a program program in effect on a watershed basis. each permit.Additionally,the NPDES under today's rule,and to identify the The ITFM report is included in the permitting authority can specify that medium or large MS4 operator that is docket for today's rule permittees develop,maintain,and/or 68770 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations submit other records to determine The NPDES permitting authority is form of effluent limitations to satisfy compliance with permit conditions.The encouraged to provide a brief two-page technology requirements and water MS4 operator must keep these records reporting format to facilitate compiling quality-based requirements in MS4 for at least 3 years but is not required and analyzing the data from submitted permits(see the introduction to Section to submit records to the NPDES reports.EPA does not believe that II.H.3,Municipal Permit Requirements, permitting authority unless specifically submittal of a brief annual report of this Section II.H.31,Reevaluation of Rule, directed to do so.The MS4 operator nature is overly burdensome,and has and the discussion of the Interim must make the records,including the not changed the required reporting time Permitting Policy in Section II.L.1. storm water management program, frame from the proposal.The permitting below). available to the public at reasonable authority will use the reports in f.Enforceability times during regular business hours (see evaluating compliance with permit 40 CFR 122.7 for confidentiality conditions and,where necessary,will NPDES permits are federally provision).The MS4 operator is also modify the permit conditions to address enforceable.Violators may be subject to able to assess a reasonable charge for changed conditions. the enforcement actions and penalties copying and to establish advance notice iii.Permit-As-A-Shield.Section described in CWA sections 309,504, requirements for members of the public. 122.36 describes the scope of and 505 or under similar water EPA received a comment that authorization(i.e. "permit-as-a-shield") pollution enforcement provisions of questioned EPA's authority to require under an NPDES permit as provided by State,tribal or local law.Compliance MS4s to make their records available to section 402(k)of the CWA.Section with a permit issued pursuant to section the public.EPA disagrees with the 402(k)provides that compliance with an 402 of the Clean Water Act is deemed commenter and believes that the CWA NPDES permit is deemed compliance, compliance,for purposes of sections does give EPA the authority to require for purposes of enforcement under CWA 309 and 505,with sections 301,302, that MS4 records be available.It is also sections 309 and 505,with CWA 306, 307,and 403 (except any standard more practical for the public to request sections 301,302,306,307,and 403, imposed under section 307 for toxic records directly from the MS4 than to except for any standard imposed under pollutants injurious to human health). request them from EPA who would then section 307 for toxic pollutants g.Deadlines make the request to the MS4.Based on injurious to human health. comments,EPA revised the proposed EPA's Policy Statement on Scope of Today's final rule includes rule so as not to limit the time for Discharge Authorization and Shield "expeditious deadlines"as directed by advance notice requirements to 2 Associated with NPDES Permits, CWA section 402(p)(6).In proposed business days. originally issued on July 1,1994,and §122.26(e),the permit application for ii.Reporting.Under today's rule,the revised on April 11,1995,provides the"ISTEA"facilities was maintained operator of a regulated small MS4 is additional information on this matter. as August 7,2001 and the permit required to submit annual reports to the application deadline for storm water e.Other Applicable NPDES discharges associated with other NPDES permitting authority for the first g permit term.For subsequent permit Requirements construction activity was established as terms,the MS4 operator must submit Any NPDES permit issued to an 3 years and 90 days from the final rule reports in years 2 and 4 unless the operator of a regulated small MS4 must date.In proposed§122.33(c)(1), NPDES permitting authority requires also include other applicable NPDES operators of regulated small MS4s were more frequent reports.EPA received permit requirements and standard required to seek permit coverage within several comments supporting this conditions,specifically the applicable 3 years and 90 days from the date of timing for report submittal.Other requirements and conditions at 40 CFR publication of the final rule.In commenters suggested that annual 122.41 through 122.49.Reporting proposed§122.33(c)(2),operators of reports during the first permit cycle are requirements for regulated small MS4s regulated small MS4s designated by the too burdensome and not necessary.EPA are governed by§122.34 and not the NPDES permitting authority on a local believes that annual reports are needed existing requirements for medium and basis under§122.32(a)(2)must seek during the first 5-year permit term to large MS4s at§122.42(c).In addition, coverage under an NPDES permit within help permitting authorities track and the NPDES permitting authority is 60 days of notice,unless the NPDES assess the development of MS4 encouraged to consult the Interim permitting authority specifies a later programs,which should be established Permitting Approach,issued on August date, by the end of the initial term. 1, 1996.The discussion on the Interim In order to increase the clarity of Information contained in these reports Permitting Approach in Section II.L.1, today's final rule,EPA has changed the can also be used to respond to public Water Quality Based Effluent Limits, location of some of the above inquiries. provides more information.The requirements.All application deadlines The report must include(1)the status provisions of§§122.41 through 122.49 for both Phase I and Phase II are now of compliance with permit conditions, establish permit conditions and listed or referenced in§122.26(e). an assessment of the appropriateness of limitations that are broadly applicable Section 122.26(e)(1)contains the identified BMPs and progress toward to the entire range of NPDES permits. deadlines for storm water associated achieving measurable goals for each of These provisions should be interpreted with industrial activity.Paragraph(i) the minimum control measures,(2) in a manner that is consistent with has been changed to correct a results of information collected and provisions that address specific classes typographical error.Paragraph(ii)has analyzed,including monitoring data,if or categories of discharges.For example, been revised to reflect the changed any,during the reporting period,(3)a §122.44(d)is a general requirement that application date for"ISTEA"facilities. summary of what storm water activities each NPDES permit shall include (See discussion in section 1.3,ISTEA the permittee plans to undertake during conditions to meet water quality Sources).The application deadline for the next reporting cycle,and(4)a standards.This requirement will be met storm water discharges associated with change in any identified measurable by the specific approach outlined in other construction activity is now in a goal(s)that apply to the program today's rule for the implementation of new§122.26(e)(8).The application elements. BMPs.BMPs are the most appropriate deadline for regulated small MS4s Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68771 remains in§122.33(c)because this was within 60 days of notice.Many enough data to significantly evaluate the section is written in"readable commenters stated that 60 days does not rule.The re-evaluation time frame of 13 regulation"format,but it is also provide adequate time for the years from today remains as proposed. described in a new§122.26(e)(9). preparation of an NOI or permit L Other Designated Storm Water Under today's rule,permitting application.EPA agrees that newly Discharges authorities are allowed up to 3 years to designated MS4s may not be aware that issue a general permit and MS4s they might be designated since the 1.Discharges Associated with Small designated under§122.32(a)(1)are permitting authority could take several Construction Activity allowed up to 3 years and 90 days to years to develop designation criteria. Section 122.26(b)(15)of today's rule submit a permit application.Operators EPA has decided that the application designates certain construction of regulated small MS4s that choose to time frame for these facilities should be activities for regulation as"storm water be a co-permittee with an adjoining MS4 consistent with the 180 days allowed for discharges associated with small with an existing NPDES storm water facilities designated under construction activity."Specifically, permit must apply for a modification of §§122.26(a)(9)(i)(C)and(D).Section storm water discharges from that permit within the same time frame. 122.33(c)(2)of today's final rule construction activity equal to or greater Several commenters stated that 90 days contains the modified time frame of 180 than 1 acre and less than 5 acres are was not adequate time to submit an days to apply for coverage. automatically designated except This might be true storm water circumstances were e opin not start developing their facilities did h.Reevaluation of Rule those circumsth the operator not program until publication of their The municipal caucus of the Storm (i.e.,person responsible for discharges general permit.In fact,municipalities Water Phase II FACA Subcommittee that might occur)certifies to the should start developing their storm asked EPA to demonstrate its permitting authority that one of two water program upon publication of commitment to revisit the municipal specific waiver circumstances today's final rule,if they have not requirements of today's rule and make (described in section b.below)applies. already done so.Municipalities that are changes where necessary after Sites below one acre may be designated uncertain if they fall within the evaluating the storm water program and under§122.26(b)(15)(ii)where urbanized area should ask their researching the effectiveness of necessary to protect water quality. permitting authority.EPA believes that municipal BMPs.In§122.37 of today's Today's rule regulates these municipalities should not automatically final rule,EPA commits to revisiting the construction-related storm water take three years and 90 days to develop regulations for the municipal storm sources under CWA section 402(p)(6)to a program and submit their NOI.Three water discharge control program after protect water quality rather than under years is the maximum amount of time completion of the first two permit terms. CWA section 402(p)(2).Designation to issue a general permit.MS4s that are EPA intends to use this time to work under 402(p)(6)gives States and EPA automatically designated under today's closely with stakeholders on research the flexibility to waive the permit rule may have less than 3 years and 90 efforts.Gathering and analyzing data requirement for construction activity days if the permitting authority issues a related to the storm water program, that is not likely to impair water quality, permit that requires submission of NOIs including data regarding the and to designate additional sources before that time.EPA encourages States effectiveness of BMPs,is critical to below one acre that are likely to cause to modify their NPDES program to EPA's storm water program evaluation. water quality impairment.Thus,the one include storm water and issue their EPA does not intend to change today's acre threshold of today's rule is not an permits as soon as possible. It is NPDES municipal storm water program absolute threshold like the five acre important for permitting authorities to until the end of this period,except threshold that applies under the existing keep their municipalities informed of under the following circumstances:a storm water rule. their progress in developing or court decision requires changes;a Today's rule regulating certain storm modifying their NPDES storm water technical change is necessary for water discharges from construction requirements. implementation;or the CWA is activity disturbing less than 5 acres is EPA recognizes that MS4s brought modified,thereby requiring changes consistent with the 9th Circuit remand into the program due to the 2000 Census After careful analysis,EPA might also in NRDC v.EPA,966 F.2d 1292 (9th Cir. calculations do not have as much time consider changes from consensus-based 1992)•In that case,the court remanded to develop a program as those already stakeholder requests regarding portions of the existing storm water designated from the 1990 Census. requirements applicable to newly regulations related to discharges from However,the official Bureau of the regulated MS4s.EPA will apply the construction sites.The existing Phase I Census urbanized area calculation for August 1, 1996,Interim Permitting regulations define"storm water the 2000 Census is expected to be Approach to today's program during discharges associated with industrial published in the Federal Register in the this interim period and encourages all activity"to include storm water spring of 2002,which should give the permitting authorities to use this discharges from construction sites potentially affected MS4s adequate time approach in municipal storm water disturbing 5 acres or more of total land to prepare for compliance under the permits for newly regulated MS4s and area(see 40 CFR 122.26(b)(14)(x)).In its applicable permit. However,if the in determining MS4 permit decision,the court concluded that the 5- publication of this information is requirements under a TMDL approach. acre threshold was improper because delayed,MS4s in newly designated After careful consideration of the data, the Agency had failed to identify urbanized areas will have 180 days from EPA will make modifications as information"to support its perception the time the new designations are necessary. that construction activities on less than published to submit an NOI,consistent EPA received comments that 5 acres are non-industrial in nature" with the time frame for other regulated supported waiting two permit cycles (966 F.2d at 1306).The court remanded MS4s that are designated after before re-evaluating the rule and other the exemption to EPA for further promulgation of the rule. comments that requested re-evaluation proceedings(966 F.2d at 1310).EPA's The proposed application deadline for much sooner.EPA anticipates two full objectives in today's action include an MS4s designated under§122.32(a)(2) permit cycles are necessary to obtain effort to(1)address the 9th Circuit 68772 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations remand to reconsider regulation of waters of the United States through a construction activity is a significant storm water discharges from discernible,confined,discrete water quality problem nationwide. construction activities that disturb less conveyance. "Sheet flow"runoff from a Section I.B.3,Construction Site Runoff, than 5 acres of land,(2)address water small construction site would not result provides a detailed discussion of quality concerns associated with such in a point source discharge unless and adverse water quality impacts resulting activities,and(3)balance conflicting until it channelized.As the amount of from construction site storm water recommendations and concerns of disturbed land surface decreases, discharges.EPA is regulating storm stakeholders in the regulation of precipitation is less likely to channelize water discharges from construction additional construction activity. and create a"point source"discharge activity disturbing between 1 and 5 EPA responded to the Ninth Circuit's (assuming the absence of steep slopes or acres because the cumulative impact of decision by designating discharges from other factors that lead to increased many sources,and not just a single construction activities that disturb channelization).Categorical designation identified source,is typically the cause between 1 and 5 acres as"discharges of very small sites may create confusion for water quality impairments, associated with small construction about applicability of the NPDES particularly for sediment-related water activity"under CWA section 402(p)(6), permitting program to those sites.EPA's quality standards. rather than as"discharges associated one acre threshold reflects,in part,the Several commenters requested that with industrial activity"under CWA need to recognize that smaller sites are EPA regulate discharges from small section 402(p)(2)(B).Although a size less likely to result in point source construction activity as"discharges criterion alone may be an indicator of discharges.Of course,the NPDES associated with industrial activity" whether runoff from construction sites permitting authority could designate under CWA 402(p)(4)and not,as between 1 and 5 acres is"associated smaller sites(below one acre,assuming proposed,as "storm water discharges with industrial activity,"the Agency is point source discharges occur from the associated with other activity"under instead relying on a size threshold in smaller designated sites)for regulation CWA 402(p)(6).EPA is regulating tandem with provisions that allow for if a watershed or other local assessment discharges from small construction sites designations and waivers based on indicated the need to do so.The Phase as"small construction activity"under potential for"predicted water quality II rule includes this designation the authority of CWA section 402(p)(6), impairments"to regulate construction authority at 40 CFR 122.26(a)(9)(i)(D) rather than section 402(p)(4),to ensure sites between 1 and 5 acres under CWA and(b)(15)(ii). that regulation of these sources is water section 402(p)(6).This approach was The one acre threshold also provides quality-sensitive.CWA section 402(p)(6) chosen by the Agency for the sake of an administrative tool for more easily affords the opportunity for designations simplicity and certainty and,most identifying those sites that are identified and waivers of sources based on importantly,to protect water quality for coverage by the rule(but may receive potential for"predicted water quality consistent with the mandate of CWA a waiver)and those that are not impairments."Regulation of storm section 402(p)(6).Today's rule also automatically covered(but may be water"associated with industrial includes extended application deadlines designated for inclusion).Although all activity"does not necessarily focus for this new category of dischargers construction sites less than five acres regulation to protect water quality. under the authority of CWA section could have a significant water quality a.Scope 402(p)(6)(see§122.26(e)(8)of today's impact cumulatively,EPA is rule). automatically designating for permit The definition of"storm water In today's rule,EPA is regulating coverage only those storm water discharges associated with small storm water discharges from additional discharges from construction sites that construction activity"includes construction sites to better protect the disturb land equal to or greater than one discharges from construction activities, Nation's waters,while remaining acre.Categorical regulation of such as clearing,grading,and sensitive to a concern that the Agency discharges from construction below this excavating activities,that result in the should not regulate discharges from one acre threshold would overwhelm disturbance of equal to or greater than construction sites that might not or do the resources of permitting authorities 1 acre and less than 5 acres(see not have adverse water quality impacts. and might not yield corresponding §122.26(b)(15)(i)).Such activities could EPA believes that today's rule will water quality benefits.Construction include:road building;construction of successfully accomplish this objective activities that disturb less than one acre residential houses,office buildings,or by establishing a 1-acre threshold make up,in total,a very small industrial buildings;or demolition nationwide that includes the flexibility percentage of the total land disturbance activity.The definition of"storm water to allow the permitting authority to both from construction nationwide.The one discharges associated with small waive requirements for discharges from acre threshold is reasonable for construction activity"also includes any sites that are not expected to cause accomplishing the water quality goals of other construction activity,regardless of adverse water quality impacts and to CWA section 402(p)(6)because it results size,designated based on the potential designate discharges from sites below 1- in 97.5% of the total acreage disturbed for contribution to a violation of a water acre based on adverse water quality by construction being designated for I quality standard or for significant impacts. coverage by the NPDES storm water contribution of pollutants to waters of In addition to the diminishing water program,while excluding from the United States(§122.26(b)(15)(ii)). quality benefits of regulating all sites automatic coverage the numerous This designation is made by the below one acre,the Agency relied on smaller sites that represent 24.7% of the Director,or in States with approved practical considerations in establishing total number of construction sites. NPDES programs,either the Director or a one acre threshold and not setting a Some commenters believed that EPA the EPA Regional Administrator. lower threshold.Regardless of the has not adequately identified water For the purposes of today's rule,the threshold established by EPA,a NPDES quality problems associated with storm definition of"storm water discharges permit can only be required if a water discharges from construction associated with small construction construction site has a point source activity disturbing less than five acres. activity"includes discharges from discharge.A point source discharge Other commenters believed that storm activities disturbing less than 1 acre if means that pollutants are added to water discharges from small that construction activity is part of a Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68773 "larger common plan of development or however,that the intensity of activity construction industry to implement the sale"with a planned disturbance of occurring on-site would be a very program to protect water quality in the equal to or greater than 1 acre of land. difficult condition to quantify, first place. A"larger common plan of development Many commenters requested that EPA One commenter stated a need to or sale"means a contiguous area where maintain the 5 acre threshold from the clarify whether routine road multiple separate and distinct existing regulations,which include maintenance is considered construction construction activities are planned to opportunities for site-specific activity for the purpose of today's rule. occur at different times on different designation,as the regulatory scope for The NPDES general permit for schedules under one plan,e.g.,a regulating storm water from discharges from construction sites larger housing development of five'/4 acre lots construction sites,i.e.,that the Agency than 5 acres defined"commencement of (§122.26(b)(15)(i)). not automatically regulate storm water construction"as the initial disturbance In addition to the regulatory text for discharges from sites less than 5 acres. of soils associated with clearing, smaller construction,the Agency is also Several commenters wanted grading,or excavating activities or other revising the existing text of construction requirements to be applied construction activities(63 FR 7913).For §122.26(b)(14)(x)to clarify EPA's to sites smaller than 1 acre,while some construction sites disturbing less than 5 intention regarding construction commenters suggested alternative acres,EPA does not consider projects involving a larger common plan thresholds of 2 or 3 acres.The rest of the construction activity to include routine of development or sale ultimately commenters supported the 1 acre maintenance performed to maintain the disturbing 5 or more acres.Operators of threshold.None of the commenters original line and grade,hydraulic such sites are required to seek coverage presented any data or rationales to capacity,or original purpose of the under an NPDES permit regardless of support a specific size threshold. facility. the number of lots in the larger plan EPA examined alternative size Two commenters believed that the because designation for permit coverage thresholds,including 0.5 acre, 1 acre,2 Multi-Sector General Permit for storm is based on the total amount of land area acres and 5 acres.EPA had difficulty water discharges from industrial to be disturbed under the common plan. evaluating the alternative size activities(MSGP)(60 FR 50804)already This designation attempts to address the thresholds because,while directly applies to storm water discharges from potential cumulative effects of proportional to the size of the disturbed construction activities at oil and gas numerous construction activities site,the water quality threat posed by exploration and production sites and concentrated in a given area. discharges from construction sites of asked for a clarification on this issue. Several commenters asked that EPA differing sizes varies nationwide, Commenters also requested a single allow the permitting authority to set the depending on the local climatological, general permit to authorize both appropriate size threshold based on geological,geographical,and industrial storm water discharges and water quality studies.While EPA agrees hydrological influences.In order to construction site discharges which that location-specific water quality ensure improvements in water quality occur at the same industrial site. studies provide an ideal information nationwide,however,today's rule does Currently,when construction activity base from which to make regulatory not allow various permitting authorities disturbing more than 5 acres occurs on decisions,today's rule establishes a to establish different size thresholds an industrial site covered by the MSGP, default standard for regulation in the except based on the waiver and authorization under a separate NPDES absence of location-specific studies.The designation provisions of the rule.EPA construction permit is needed because rule does allow for deviation from the believes that the water quality impact the MSGP does not include the default standard through additional from small construction sites is as high "construction"industrial sector.While designations and waivers,however, as or higher than the impact from larger the MSGP does address sediment and when supported by location-specific sites on a per acre basis.By selecting the erosion control,it is not as specific as water quality information.The rule 1 acre size threshold and coupling it the NPDES general permit for storm codifies the ability of permitting with waivers and additional water discharges from construction authorities to provide waivers for sites designations,EPA is seeking to activities disturbing more than 5 acres. greater than or equal to one acre(the standardize improvement of water Though permitting authorities could default standard)and designate quality on a national basis while conceivably develop a single general additional discharges from small sites providing permitting authorities with permit to authorize storm water below one acre when location-specific the opportunity to designate those discharges associated with construction information suggests that the default 1 unregulated activities causing water activity at these industrial facilities,the acre standard is either unnecessary quality impairments regardless of site commenter's request is not addressed by (waivers)or too limited(designations)to size,as well as to waive requirements today's rulemaking.When today's rule protect water quality. when information demonstrates that is implemented through general permits Some commenters wanted EPA to regulation is unnecessary. (to be issued later),the permitting base the regulation of storm water EPA recognizes that the size criterion authority will have discretion whether discharges from construction sites not alone may not be the most ideal or not to incorporate the permit only on size,but also on the duration predictor of the need for regulation,but requirements for both the industrial and intensity of activity occurring on effective protection of water quality storm water discharges and construction the site.EPA believes that a national 1- depends as much on simplicity in site storm water discharges into a single acre threshold,in combination with implementation as it does on the general permit.This type of request waivers and additional designations,is scientific information underlying the should be addressed to the permitting the most effective and simplest way to regulatory criteria.The default size authority. address adverse water quality impacts criterion of 1 acre will ensure protection One commenter suggested that from storm water from small against adverse water quality impacts discharges from small construction sites construction sites.Moreover,as from storm water from small should be regulated through a"self- discussed below,the waiver for rainfall construction sites while not implementing rule"approach.While erosivity does account for projects of overburdening the resources of today's rule is not a self-implementing limited duration.EPA believes, permitting authorities and the rule,it does add§122.28(b)(2)(v),which 68774 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations gives the permitting authority the information submitted by the public on contributions from all sources,and a discretion to authorize a construction individual construction sites in each margin of safety.The Agency envisions general permit for sites less than 5 acres jurisdiction required to be covered by an equivalent analysis that would without submitting a notice of intent. the program. demonstrate that water quality is not Such non-registration general permits threatened by storm water discharges function similarly to self-implementing b.Waivers from small construction activity.This rules,but are,in fact,permits.Today's Under§122.26(b)(15)(i)of today's waiver is discussed further below in the rule will be implemented through rule,NPDES permitting authorities may sections titled TMDL Waiver and Water NPDES permits rather than self- waive today's requirement for Quality Issues. implementing regulations to capitalize construction site operators to obtain a The proposed rule included a waiver on the compliance,tracking, permit in two circumstances.The first based on"low predicted soil loss."This enforcement,and public participation Waiver is intended to apply where little waiver provision would have been associated with NPDES permits(see or no rainfall is expected during the applicable on a case-by-case basis where discussion in section II.C). period of construction.The second the annual soil loss rate for the period Other commenters believed that only waiver may be granted when a TMDL or of construction for a site,using the the permitting authority should regulate euivalent controls ononalsis indicates that Revised onstruction site discharges RUSLE)Uwould be less than 2niversal Soil Loss Equation t t/n construction site storm water discharges are not needed to protect water quality. acre/year.The annual soil loss rate of (under a NPDES permit)and that a The first waiver is based on"low small MS4 operator's regulation of less than 2 tons/acre/year would be storm water discharges associated with Predicted rainfall erosivity"which can calculated through the use of the RUSLE construction(under the small MS4 be found using tables of rainfall-runoff equation,assuming the constants of no erosivity(R)values published for each ground cover and no runoff controls in NPDES storm water program)is region in the U.S.R factors are lace. redundant.EPA disagrees that control published in the U.S.Department of P Several commenters found the low measure implementation by the NPDES Agriculture (USDA)Agricultural soil loss waiver too complex and authority and the small MS4 operator is Handbook 703 (Renard,K.G.,Foster, impractical,and stated that expertise is redundant.To the extent the two efforts G.R.,Weesies,G.A.,McCool,D.K.,and not available at the local level to prepare overlap,today's rule provides for D.C.Yoder. 1997.Predicting Soil and evaluate eligibility for the waiver. consolidation and coordination of Erosion by Water:A Guide to Another commenter questioned whether substantive requirements via Conservation Planning with the Revised two tons/acre/year was an appropriate incorporation by reference permitting. Universal Soil Loss Equation(RUSLE). threshold for predicting adverse water Small MS4s operators may choose to U.S.Department of Agriculture quality impacts.Two other commenters impose more prescriptive requirements Handbook 703).The R factor varies said that RUSLE was never intended to than an NPDES permitting authority based on the time during the year when predict off-site impacts and is not an based on localized water quality needs. construction activity occurs,where in indicator of potential harm to water In those cases,EPA intends that the the country it occurs,and how long the quality.EPA agrees with the substantive requirements from the small construction activity lasts.The commenters on the difficulty associated MS4 program should apply as the permitting authority may determine, with determining and implementing NPDES permit requirements for the using Handbook 703,which times of this waiver.Most construction site construction site discharger.In cases year,if any,the waiver opportunity is operators are not familiar with the where a small MS4 program does not available for construction activity.EPA RUSLE program,and the potential prioritize and focus on storm water from will provide assistance either through burden on the permitting authority, construction sites(beyond the small computer programs or the World Wide construction industry,USDA's Natural MS4 minimum control measure in Web on how to determine whether this Resources Conservation Service and today's rule,which does not require the waiver applies for a particular conservation districts probably would small MS4 operator to control geographic area and time period. have been significant.The Agency has construction site discharges in a manner Application of this waiver for regulatory not included this waiver in the final as prescriptive as is expected for purposes will be determined by the rule. discharges regulated under NPDES authorized NPDES authority.This Two commenters asked that EPA permits),the Agency intends that the waiver is discussed further in the allow States the flexibility to develop NPDES general permit will provide the following section titled Rainfall- their own waiver criteria but did not substantive standards applicable to the Erosivity Waiver. suggest how the Agency(or affected construction site discharge.EPA does The second waiver is based on a stakeholders)could evaluate the anticipate,however,that consideration of ambient water quality. acceptability of alternative State waiver implementation of MS4 programs to This waiver is available after a State or criteria.Therefore,the final rule does address construction site runoff within EPA develops and implements TMDLs not provide for any such alternative their jurisdiction will enhance overall for the pollutant(s)of concern from waivers.If a State does seek to develop NPDES compliance by construction site storm water discharges associated with alternate waiver criteria,then EPA dischargers.EPA also notes that under construction activity.This waiver is also procedures afford the opportunity for §122.35(b),the permitting authority available for sites discharging to non- subsequent actions,for example,under may recognize its own program to impaired waters that do not require the Project XL Program in EPA's Office control storm water discharges from TMDLs,when an equivalent analysis of Reinvention,which seeks cleaner, construction sites in lieu of requiring has determined allocations for small smarter,and cheaper solutions to such a program in an MS4's NPDES construction sites for the pollutant(s)of environmental problems.Many permit,provided that the permitting concern or determined that such commenters suggested that EPA extend authority's program satisfies the allocations are not needed to protect these waivers to existing industrial requirements of§122.34(b)(4), water quality based on consideration of storm water regulations for construction including,for example,procedures for existing in-stream concentrations, activity greater than 5 acres.These site plan reviews and consideration of expected growth in pollutant construction site discharges are Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68775 regulated as industrial storm water for construction site dischargers and Predicting Soil Erosion by Water:A discharges under CWA 402(p)(2)and are permitting authorities because of the Guide to Conservation Planning With not eligible for such water quality-based difficulty in applying them to all small the Revised Universal Soil Loss waivers. sites. Equation(RUSLE)(USDA,1997). Two commenters were concerned that One commenter mentioned that This waiver is time-sensitive and is waivers would create a potential for waivers for the R factor(rainfall- dependent on when during the year a significant degradation of small streams. erosivity)and soil loss are effluent construction activity takes place,how EPA disagrees.If small streams are standards that have not been developed long it lasts,and the expected rainfall threatened,the permitting authority in accordance with sections 301 and 304 and intensity during that time.R factors would choose not to provide any of the CWA.EPA disagrees that these vary based on location.EPA anticipates waivers.In addition,permitting sections are relevant to the designation that this waiver opportunity responds to authorities may protect small streams by of sources in today's rule.The waiver concerns about the requirement for a designating discharges from small provisions in this section of the rule are permit when it is not expected to rain, construction activity based on the jurisdictional because they affect the especially in the arid areas of the U.S. potential for contribution to a violation scope of the universe of entities subject Under today's rule,the permitting of a water quality standard or for to the NPDES program.Therefore,the authority could waive the requirements significant contribution of pollutants to waiver provisions are not themselves for a permit for time periods when the waters of the U.S. substantive control standards rainfall-erosivity factor("R"in RUSLE) Two commenters asked that the implemented through NPDES permits, is less than five during the period of waiver options be eliminated.They felt and thus,not subject to the statutory construction.For the purposes of it would create a gross inequity within criteria in sections 301 and 304. calculating this waiver,the period of the construction community if some Another commenter stated that construction activity starts at the time of projects will not be subject to the waivers would allow exemptions to the initial disturbance and ends with the requirements of today's rule.While the technology based requirements and time of final stabilization.The operator comments may be valid,EPA disagrees would thus be inconsistent with the must submit a written certification to that waivers should be disallowed on two-fold approach of the CWA(a the Director in order to apply for such this basis.Construction site discharges technology based minimum and a water a waiver.EPA believes that those areas that qualify for a waiver from permitting quality based overlay).EPA receiving negligible rainfall during requirements are not expected to acknowledges that the CWA does not certain times of the year are unlikely to present a threat to water quality,which generally provide for waivers for the have storm events causing discharges is the basis for designation and Act's technology-based requirements. that could adversely impact receiving regulation under today's rule. The waiver provisions do not create streams.Consequently,BMPs would not A number of commenters suggested exemptions from technology-based be necessary on those smaller sites.This additional waivers in cases where new standards that apply to NPDES waiver is most applicable to projects of development will result in no additional dischargers;they provide exemption short duration and to the arid regions of adverse impacts to water quality as from the underlying requirement for an the country where the occurrence of compared to the existing development it NPDES permit in the first place. rainfall follows a cyclic pattern— replaces.EPA believes these waivers are Protection of water quality is the reason between no rain and extremely heavy either unworkable or unnecessary.It these smaller sites are designated for rain.EPA review of rainfall records for would be very difficult for most regulation under NPDES.The Act's two these areas indicates that,during construction operators to determine,as fold approach imposes more stringent periods of the year when the number of well as for other stakeholders to verify, water quality based effluent limitations events and quantity of rain are low, on a site-by-site basis,that there is no when technology-based limitations storm water discharges from the smaller potential for adverse impact to water applicable to regulated dischargers are construction sites regulated under quality compared to the replaced insufficient to meet water quality today's rule should be minimal. development. standards. Under today's rule,water Some commenters supported the use Other commenters proposed waivers quality protection is the basis for of the R factor as a waiver,while others in cases where a local erosion and determining which of the unregulated felt that a waiver based on rainfall sediment control program covers the sources should be regulated at all.Thus, statistics ignores the fact that it may rain project or a separate waiver for small today's rule is entirely consistent with on any given day and it is the linear utility projects.Instead of the Act's two fold approach. cumulative effect of wet weather waivers,today's rule addresses the first i.Rainfall-Erosivity Waiver.The discharges which cause water quality suggestion through the qualifying rainfall-erosivity waiver under impairments.A commenter also asked program provision described in the §122.26(b)(15)(i)(A)is intended to what happens in"El Nino"years when section titled Cross-Referencing State/ exempt the requirements for a permit significantly more rainfall than normal Local Erosion and Sediment Control when and where negligible rainfall/ occurs.Another commenter also Programs below.Today's rule provides runoff-erosivity is expected.In the expressed concern that this waiver was waivers for small linear projects in so development of the Universal Soil Loss not based on a measured water quality far as they satisfy conditions for low Equation,analysis of data indicated that impact,but instead on an indicator of rainfall erosivity. (See when factors other than rainfall are held potential impact.In response to the §122.26(b)(15)(i)(A).) constant,soil loss is directly previous comments,EPA notes that, Other commenters suggested waivers proportional to a rainfall factor under CWA 402(p)(6),sources are based on distance to water body, composed of total storm kinetic energy designated on their potential for adverse existence of vegetated buffer around times the maximum 30 minute impact.Designation under the section is water body,slope of disturbed land,or intensity.The average annual sum of the prospective,not retrospective or if discharging to very large bodies of storm energy and intensity values for an remedial only.For that reason,the water.As a result of public outreach, area comprise the R factor—the rainfall waivers under today's rule also operate EPA believes that these proposed erosivity index.A detailed explanation prospectively.EPA wanted to waive waivers would be generally unworkable of the R factor can be found in requirements for sites with little 68776 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations potential to impair water quality,and waters that do not require TMDLs,an solids.Although several TMDLs for the R factor is the most straightforward equivalent analysis that has either sediment and related parameters have way to do this.The permitting determined allocations for small been established,EPA does recognize authority,if electing to use waivers, construction sites for the pollutant(s)of that currently it is extremely difficult to could always suspend the use of concern or determined that such develop TMDLs for sediment.EPA is waivers in certain areas or during allocations are not needed to protect partially addressing this concern by certain times. In addition,the water quality based on consideration of clarifying in today's rule that the permitting authority may choose to use existing in-stream concentrations, waivers may be based on a TMDL or a lower R factor threshold than the one expected growth in pollutant equivalent analyses for sediment or one set by EPA.Application of this waiver contributions from all sources,and a of the various pollutant parameters that is at the discretion of the permitting margin of safety.The pollutants of are a proxy for sediment.These include authority,subject only to the limitation concern that must be addressed include TSS,turbidity and siltation. that R factors cannot exceed 5. sediment or a parameter that addresses Other commenters noted that this One commenter expressed the need sediment(such as total suspended waiver was unattainable if a TMDL or for EPA to provide a justification for the solids(TSS),turbidity or siltation)and equivalent analysis must be available for threshold value used for the R factor. any other pollutant that has been every pollutant that could possibly be None of the commenters included any identified as a cause of impairment of present in any amount in discharges data to show that EPA's proposed R any water body that will receive a from small construction sites regardless factor of 2 was either too high or too discharge from the construction activity. of whether the pollutant is causing low.EPA is using the R factor as an The operator must certify to the NPDES water quality impairment. Commenters indicator of the potential to impact permitting authority that the asked that EPA identify what constitutes water quality.In an effort to determine construction activity will take place, the"pollutants of concern"for which a which R threshold should be used,EPA and storm water discharges will occur, TMDL or its equivalent must be conducted additional analysis of the within the applicable drainage area developed.EPA has revised the rainfall/runoff erosivity factor for 134 evaluated in the TMDLs or equivalent proposed rule in response to these sites across the country.For an R factor analyses. concerns. threshold of 5,approximately 12% of Today's rule modifies the approach in In order for discharges from sites would be waived if the project the proposed rule.EPA proposed to construction sites under five acres to period lasted 6 months,27% for 3 allow a waiver of permit requirements qualify for the water quality waiver of months,47% for 1 month,and 60%of for small construction if storm water today's rule,the construction site sites would be waived if the project controls were determined to be operator must demonstrate that storm lasted for only 15 days.None of the 134 unnecessary based on"wasteload water controls are not necessary for sites would be waived if the project allocations that are part of`total sediment or a parameter that addresses lasted an entire year.For an R factor maximum daily loads' (TMDLs)that sediment(such as TSS,turbidity or threshold of 2,approximately 9%of address the pollutants of concern,"or"a siltation)and any other pollutant that sites would be waived if the project comprehensive watershed plan, has been identified as a cause of period lasted 6 months, 15% for 3 implemented for the water body,that impairment of any water body that will months, 31% for 1 month,and 43%for includes the equivalents of TMDLs,and receive a discharge from the 15 days.For an R factor threshold of 10, addresses the pollutants of concern." construction activity.Even if the water approximately 22% of sites would be Commenters asked for clarification of body is not currently impaired for waived if the project period lasted 6 the terms"comprehensive watershed sediment,today's rule requires an months, 37% for 3 months,60% for 1 plans"and"equivalent of TMDLs."EPA analysis of the potential impacts of month,and 78% for 15 days.EPA intended that both terms would include sediment because the storm water believes that an R factor of 5 is an a comprehensive analysis that discharges from the construction adequate threshold to waive determines that controls on small activity will be a new source of loading requirements for sites because they construction sites are not needed based to the water body that could constitute would not reasonably be expected to on consideration of existing in-stream a new impairment.Because the water impair water quality. concentrations,expected growth in body will not necessarily have been EPA will develop,as part of the tool pollutant contributions from all sources, included on a"303(d)list"and a TMDL box described in section II.A.5, and a margin of safety.Today's rule will not necessarily be required,the rule guidance materials and computer or makes this clarification. continues to allow an analysis that is web-accessible programs to assist One commenter pointed out that there the equivalent of a TMDL.The permitting authorities and construction are no water quality standards for designation of storm water discharges site discharges in determining if any suspended solids,the major pollutant from small construction activity for resulting storm water discharges from expected in discharges from regulation in today's rule is intended to specific projects are eligible for this construction activity.The commenter control pollutants other than sediment. waiver. asserted that no waiver would ever be This waiver provision requires a TMDL ii. Water Quality Waiver.The water available.Another commenter noted or equivalent analysis for a pollutant quality waiver under that there are no sediment criteria other than gross particulates (i.e., §122.26(b)(15)(i)(B)is available where developed for streams,also making this sediment and other particulate-focused storm water controls are not needed waiver useless.EPA notes that a number pollutant parameters)only if the based on a comprehensive,location- of States and Tribes have water quality receiving water is currently impaired for specific evaluation of water quality standards that address TSS,which are that pollutant. needs.The waiver is available based on narrative in form,and that may serve as One commenter expressed the either an EPA-approved"total a basis for water quality-based effluent concern that construction operators will maximum daily load"(TMDL)under limits.As efforts to identify not know if they are in a watershed section 303(d)of the CWA that impairments and improve water quality covered by a TMDL.To the extent this addresses the pollutant(s)of concern or, progress,some States may yet develop is an operator's concern,he or she could for sites discharging to non-impaired water quality standards for suspended contact their NPDES permitting Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68777 authority before applying for permit §122.28(b)(2)(v)).Under this approach, comprehensive of the various coverage to determine if receiving water the NPDES permitting authority will requirements for the whole project,it is subject to a TMDL.Alternatively,the have the discretion to decide whether or could avoid confusion due to differing permitting authority could identify the not to require NOIs for discharges from requirements for different sections of TMDL(or equivalent analysis)areas in construction activity less than 5 acres. the project.In addition,linear utility the general permit or another operator- Compared to the existing storm water projects,which usually have a shorter accessible information source. regulation,the permitting authority thus project period,are more likely to be Another commenter expressed the has increased flexibility in program eligible for the rainfall erosivity waiver. concern that a TMDL waiver is likely to implementation.EPA does recommend One commenter stated there was no be ineffective because the TMDL list is the use of NOIs,however because NOIs reason to delay the application period submitted only once every 2 years.By track permit coverage and provide a for regulated storm water discharges the time a water is listed,the activity useful information source to prioritize from small construction activities.The may have been completed and inspections or enforcement.Requiring commenter requested that the newly stabilized.The commenter argued that, an NOI allows for greater accountability regulated construction site discharges if a watershed is impaired due to by,and tracking of,dischargers.This should be required to seek permit sediment from construction,then storm simple permit application and reporting coverage within 90 days,as opposed to water controls will still be needed, mechanism also allows for better 3 years,of the effective date of the rule. because small construction can only be outreach to the regulated community, The Agency does not accept this waived when it is not identified as a uses an existing and familiar request.EPA anticipates that NPDES source of impairment.In response,EPA mechanism,and is consistent with the permitting authorities will need one to notes that an analysis that is the existing requirements for storm water two years to develop adequate legal equivalent of a TMDL(specifically, discharges from larger construction authority to implement a program to equivalent to the component of a TMDL activities.Today's rule does not amend address this new category of discharges, that comprehensively analyses existing the requirement for NOIs in general as well as to develop and issue general ambient conditions against the permits for storm water discharges from permits.Moreover,to ensure effective applicable water quality standards)may construction activity disturbing 5 acres implementation to protect water quality, also provide a basis for waiver from the for more.See§122.28(b)(2)(v). regulatory authorities will need default 1 acre designation.Also,even if EPA expects that the vast majority of additional time to inform small a water has been identified as impaired discharges of storm water associated construction site operators of for sediment,it is possible that a site or with small construction activity requirements and provide guidance and category of sites may receive an identified in§122.26(b)(15)will be training on these requirements. allocation that is sufficiently high regulated through general permits. In Finally,EPA received a comment enough to allow discharges without the event that an NPDES permitting requesting that the three year file storm water controls. authority decides to issue an individual retention requirement be deleted for C.Permit Process and Administration construction permit,however, discharges from small construction individual application requirements for sites.While EPA recognizes that the The operator of the construction site, these construction site discharges are three year record retention schedule as with any operator of a point source found at§122.26(c)(1)(ii).For any may be unnecessary for certain discharge,is responsible for obtaining discharges of storm water associated construction projects,the Agency has coverage under a NPDES permit as with small construction activity determined it is necessary to retain files required by§122.21(b).The"operator" identified in§122.26(b)(15)that are not after the completion of the project to of the construction site,as explained in authorized by a general permit,a permit ensure permit compliance,including the current NPDES construction general application made pursuant to applicable construction site stabilization permit,is typically the party or parties §122,26(c)must be submitted to the enabling permit termination for such that either individually or collectively Director by 3 years and 90 days after sites. meet the following two criteria:(1) publication of the final rule. d.Cross Referencing State,Tribal or Operational control over the site Some commenters expressed concern Local Erosion and Sediment Control specifications,including the ability to that linear construction projects(e.g., Programs make modifications in the roads,highways,pipelines)that cross specifications;and(2)day-to-day several jurisdictions will have to In developing the NPDES permit operational control of those activities at comply with multiple sets of requirements for construction sites less the site necessary to ensure compliance requirements from various jurisdictions, than 5 acres,members of the Storm with permit conditions(63 FR 7859).If including multiple local governments Water Phase II FACA Subcommittee more than one party meets these and States.EPA is limited in its options asked EPA to try to minimize criteria,then each party involved would to address these concerns because the redundancy in the construction permit typically be a co-permittee with any Agency cannot issue NPDES permits in requirements. In response,today's rule other operators.The operator could be States authorized to implement the at§122.44(s)provides for incorporation the owner,the developer,the general NPDES program nor preempt other more of qualifying State,Tribal or local contractor,or individual contractor. stringent local and State requirements. erosion and sediment control program When responsibility for operational EPA believes,however,that the option requirements by reference into the control is shared,all operators must for incorporating by reference the State, NPDES permit authorizing storm water apply. Tribal or local requirements(see discharges from construction sites In today's rule,EPA is not requiring discussion in Section I1.1.2.d.,Cross- (described under§§122.26(b)(15)and an NOI for NPDES general permits for Referencing State/Local Erosion and (b)(14)(x)).The incorporation by storm water discharges from Sediment Control Programs)should reference approach applies not only to construction activities regulated by limit the administrative burden on the the newly regulated storm water §122.26(b)(15)if the NPDES permitting operator responsible for discharges from discharges(from construction activity authority finds that the use of NOIs linear construction projects.If the disturbing between 1 and 5 acres, would be inappropriate(see operator were to implement the most including designated sites,but 68778 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations excluding waived sites)but also to erosion and sediment control of construction. In any event,the discharges from construction activity requirements,construction site criteria for qualification for localized disturbing 5 or more acres already operators satisfy both local and NPDES programs should provide a certain covered by the existing storm water permit requirements without degree of standardization for various regulations. For this latter category of duplicative effort.At the same time, localities'requirements.EPA expects discharges from construction activity noncompliance with the referenced that the new rule for construction and disturbing 5 or more acres,the local requirements will be considered post-construction BMPs being incorporation by reference approach noncompliance with the NPDES permit developed under CWA section 304(m) requires that the pollutant control which is federally enforceable.The will also encourage standardization of requirements from the incorporated NPDES permitting authority will,of local requirements. (See discussion of program also satisfy the statutory course,retain the discretion to decide this new rulemaking in section II.D.1, standard for limitations representing whether to include the alternative Federal Role of this preamble). application of the best available requirements in the general permit.EPA Two commenters requested that an technology economically achievable believes that this approach will best (BAT)and best conventional pollutant balance the need for consideration of "incorporation by reference"should control technology(BCT). specific local requirements and local include permission,in writing,from the For permits issued for discharges from implementation with the need for qualifying local program administrator small construction activity defined federal and citizen oversight,and will because of a perceived extra burden on under§122.26(b)(15),a qualifying State, extend supplemental NPDES the referenced program. Any program Tribal,or local erosion and sediment requirements to control storm water requirements incorporated by reference control program is one that includes the discharges from construction sites. in NPDES permits should already apply program elements described under EPA developed the"incorporation by to construction site dischargers in the §122.44(s)(1).These elements include reference"approach based on applicable area and therefore should not requirements for construction site implementation efforts designed by the add any additional burden to the operators to implement appropriate State of Michigan.Michigan relies on referenced program.EPA has left to the erosion and sediment control BMPs, localities to develop substantive discretion of the permitting authority requirements to control waste,a controls for storm water discharges the decision on whether to seek requirement to develop a storm water associated with construction activities permission from the qualifying program pollution prevention plan,and on a localized basis.Localities, before cross-referencing it in an NPDES requirements to submit a site plan for however,are not required to do so.In permit. review.A storm water pollution areas where the local authority does not One commenter stated that a prevention plan includes site choose to participate,the State qualifying local program should require descriptions,descriptions of appropriate administers the sedimentation and a SWPPP.The proposed rule defined control measures,copies of approved erosion control requirements.The State the qualifying local program as a State,Tribal or local requirements, agency,as the NPDES permitting program the meets the minimum maintenance procedures,inspection authority,receives an NOI(termed program requirements established in the procedures,and identification of non- "notice of coverage"by Michigan) proposed construction minimum storm water discharges.The under the general permit and tracks and control measure for small MS4s.To construction site's permit would require exercises oversight,as appropriate,over ensure consistency in the controls for it to follow the requirements of the the activity causing the storm water storm water discharges between the qualifying local program rather than discharge. Michigan's goal under these larger,already regulated construction require it to follow two different sets of procedures is to utilize the existing sites and the discharges from smaller requirements.If a partially-qualifying erosion and sediment control program sites that will be regulated as a result of program does not have all of the infrastructure authorized under State today's rule,EPA has made a change to elements described under§122.44(s)(1), law for storm water discharge define a qualifying local program as one then the NPDES permitting authority regulation. (See U.S.Environmental that includes the elements described in may still incorporate language in the Protection Agency,Office of Water. §122.44(s)(1).Section 122.44(s)(1) small construction site discharge's January 7,1994.Memo:From Michael requires the development and permit that requires the construction B. Cook,Director OWEC,to Water implementation of a storm water site operator to follow the program,but Management Division Directors, pollution prevention plan as a criterion the construction site discharge permit Regarding the"Approach Taken by for qualification of local programs for also must incorporate the missing Michigan to Regulate Storm Water incorporation by reference.As noted required elements in order to satisfy Discharges from Construction above,if a qualifying program does not CWA requirements. Activities.")The term"local"refers to the Most commenters supported the include all the elements in§122.44(s)(1)then the permitting authority will need geographic area of applicability,not the general concept of incorporating by form of government that develops and reference qualifying programs. Two to specify the missing elements in order administers the program.Thus,a commenters expressed concern that to rely on the incorporation by reference qualifying federal erosion and control different local construction approach. program,such as certain programs requirements will create an impossible One commenter asked what happens developed and administered by the regulatory scheme for builders who in regard to the use of qualifying federal Bureau of Land Management, work in different localities.EPA programs when a construction site could be a qualiing local program. believes that allowing States to operator is also the qualifying local As a result of is provision,local incorporate qualifying programs by program operator.The provision for requirements will,in effect,provide the reference will minimize the differences incorporation by reference applies in substantive construction site erosion for builders who work in different areas this situation also.The local program and sediment control requirements for of the State.These differences already operator will be required to comply the NPDES permit authorization. exist,however,not only for erosion and with requirements it has established for Therefore,by following one set of sediment controls,but also other aspects others. Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68779 e.Alternative Approaches Another commenter stated that the unregulated storm water discharges for EPA received a number of comments potential fines under the NPDES potential designation for regulation in on alternative permitting approaches. program will encourage compliance and today's rule started with an examination Several commenters supported will be much stronger than any fines a of approximately 7.7 million regulating discharges only from those local program may have.EPA agrees commercial,retail,industrial,and construction sites within urbanized that the NPDES program is the best institutional facilities identified as areas.Other commenters opposed this approach to address water quality "unregulated."In general,the approach.EPA chose to address storm impacts from construction sites and distribution of these facilities follows water discharges from construction sites Provides benefits such as accountability the distribution of population,with a located both within and outside and federal enforcement. large percentage of facilities urbanized areas because of the potential A number of commenters supported concentrated within urbanized areas for adverse water quality impact from issuing one permit for each construction (see page 4-35 of the Report).This storm water discharges from smaller company,instead of a permit for each examination resulted in identification of sites in all areas.Regulating only those individual construction activity(also two general classes of facilities with the sites within urbanized areas would have requested for storm water discharges potential for discharging pollutants to excluded a large number of potential from the larger,already regulated waters of the United States through contributors to water quality construction sites).Other commenters storm water point sources. impairment and would not address large found that a'licensing'program for The first group(Group A) included areas of new development occurring on construction site operators would have sources that are very similar,or the outer fringes of urbanized areas.In many problems,including identifying identical,to regulated"storm water fact,designating only small construction who to permit and tracking information discharges associated with industrial discharges within urbanized areas might on active sites.EPA is regulating only activity"but that were not included in the storm water discharges associated the existing storm water regulations create a perverse incentive for building with construction activity from small because EPA used SIC codes in defining only outside urbanized areas. Such an sites,not the construction activity itself. the universe of regulated industrial incentive would be inconsistent with Separate NPDES permits(either activities.By relying on SIC codes,a the Agency's intention behind individual or general permit coverage) classification system created to identify designating to protect water quality.The for construction site discharges avoid industries rather than environmental Agency intends that designation to potential problems in tracking sites and impacts from these industries protect water quality in today's rule operator accountability. Section discharges,some types of storm water should be both remedial and preventive. 122 28(b)(2)(v)gives permitting discharges that might otherwise be A number of commenters encouraged authorities the option to issue a general considered"industrial"were not EPA to cover municipal construction permit without requiring an NOI.If an included in the existing NPDES storm activities under the small MS4 general NOI is not required for each activity, water program.The second general class permit,instead of issuing a separate permitting authorities could pursue of facilities(Group B)was identified on NPDES construction permit to these other options such as a company-wide the basis of potential for activities and municipal construction projects. NOI,license instead of an NOI,or pollutants that could contribute to storm Similarly,a number of commenters another mechanism. water contamination. supported EPA giving industrial EPA estimates that Group A has facilities the option of having storm 2.Other Sources approximately 100,000 facilities. water from construction activities on the In the Storm Water Discharges Discharges from facilities in this group, site covered by the industrial storm Potentially Addressed by Phase H of the which may be of high priority due to water permit.Several other commenters National Pollutant Discharge their similarity to regulated storm water found that combining multiple permit Elimination System Storm Water discharges from industrial facilities, types under one general permit Program,Report to Congress,March include,for example,auxiliary facilities introduced a degree of complexity 1995,("Report")submitted by EPA or secondary activities (e.g., which was confusing to permittees. pursuant to CWA section 402(p)(5),EPA maintenance of construction equipment Permitting authorities have the option of examined the remaining unregulated and vehicles,local trucking for an combining MS4 and construction point sources of storm water for the unregulated facility such as a grocery permits or industrial and construction potential to adversely affect water store)and facilities intentionally permits,however,specific requirements quality.Due to very limited national omitted from existing storm water for each would still need to be included data on which to estimate pollutant regulations(e.g.,publicly owned in the permit issued.EPA agrees that loadings on the basis of discharge treatment works with a design flow of this would probably result in a more categories,the discussion of the extent less than 1 million gallons per day, complex and confusing permit of unregulated storm water discharges is landfills that have not received compared to the existing component limited to an analysis of the number and industrial waste). permits. geographic distribution of the Group B consists of nearly one Several commenters supported an unregulated storm water discharges. million facilities.EPA organized Group alternative for regulated small MS4s Therefore,EPA is not designating any B sources into 18 sectors for the where a local qualified program alone, additional unregulated point sources of purposes of the Report.The automobile without an NPDES permit,is sufficient storm water on a nationwide,categorical service sector(e.g.,gas/service stations, to enforce compliance with construction basis.Instead,the remainder of the general automobile repair,new and site discharge requirements.On the sources will be regulated based on case- used car dealerships,car and truck other hand,one commenter stated that by-case post-promulgation designations rental)makes up more than one-third of linking the local construction erosion by the NPDES permitting authority. the total number of facilities identified and sediment control program to the EPA did,however,evaluate a variety in all 18 sectors. existing NPDES program for storm water of categories of discharges for potential EPA conducted a geographical from larger construction has driven designation in the Report.EPA's efforts analysis of the industrial and improvements in many local programs. to identify sources and categories of commercial facilities in Groups A and 68780 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations B.The geographical analysis shows that that pollutant sources are regulated in a exempted storm water discharges the majority are located in urbanized comprehensive fashion under other associated with industrial activity that areas(see Section 4.2.2,Geographic environmental protection programs, are owned or operated by municipalities Extent of Facilities,in the Report).In such as programs under the Resource serving populations less than 100,000 general,about 61 percent of Group A Conservation and Recovery Act(RCRA) people(except for airports,power facilities and 56 percent of Group B or the Occupational Health and Safety plants,and uncontrolled sanitary facilities are located in urbanized areas. Act(OSHA).If EPA concluded that the landfills) from the need to apply for or The analysis also showed that nearly category of sources was sufficiently obtain a storm water discharge permit twice as many industrial facilities are addressed under another program,the (section 1068(c)of ISTEA). Congress found in all urbanized areas as are Agency rated that source category as extended the NPDES permitting found in large and medium having"low"potential for adverse moratorium for these facilities to allow municipalities alone.Notable water quality impact.Application of the small municipalities additional time to exceptions to this generalization second criterion showed that some comply with NPDES requirements for included lawn/garden establishments, categories were likely to be adequately certain sources of industrial storm small unregulated animal feedlots, addressed by other programs. water.The August 7,1995 storm water wholesale livestock,farm and garden After application of the third final rule(60 FR 40230)further machinery repair,bulk petroleum criterion,availability of nationwide data extended this moratorium until August wholesale,farm supplies,lumber and on the various storm water discharge 7,2001.However,today's rule changes building materials,agricultural categories,EPA concluded that available this deadline so that previously chemical dealers,and petroleum data would not support any such exempted industrial facilities owned or pipelines,which can frequently be nationwide designations.While such operated by municipalities serving located in smaller municipalities or data could exist on a regional or local populations less than 100,000 people, rural areas. basis,EPA believes that permitting must now submit an application for a In identifying potential categories of authorities should have flexibility to permit within 3 years and 90 days from sources for designation in today's regulate only those categories of sources date of publication of today's rule. notice,EPA considered designation of contributing to localized water quality EPA received comments discharges from Group A and Group B impairments. facilities.EPA applied three criteria to EPA received comments requesting recommending that permit requirements each potential category in both groups designation of additional industrial, for municipally owned or operated to determine the need for designation: commercial and retail sources(e.g. industrial storm water discharges, (1)The likelihood for exposure of industrial activity"look-alikes",roads, including those previously exempt pollutant sources included in that commercial facilities and institutions, under ISTEA,be included in a single category, (2)whether such sources were and vehicle maintenance facilities)in NPDES permit for all MS4 storm water adequately addressed by other the final rule,because the commenters discharges.The existing NPDES environmental programs,and(3) believe that the data exist to support regulations already provide permitting whether sufficient data were available at national designation of some of these authorities the ability to issue a single this time on which to make a sources.Other comments were received "combination"permit for MS4 determination of potential adverse water opposing designation of any additional discharges.However,if the permitting quality impacts for the category of sources.Today's rule does not designate authorities chose to issue this type of sources.As discussed previously,EPA any additional industrial or commercial permit,they must make sure that in searched for applicable nationwide data category of sources either because EPA doing so,they are not creating a double on the water quality impacts of such currently lacks information indicating a standard for industrial facilities covered categories of facilities. consistent potential for adverse water under the combination permit versus By application of the first criterion, quality impact or because of EPA's those covered under separate general or the likelihood for exposure,EPA belief that the likelihood of adverse individual permits. In order to avoid considered the nature of potential impacts on water quality is low,with this double standard,combination pollutant sources in exposed portions of some possible exceptions on a more permits would have to contain such sites.As precipitation contacts local basis.Since the time the Agency requirements that are the same or very industrial materials or activities,the submitted the Report,EPA has similar to the requirements found in resultant runoff is likely to mobilize and continued to seek additional data and separate MS4 and industrial permits, become contaminated by pollutants.As has requested available data from the i.e.,the minimum measures and other the size of these exposed areas FACA members.If sufficient regional or necessary requirements of an MS4 increases,EPA expects a proportional nationwide data become available in the permit,and the SWPPP,monitoring and increase in the pollutant loadings future,the permitting authority could at reporting requirements,and other leaving the site.If EPA concluded that that time designate a category of sources necessary requirements of an industrial a category of sources has a high or individual sources on a case-by-case permit.If such a combined MS4 general potential for exposure of raw materials, basis.Therefore,today's rule encourages permit were issued,the regulations intermediate products,final products, control of storm water discharges from require that each discharger submit waste materials,byproducts,industrial Groups A and B through self-initiated, NOIs for their respective discharges, machinery,or industrial activity to voluntary BMPs,unless the discharge except for discharges from small rainfall,the Agency rated that category (or category of discharges)is designated construction activities.Flexibility exists of sources as having"high"potential for for permitting by the permitting in developing a combination NOI which adverse water quality impact.EPA's authority. See discussion in section I.D., could reduce the need to submit application of the first criterion showed EPA's Reports to Congress. duplicative information,e.g.owner/ that a number of Group A and B sources ISTEA Sources operator name and address.The 3. have a high likelihood of exposure of combination NOI would still need to pollutants. Provisions within the Intermodal require specific information for each Through application of the second Surface Transportation and Efficiency separate municipally owned or operated criterion,EPA assessed the likelihood Act(ISTEA)of 1991 temporarily industrial location,including Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68781 construction projects disturbing 5 or special regulatory attention,but do not authorities may yet determine that more acres.The regulations at fall neatly into a discrete, individual unregulated point sources of §122.28(b)(2)(ii)list the necessary predetermined category.Today's rule storm water discharges require contents of an NOI,which require:the preserves the regulatory authority to regulation on a case-by-case basis.This facility name,facility address,type of subsequently address a source(or conclusion is consistent with the facility or discharge and receiving category of sources)of storm water Congress'recognition of the potential stream for each industrial discharge discharges of concern on a localized or need for such designation under the first location.When viewed in its entirety,a regional basis. For example,as States phase of storm water regulation as combination permit,which by necessity and EPA implement TMDLs,permitting described in CWA section 402(p)(2)(E). would need to contain all elements of authorities may need to designate some Under CWA section 402(p)(2)(E), otherwise separate industrial and MS4 point source discharges of storm water Congress recognized the need for both permit requirements,and require NOI on a categorical basis either locally or EPA and the State to retain authority to information for each separate industrial regionally in order to assure progress regulate unregulated point sources of activity,may have few advantages when toward compliance with water quality storm water under the NPDES permit compared to obtaining separate MS4 standards in the watershed. program.Second,to the extent that and industrial general permit coverage. EPA received comments asking that CWA section 402(p)(6)requires In order to allow the permitting §122.26(a)(9)(i)(D)as proposed be designation of a"category"of sources, authority to issue a single storm water modified to include specific language the permitting authority may designate permit for the MS4 and all municipally clarifying the permitting authority's such(as yet unidentified)sources as a owned or operated industrial facilities, ability to designate additional sources category that should be regulated to including those previously exempt on a categorical basis as explained in protect water quality.Though such under ISTEA,today's rule requires the preamble to the proposed rule. One sources may exist and discharge today, applications for ISTEA sources within 3 comment requested that the designation if neither EPA nor the State/Tribal yrs and 90 days from date of publication language include"categories of sources NPDES permitting authority has of today's rule.The permitting authority on a Statewide basis."EPA agrees that designated the source for regulation has the ultimate decision to determine the intent of the language may not have under CWA section 402(p)(2)(E)to date, whether or not a single all- been clear regarding categorical then CWA section 402(p)(6)provides encompassing MS4 permit is designation.Today's rule modifies the authority to designate such sources. appropriate. subsection(D)to clarify that the The Agency can designate a category 4.Residual Designation Authority designation authority can be applied of"not yet identified"sources to be within different geographic areas to any regulated,based on local concerns,even The NPDES permitting authority's single discharge(i.e.,a specific facility), if data do not exist to support existing designation authority,as well or category of discharges that are nationwide regulation of such sources. as the petition provisions are being contributing to a violation of a water EPA does not interpret the language in retained.Today's rule contains two quality standard or are significant CWA section 402(p)to preclude States provisions related to designation contributors of pollutants to waters of from exercising designation authority authority at§§122.26(a)(9)(i)(C)and(D). the United States.The added term under these provisions because such Subsection(C)adds designation "within a geographic area"allows designation(and subsequent regulation authority where storm water controls "State-wide"or"watershed-wide" of designated sources)is within the are needed for the discharge based upon designation within the meaning of the "scope"of the NPDES program. wasteload allocations that are part of terms. EPA also believes that sources TMDLs that address the pollutant(s)of One commenter questioned the regulated pursuant to a State concern.EPA intends that the NPDES Agency's legal authority to provide for designation are part of(and regulated permitting authority have discretion in such residual designation authority.The under)a federally approved State the matter of designations based on stakeholder argued that the lapse of the NPDES program,and thus subject to TMDLs under subsection(C). October 1, 1994,permitting moratorium enforcement under CWA sections 309 Subsection(D)carries forward residual under CWA section 402(p)(1)eliminated and 505.Under existing NPDES State designation authority under former the significance of the CWA section program regulations,State programs that §122.26(g),and has been modified to 402(p)(2)exceptions to the moratorium, are"greater in scope of coverage"are provide clarification on categorical including the exception for discharges not part of the federally-approved designation.Under today's rule,EPA of storm water determined to be program.By contrast,any such State and authorized States continue to contributing to a violation of a water regulation of sources in this"reserved exercise the authority to designate quality standard or a significant category"will be within the scope of the remaining unregulated discharges contributor of pollutants under CWA federal program because today's rule composed entirely of storm water for section 402(p)(2)(E).The stakeholder recognizes the need for such post regulation on a case-by-case basis further argued that EPA's authority to promulgation designations of (including§123.35). Individual sources designate sources for regulation under unregulated point sources of storm are subject to regulation if EPA or the CWA section 402(p)(6)is limited to water.Such regulation will be"more State,as the case may be,determines storm water discharges other than those stringent"than the federal program that the storm water discharge from the described under CWA section 402(p)(2). rather than"greater in scope of source contributes to a violation of a Because CWA section 402(p)(2)(E) coverage" (40 CFR 123.1(h)). water quality standard or is a significant describes individually designated EPA does not interpret the contributor of pollutants to waters of the discharges,the stakeholder concluded congressional direction in CWA section United States.This standard is based on that regulations under CWA section 402(p)(6)to preclude regulation of point the text of section CWA 402(p).In 402(p)(6)cannot provide for post- sources of storm water that should be today's rule,EPA believes,as Congress promulgation designation of individual regulated to protect water quality. did in drafting section CWA sources.EPA disagrees. Under CWA section 510,Congress 402(p)(2)(E),that individual instances of First,as explained previously,EPA expressly recognized and preserved the storm water discharge might warrant anticipates that NPDES permitting authority of States to adopt and enforce 68782 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations more stringent regulation of point rulemaking,a portion of the definition to all industrial facilities,even those sources,as well as any requirement of"storm water discharge associated "light industrial"activities that are of respecting the control or abatement of with industrial activity"that excluded very low risk or of no risk to storm pollution.Section 510 applies,"except the category of industrial activity water contamination. Such dischargers as expressly provided"in the CWA. identified as "light industry"when may not have any industrial sources of CWA section 502(14)does expressly industrial materials and/or activities storm water contamination on the plant provide affirmative limitations on the were not exposed to storm water.See site,yet they are still required to apply regulation of certain pollutant sources NRDC v.EPA,966 F.2d 1292,1305 (9th for an NPDES storm water permit and through the point source control Cir. 1992).Today's final rule responds meet all permitting requirements. program,the NPDES permitting to that remand. In the 1990 storm water Examples of such facilities are a soap program. Section 502(14)excludes regulations,EPA excluded the light manufacturing plant(SIC Code 28)or agricultural storm water and return industry category from the requirement hazardous waste treatment and disposal flows from irrigated agriculture from the for an NPDES permit if the industrial facility,where all industrial activities, definition of point source,and section materials and/or activities were not even loading docks,are inside a 402(l)limits applicability of the section "exposed"to storm water(see building or under a roof. 402 permit program for return flows §122.26(b)(14)).The Agency had Although they did not provide a from irrigated agriculture,as well as for reasoned that most of the activity at written report,the FACA Committee storm water runoff from certain oil,gas, these types of facilities takes place members advised EPA that the existing and mining operations.Unlike sections indoors and that emissions from stacks, storm water program should be revised 502(14)and 402(1),EPA does not use of unhoused manufacturing to allow such facilities to seek an interpret CWA section 402(p)(6)as an equipment,outside material storage or exclusion from the NPDES storm water express provision limiting the authority disposal,and generation of large permitting requirements.The to designate point sources of storm amounts of dust or particles would be Committee agreed that such an water for regulation on a case-by-case atypical(55 FR 48008,November 16, exclusion should also provide a strong basis after the promulgation of final 1990)• incentive for other industrial facilities regulations.Any source of storm water The Ninth Circuit determined that the that conduct industrial activities discharge is encouraged to assess its exemption was arbitrary and capricious outdoors to move the activities under potential for storm water contamination for two reasons.First,the court found cover or into buildings to prevent and take preventive measures against that EPA had not established a record to contamination of rainfall and storm contamination.Such proactive actions support its assumption that light water runoff.The committee believed could result in the avoidance of future industry that was not exposed to storm that such a"no exposure"permit regulation. water was not"associated with exclusion could be a valuable incentive One comment was received industrial activity,"particularly when for storm water pollution prevention. requesting clarification of the term other types of industrial activity not In today's final rule,the Agency "non-municipal"in§122.26(a)(9)(ii). exposed to storm water remained responds to both of the bases for the The commenter is concerned that the "associated with industrial activity." court's remand.The exclusion from term"non-municipal,"in this context, The court specifically found that"[t]o permitting based on"no exposure" implies that municipally owned or exempt these industries from the normal applies to all industrial categories listed operated facilities cannot be designated. Permitting process based on an in the existing storm water regulations The term"non-municipal"in this unsubstantiated assumption about this except construction.The court's opinion context refers to the universe of group of facilities is arbitrary and rejected EPA's distinction between light unregulated industrial and commercial capricious."Second,the court industry and other industry,but it did facilities that could potentially be concluded that the exemption not preclude an interpretation that treats designated according to§122.26(a)(9)(i) impermissibly"altered the statutory all"non-exposed"industrial facilities in authority.There is no exemption for scheme"for permitting because the the same fashion.Presuming that an municipally owned or operated exemption relied on the unverified industrial facility adequately prevents facilities under these designation judgment of the light industrial facility exposure of industrial materials and provisions. operator to determine non-applicability activities to storm water,today's rule Finally,EPA received comments and of the permit application requirements. treats discharges from"non-exposed" evaluated the proposal under which In other words,the court was critical industrial facilities in a manner similar operators of regulated small,medium, that the operator would determine for to the way Congress intended for and large MS4s would be responsible itself that there was"no exposure"and discharges from administrative for controlling discharges from then simply not apply for a permit buildings and parking lots. Specifically, industrial and other facilities into their without any further action.Without a permits will not be required for storm systems in lieu of requiring NPDES basis for ensuring the effective operation water discharges from these facilities on permit coverage for such facilities.EPA of the permitting scheme ither that a categorical basis. did not adopt this framework due to facilities would self-report actual To assure that discharges from concerns with administrative and exposure or that EPA would be required industrial facilities really are similar to technical burden on the MS4 operators, to inspect and monitor such facilities— discharges from administrative as well as concerns about such an the court vacated and remanded the rule buildings and parking lots,and to intergovernmental mandate. to EPA for further rulemaking. respond to the second basis for the One of the major concerns expressed court's remand,the permitting J. Conditional Exclusion for"No by the FACA Committee,was that EPA exclusion is"conditional".The person Exposure"of Industrial Activities and streamline and reinvent certain responsible for a point source discharge Materials to Storm Water troublesome or problematic aspects of from a"no exposure"industrial source the existing permitting program for must meet the conditions of the 1.Background storm water discharges.One area exclusion,and complete,sign and In 1992,the Ninth Circuit court identified was the mandatory submit the certification to the remanded to EPA for further applicability of the permitting program permitting authority for tracking and Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68783 accountability purposes.EPA believes separate from industrial activities such increased pollutant loading and runoff today's rule,therefore,is fully as runoff from office buildings and volume,EPA's"no exposure" consistent with the direction provided accompanying parking lots,lawns and certification form(see Appendix 4)asks by the court. other non-industrial areas.This the discharger to indicate if they have EPA relied upon the"no exposure" approach is consistent with the existing paved or roofed over a formerly concept discussed by the FACA storm water rules which were based on exposed,pervious area in order to Committee in developing the"no Congress's intent to exclude non- qualify for the"no exposure"exclusion. exposure"provisions of today's rule. industrial areas such as"parking lots If the answer is yes,the discharger must EPA is deleting the sentence regarding and administrative and employee indicate,by choosing from three "no exposure"for the facilities in buildings." 133 Cong.Rec. 985(1987). possible responses,approximately how §122.26(b)(14)(xi)and adding a new EPA also lacks data indicating that much impervious area was created to §122.26(g)titled"Conditional discharges from these areas at an achieve"no exposure".The choices are: Exclusion for No Exposure of Industrial industrial facility cause significant (1)less than 1 acre,(2) 1 to 5 acres,and Activities to Storm Water."The"no receiving water impairments.Therefore, (3)more than 5 acres.This requirement exposure"provision will make storm the non-industrial areas at a facility do provides additional information that water discharges from all classes of not need to be assessed as part of the will aid in determining if discharges industrial facilities eligible for "no exposure"certification. from the facility are causing adverse exclusion,except storm water EPA received comments related to receiving water impacts.EPA intends to discharges from regulated construction industrial facilities that achieve"no prevent water quality impacts resulting activities.Regulated construction exposure"by constructing large from increased discharges of pollutants, activities cannot claim"no exposure" amounts of impervious surfaces,such as which may result from increased because the main pollutants of concern roofs,where previously there were volume of runoff. In many cases, (e.g.,sediment)generally cannot pervious or porous surfaces into which consideration of the increased flow rate, entirely be sheltered from storm water. storm water could infiltrate. Some velocity and energy of storm water Today's rule represents a significant commenters made the point that large discharges,following construction of expansion in the scope of the"no amounts of impervious area may cause large amounts of impervious surfaces, exposure"provision originally a significant increase in storm water must be taken into consideration in promulgated in the 1990 rule,which volume flowing off the industrial order to reduce the discharge of was only for storm water discharges facility,and thus may cause adverse pollutants,to meet water quality from light industry.The intent of receiving water impacts simply due to standards and to prevent degradation of today's"no exposure"provision is to the increased quantity of storm water receiving streams.EPA recommends provide a simplified method for flow.Some commenters said that storm that dischargers consider these factors complying with the CWA to all water discharges from impervious areas when making modifications to their site industrial facilities that are entirely at an industrial facility are generally in order to qualify for the"no exposure" indoors.This includes facilities that are more frequent,and often larger,than exclusion. located within a large office building,or discharges from the pre-existing natural 2 Today's Rule at which the only items permanently surfaces.They believe that these exposed to precipitation are roofs, discharges will contain pollutants In order to claim relief under the"no parking lots,vegetated areas,and other typical of commercial areas and roads exposure"provision,the discharger of non-industrial areas or activities. and are an equal threat to direct human an otherwise regulated facility must EPA received several comments uses of the water and can cause equal submit a no exposure certification that related to storm water runoff from damage to aquatic life and its habitat. incorporates the questions of parking lots,roof tops,lawns,and other Other commenters believe that if §122.26(g)(4)(iii)to the NPDES non-industrial areas of an industrial Congress or EPA addresses the issue of permitting authority once every 5 years. facility.Storm water discharges from flow,it should be addressed on a This provision applies across all these areas,which may contain broader scale than merely through the categories of industrial activity covered pollutants or which may result in "no exposure"exclusion,and that EPA by the existing program,except additional storm water flows,are not has no authority under any existing discharges from construction activities. directly regulated under the existing legal framework to regulate flow In addition to submitting a"no storm water permitting program because directly. Some commenters stated that exposure"certification every 5 years, they are not"storm water discharges developing federal parameters for the the facility must allow the NPDES associated with industrial activity". control of water quantity,i.e.flow, permitting authority or operator of an Many comments on this issue supported would result in federal intrusion into MS4(where there is a storm water maintaining the exclusion from the land use planning,an authority that discharge to the MS4)to inspect the existing regulations for storm water they claim is solely within the purview facility and to make such inspection permitting for discharges from of State governments and their political reports publicly available upon request. administrative buildings,parking lots, subdivisions. Also,upon request,the facility must and other non-industrial areas.Other EPA is not attempting to regulate flow submit a copy of the"no exposure" comments opposed allowing the via the"no exposure"provisions.EPA certification to the operator of the MS4 continued exclusion for discharges from does agree,however,that increases in into which the facility discharges(if non-industrial areas of the site because impervious surfaces can result in applicable).All"no exposure" discharges from these areas are increased runoff volumes from the site certifications must be signed in potentially a significant cause of which in turn may increase pollutant accordance with the signatory receiving water impairment.These loading.In addition,the Agency notes requirements of§122.22.The"no comments urged that such discharges that in some States water quality exposure"certification is non- should not be excluded from NPDES standards include water quality criteria transferable.In the event that the facility permit coverage.Today's rule does not for flow or turbidity.Therefore,in order operator changes,the new discharger require permit coverage for discharges to provide a minimal amount of must submit a new"no exposure" from a facility's exposed areas that are information on possible impacts from certification. 68784 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations Members of the FACA Committee individual or general permit to ensure request a copy of the certification,and urged that EPA not allow dischargers that appropriate actions are taken to can inspect the facility.The public can certifying"no exposure"to take actions address adverse water quality impacts. request a copy of the certification and/ to qualify for this provision that result While the intent of today's"no or inspection reports.In adopting these in a net environmental detriment.In exposure"provision is to reduce the conditional "no exposure"provisions, developing a regulatory implementation regulatory burdens on industrial the Agency addressed the Ninth Circuit mechanism,however,EPA found that facilities and government agencies,the court's ruling regarding the discharger's the phrase"no net environmental FACA Committee suggested that the unverified judgment. detriment,"was too imprecise to use NPDES permitting authority consider a EPA received one comment within this context.Therefore,today's compliance assessment program to requesting clarification on whether the rule addresses this issue by requiring ensure that facilities that have availed anti-backsliding provisions in the information that should help the themselves of this"no exposure"option regulations at§122.44(1)apply to permitting authority to determine meet the applicable requirements. P g ty industrial facilities that are currently whether actions taken to qualify for the Inspections could be conducted at the covered under an NPDES storm water exclusion interfere with the attainment discretion of the NPDES authority and permit,and whether such facilities or maintenance of water quality be coordinated with other facility q Y could qualify for the"no exposure" standards,including designated uses. inspections.EPA expects,however,that exclusion under today's rule.The anti- Permittingauthorities will be able, the permitting authority will conduct backsliding provisions will not prevent where necessary,to k inspections when it becomes aware of make a potential water quality impacts possibly most industrial facilities that can certify determination by evaluating the P q Y P P Y "no exposure"under today's rule from activities that changed at the industrial caused by the facility's storm water qualifying for an exclusion from site to achieve"no exposure",and discharges or when requested to do so permitting.The anti-backsliding assess whether these changes cause an by adversely affected members of the provisions contain 5 exceptions that adverse impact on,or have the public.The intent of this provision is P p P that the 5 year"no exposure" allow permits to be renewed,reissued or reasonable potential to cause an Y p modified with less stringent conditions. instream excursion of,water quality certification be fully available to,and One exception at§122.44(1)(2)(A) standards,includingdesignated uses. enforceable by,appropriate federal and g allows less stringent conditions if EPA anticipates that man efforts to State authorities under the CWA. P Y Private citizens can enforce against "material and substantial alterations or achieve"no exposure"will employadditions to the permitted facility simple good housekeeping and facilities for discharges of storm water P g P g occurred after permit issuance which contaminant cleanup activities.Other that are inconsistent with a"n° efforts may involve moving materials exposure"certificationjustify the application of a less stringent if storm water effluent limitation Section and industrial activities indoors into discharges from such facilities are not 122.44(1)(B)(1)also allows less stringent existing buildings or structures. otherwise permitted and in compliance with applicable requirements. requirements if"information is g In very limited cases,industrial EPA received comments from owners, available which was not available at the operators may make major changes at a operators and representatives of Phase I time of permit issuance and which site to achieve"no exposure".These facilities classified as"light industry"as Would have justified the application of efforts may include constructing a new defined by the regulations at less stringent effluent limitations at the building or cover to eliminate exposure §122.26(b)(14)(xi).The comments time of permit issuance."Facility's or constructing structures to prevent recommended maintaining the approach operators who certify"no exposure" run-on and storm water contact with of the existing regulations which does and submit the required information industrial materials or activities.Where not require the discharger to submit any once every 5 years will have provided major changes to achieve"no exposure" supporting documentation to the the permitting authority"information increase the impervious area of the site, permitting authority in order to claim that was not available at the time of the facility operator must provide this the"no exposure"exclusion from permit issuance."Also,some facilities information on the"no exposure" permitting.As discussed previously,the may,in order to achieve"no exposure", certification form as discussed above. "no exposure"concept was developed make"material and substantial Using this and other available data and in response to the Ninth Circuit court's alterations or additions to the permitted information,permitting authorities remand of part of the existing rules back facility."Therefore,most facilities should be able to assess whether any to EPA.The court found that EPA covered under existing NPDES general major change has resulted in increased cannot rely on the"unverified permits for storm water(e.g.,EPA's pollutant concentrations or loadings, judgment"of the facility.The comments Multi-Sector General Permit)will be toxicity of the storm water runoff,or a opposing documentation did not eligible for the conditional"no change in natural hydrological patterns address the"unverified judgment" exposure"exclusion from permitting that would interfere with the attainment concern. without concern about the anti- and maintenance of water quality Today's rule is a"conditional" backsliding provisions.Such standards,including designated uses or exclusion from permitting which dischargers will have met one or both of appropriate narrative,chemical, requires all categories,including the the anti-backsliding exceptions detailed biological,or habitat criteria where such "light industrial"facilities that have no above. Facilities that are covered under State or Tribal water quality standards exposure of materials to storm water,to individual permits containing numeric exist.In these instances,the facility submit a certification to the permitting limitations for storm water should operator and their NPDES permitting authority. Upon receipt of a complete consult with their permitting authority authority should take appropriate certification,the permitting authority to determine whether the anti- actions to ensure that attainment or can review the information,or call,or backsliding provisions will prevent maintenance of water quality standards inspect the facility if there are doubts them from qualifying for the exclusion can be achieved.The NPDES permitting about the facility's "no exposure"claim. from permitting(for that discharge authority should decide if the facility Also,if the facility discharges into an point)based on a certification of"no must obtain coverage under an MS4,the operator of the MS4 can exposure". Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68785 EPA received several comments discharger"must comply immediately definition are discussed in more detail regarding the timing of when the"no with all the requirements of the storm below. exposure"certification should be water program including applying for EPA intends the term"storm resistant submitted.The proposed rule said that and obtaining coverage under an NPDES shelter"to include completely roofed the"no exposure"certification notice permit,"if changes occur at the facility and walled buildings or structures,as must be submitted"at the beginning of which cause exposure of industrial well as structures with only a top cover each permit term or prior to activities or materials to storm water. but no side coverings,provided material commencing discharges during a permit The comments expressed the difficultly under the structure is not otherwise term."Some commenters interpreted of immediate compliance.EPA expects subject to any run-on and subsequent this statement to mean that existing that most facility changes can be runoff of storm water.While the Agency facilities can only submit the anticipated,therefore dischargers intends that this provision promote certification at the time a permit is being should apply for and obtain NPDES permanent"no exposure",EPA issued or renewed.EPA intended the permit coverage in advance of changes understands that certain vehicles could phrase"at the beginning of each permit that result in exposure to industrial pass between buildings and,during term"to mean"once every 5 years"and activities or materials.Permitting passage,be exposed to rain and snow. today's rule reflects this clarification. authorities may grant additional time, Adequately maintained vehicles such as EPA envisions that the NPDES storm on a case-by-case basis,for preparation trucks,automobiles,forklifts,or other water program will be implemented and implementation of a storm water such general purpose vehicles at the primarily through general permits pollution prevention plan. industrial site that are not industrial which are issued for a 5 year term. Finally,today's rule at§122.26(g)(4) machinery,and that are not leaking Likewise the"no exposure"certification includes the information which must be contaminants or are not otherwise a term is 5 years.The NPDES permitting included on the"no exposure" source of industrial pollutants,could be authority will maintain a simple certification.Authorized States,Tribes exposed to precipitation or runoff. Such registration list that should impose only or U.S.Territories may develop their activities alone does not prevent a a minor administrative burden on the own form which includes this required discharger from being able to certify no permitting authority.The registration information,at a minimum.EPA exposure under this provision. list will allow for tracking of industrial adopted the requirements(with Similarly,trucks or other vehicles facilities claiming the exclusion.This modification)from the draft"No awaiting maintenance at vehicle change allows a facility to submit a"no Exposure Certification Form"published maintenance facilities,as defined at exposure"certification at any time as an appendix to the proposed rule. §122.26(b)(14)(viii),that are not leaking during the term of the permit,provided Modifications were made to the draft contaminants or are not otherwise a that a new certification is submitted form to address comments received and source of industrial pollutants,are not every 5 years from the time it is first to streamline the required information. considered exposed. submitted(assuming that the facility EPA included these certification In addition,EPA recognizes that there maintains a"no exposure"status). Once requirements in today's rule in order to are circumstances where permanent"no a discharger has established that the preserve its integrity.Dischargers in exposure"of industrial activities or facility meets the definition of"no areas where EPA is the permitting materials is not possible.Under such exposure",and submits the necessary authority should use the"No Exposure conditions,materials and activities may "no exposure"certification,the Certification"form included in be sheltered with temporary covers, discharger must maintain their"no Appendix 4. such as tarps,between periods of exposure"status.Failure to maintain permanent enclosure.The final rule "no exposure"at their facility could 3.Definition of"No Exposure" does not specify every such situation. result in the unauthorized discharge of For purposes of this section,"no EPA intends that permitting authorities pollutants to waters of the United States exposure' means that all industrial will address this issue on a case-by-case and enforcement for violation of the materials or activities are protected by a basis.Permitting authorities can CWA.Where a discharger believes that storm resistant shelter to prevent determine the circumstances under exposure could occur in the future due exposure to rain,snow,snowmelt,and/ which temporary structures will or will to some anticipated change at the or runoff. Industrial materials or not meet the requirements of this facility,the discharger should submit an activities include,but are not limited to, section. Until permitting authorities application and obtain coverage under material handling equipment or specifically determine otherwise,EPA an NPDES permit prior to such activities,industrial machinery,raw recommends application of the"no discharge to avoid penalties. materials,intermediate products,by- exposure"exclusion for temporary Where EPA is the permitting products,final products,or waste sheltering of industrial materials or authority,dischargers may submit a"no products. Material handling activities activities only during facility renovation exposure"certification at any time after include the storage,loading and or construction,provided that the the effective date of today's rule.Where unloading,transportation,or temporary shelter achieves the intent of EPA is not the permitting authority, conveyance of any raw material, this section.Moreover, "exposure"that dischargers may not be able to submit intermediate product,final product or results from a leak in protective the certification until the non-federal waste product.However,storm resistant covering would only be considered permitting authority completes any shelter is not required for:(1)Drums, "exposure"if not corrected prior to the necessary statutory or regulatory barrels,tanks,and similar containers next storm water discharge event.EPA changes to adopt this"no exposure" that are tightly sealed,provided those received one comment requesting that provision.EPA recommends that the containers are not deteriorated and do this allowance for temporary shelter be discharger contact the permitting not leak; (2)adequately maintained limited to facility renovation or authority for guidance on when the"no vehicles used in material handling;and construction directly related to the exposure"certification should be (3)final products,other than products industrial activity requiring temporary submitted. that would be mobilized in storm water shelter,and be scheduled to minimize EPA received comments on the discharge(e.g.,rock salt).Each of these the use of temporary shelter.Another proposed rule requirement that the three exceptions to the no exposure comment suggested placing time limits 68786 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations on the use of temporary shelter.The judgment"of the light industrial facility EPA received several comments commenter did not recommend a operator to determine the non- related to trash dumpsters that are specific time period,rather the applicability of the permit requirements, located outside.The preamble to the comment said that renovation in some and that allowing the facility operator to proposed rule listed dumpsters in the instances may take years,and that EPA determine the condition of their drums same grouping as drums and barrels, should not allow temporary shelter over and barrels would result in the same which based exposure on the"potential prolonged periods.EPA agrees that the flaw. to leak".Today's rule distinguishes use of temporary shelter must be related In response,EPA believes that drums between dumpsters and drumsibarrels. to the renovation or construction at the and barrels that are stored outdoors pose In the Phase I Question and Answer site,and be scheduled or designed to little risk of storm water contamination document(volume 1,question 52)the minimize the use of temporary shelter. unless they are open, deteriorated or Agency noted that a covered dumpster Further,EPA agrees that the use of leaking.The Agency has modified containing waste material that is kept temporary shelter should be limited in today's rule accordingly.EPA intends outside is not considered"exposed"as duration,but does not intend to define the term"open"to mean any container long as"the container is completely "temporary"or"prolonged period". that is not tightly sealed and"sealed"to covered and nothing can drain out holes Many final products are intended for mean banded or otherwise secured and in the bottom,or is lost in loading onto outdoor use and pose little risk of storm without operational taps or valves. a garbage truck."EPA affirms this water contamination,such as new cars. Drums,barrels,tanks,and similar approach today.Industrial refuse and Therefore,final products,except those containers may only be stored outdoors industrial trash that is left uncovered is that can be mobilized in storm water under discharge,can this conditional exclusion.The deemed"exposed." addition of material to or withdrawing For purposes of this provision, allow the discharge certify"no"exposed"and still"final of material from these containers while particulate matter emissions from roof exposure".EPA intends the term products"to mean those products that outside is deemed"exposure".Moving stacks/vents that are regulated and in the containers while outside does not compliance under other environmental are not used in producing another create"exposure"provided that the protection programs,such as air quality product.Any product that can be used containers are not open,deteriorated or control programs,and that do not cause to make another product is considered leaking.In order to complete the"no storm water contamination,are an"intermediate product."For exposure"certification,a facility considered"not exposed."EPA example,a facility that makes horse operator must inspect all drums,barrels, received comments on the phrase in the trailers can store the finished trailers outdoors as a final product.The storage tanks or other containers stored outside draft"no exposure"certification form to ensure that they are not open, that asked whether"particulate of those final products does not prevent deteriorated,or leaking.EPA emissions from roof stacks/vents not eligibility a claim"no exposure". recommends that the discharger otherwise regulated,and in quantities However,any facility that makes parts g g for the horse trailers(e.g.,metal tubing, designate someone at the facility to detectable in the storm water outflow," sheet metal,paint) is not eligible for the conduct frequent inspections to verify are exposed to precipitation.One "no exposure"exclusion from that the drums,barrels,tanks or other comment expressed concern that the permitting if those"intermediate containers remain in a condition such phrase"in quantities detectable in the products"are stored outdoors(i.e., that they are not open,deteriorated or storm water outflow"implies that the "exposed"). leaking.Drums,barrels,tanks or other facility must conduct monitoring prior EPA received comments related to containers stored outside that have to completing the checklist,and must materials in drums,barrels,tanks and valves which are used to put material in continue to monitor after receiving the similar containers. Some comments or take material out of the container, no exposure exclusion,in order to be objected to the language in the preamble and that have dripped or may drip,are able to verify compliance with the no to the proposed rule that would have considered to be"leaking"and must be exposure provision.Another comment recommended that the"exposure" under a storm resistant shelter in order said that current measurement determination for drums and barrels be to qualify for the no exposure exclusion. technology allows detection of based on the"potential to leak."Those Likewise,leaking pipes containing pollutants at levels that may not cause comments said that all drums and contaminants exposed to storm water environmental harm.EPA does not barrels have the potential to leak, are deemed"exposed."If at any time intend to require monitoring of runoff thereby making certification impossible. drums,barrels,tanks or similar from facilities with roof stacks/vents They recommended allowing outdoor containers are opened,deteriorated or prior to or after completing and storage of drums and barrels except for leaking,the discharger should take submitting the no exposure certification. those that"are leaking"at the time of immediate actions to close or replace EPA has thus replaced the phrase"in certification. Other comments suggested the container.Any resulting quantities detectable"with"evident"to allowing drums and barrels to be stored unpermitted discharge would violate convey the message that emissions from outside only if the drums and barrels: the CWA.The Director,the operator of some roof stacks/vents have the are empty;have secondary containment; the MS4,or the municipality may potential to contaminate storm water or there is a spill contingency plan in inspect the facility to verify that all of discharges in quantities that are place.Opposing comments suggested the applicable areas meet the"no considered significant or that cause or that allowing outdoor exposure of exposure"conditions as specified in the contribute to a water quality standards drums and barrels,based on existing rule language.In requiring submission violation. In those instances where the integrity and condition,is inconsistent of the conditional"no exposure" permitting authority determines that with the"however packaged"proposed certification and allowing the permitting particulate emissions from facility roof rule language,and also would not authority and the operator of the MS4 to stacks/vents are a significant contributor satisfy the Ninth Circuit remand.The inspect the facility,today's rule does not of pollutants or contributing to water comments point out that the former rule rely on the unverified judgment of the quality violations,the permitting was invalidated by the court in part facility to determine that the no authority may require the discharger to because it relied on the"unverified exposure provision is being met. apply for and obtain coverage under a Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68787 permit.Visible deposits of residuals residents and businesses could be Such information may also be available (e.g.,particulate matter)near roof or subject to a local ordinance that from local environmental,nonprofit and side vents are considered"exposed". prohibits dumping used oil down storm industry groups. Likewise,visible"track out" (i.e., sewers).Finally,the program is also Some commenters stressed the need pollutants carried on the tires of more likely to receive public support to suggest to the public that they have vehicles)or windblown raw materials and participation when the public is a responsibility to fund the municipal are deemed"exposed." actively involved from the program's storm water program. While EPA EPA received a comment requesting inception and allowed to participate in believes it is important that the program an allowance under the"no exposure" the decision making process. be adequately funded,today's rule does provision for industrial facilities with In a time of limited staff and financial not address appropriate mechanisms or several outfalls at a site where some,but resources,public volunteers offer levels for such funding. not all of the outfalls drain non-exposed diverse backgrounds and expertise that EPA received comments expressing areas.The commenter provided an may be used to plan,develop,and concern that considerable public example of an industrial facility that has implement a program that is tailored to involvement requirements could result 5 outfalls draining different areas of the local needs(e.g.,participate in public in increased litigation.EPA is not site,where two of those outfalls drain meetings and other opportunities for convinced there is a correlation between areas where industrial activities or input,perform lawful volunteer meaningful public education programs materials are not exposed to storm monitoring,assist in program and any increased probability of water.The comment requested that the coordination with other preexisting and litigation. facility in this example be allowed to related programs,aid in the Finally,EPA received comments submit a"no exposure"certification in development and distribution of stating that the Agency should not en order to be relieved of permitting educational materials,and provide courage volunteer monitoring unless obligations for discharges from those public training activities).The public's proper procedures are followed.EPA two outfalls. participation is also useful in the areas agrees.EPA encourages only lawful EPA agrees,but the comment would of information dissemination/education monitoring,i.e.,obtaining the necessary be implemented on an outfall-by-outfall and reporting of violators,where large approval if there is any question about basis in the permitting process,not numbers of community members can be lawful access to sites.Moreover,as a through the"no exposure"exclusion. more effective than a few regulators. matter of good practice and to enhance The"no exposure"provision was The public can also petition the the validity and usefulness of the developed to allow exclusion from NPDES permitting authority to require results,any party,public or private, permitting of discharges from entire an NPDES permit for a discharge conducting water quality monitoring is industrial facilities(except composed entirely of storm water that encouraged to use appropriate quality construction),based on a claim of"no contributes to a violation of a water control procedures and approved exposure"for all areas of the facility quality standard or is a significant sampling and analytic methods. where industrial materials or activities contributor of pollutants to waters of the occur.Where exposure to industrial United States.In evaluating such a L. Water Quality Issues materials or activities exist at some but petition,the NPDES permitting 1.Water Quality Based Effluent Limits not all areas of the facility,the"no authority is encouraged to consider the exposure"exclusion from permitting is set of designation criteria developed for In addition to technology based not allowed because permit coverage is the evaluation of small MS4s located requirements,all point source still required for storm water discharges outside of an urbanized area in places discharges of industrial storm water are from the exposed areas.Relief from with a population of at least 10,000 and subject to more stringent NPDES permit requirements for outfalls a population density of 1,000 or more. permitting requirements when draining non-exposed areas should be Furthermore,any person can protect necessary to meet water quality addressed through the permit process, water bodies by taking civil action standards. CWA sections 402(p)(3)(A) in coordination with the permitting under section 505 of the CWA against and 301(b)(1)(C).For municipal separate authority.Most NPDES general permits any person who is alleged to be in storm sewers,EPA or the State may for storm water discharge provide violation of an effluent standard or determine that other permit provisions enough flexibility to allow minimal or permit condition. If civil action is taken, (e.g.one of the minimum measures)are no requirements for non-exposed areas EPA encourages citizen plaintiffs to appropriate to protect water quality and, at industrial facilities.If the permitting resolve any disagreements or concerns for discharges to impaired waters,to authority determines that additional directly with the parties involved,either achieve reasonable further progress flexibility is needed for this scenario, informally or through any available toward attainment of water quality the permits could be modified as alternative dispute resolution process. standards pending implementation of a necessary. EPA recognizes that public TMDL.CWA section 402(p)(3)(B)(iii). K.Public Involvement/Public Role involvement and participation pose See Defenders of Wildlife,et al. challenges.It requires a substantial Browner,No. 98-71080(9th cir.,August The Phase II FACA Subcommittee initial investment of staff and financial 11, 1999).Discharges of storm water discussed the appropriate role of the resources,which could be very limited. also must comply with applicable public in successful implementation of Even with this investment,the public antidegradation policies and a municipal storm water program.EPA might not be interested in participating, implementation methods to maintain believes that an educated and actively In addition,public participation could and protect water quality.40 CFR involved public is essential to a slow down the decision making process. 131.12.Section 122.34(a)emphasizes successful municipal storm water However,the benefits are numerous. this point by specifically noting that a program.An educated public increases EPA encourages members of the storm water management program program compliance from residents and public to contact the NPDES permitting designed to reduce the discharge of businesses as they realize their authority or local MS4s operator for pollutants from the storm sewer system individual and collective responsibility information on the municipal storm "to the maximum extent practicable"is for protecting water resources(e.g.,the water program and ways to participate. also designed to protect water quality. 68788 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations Permits issued to non-municipal appropriate for NPDES storm water One commenter challenged the sources of storm water must include permits,EPA is adopting an interim Interim Permitting Policy on a water quality-based effluent limits permitting approach for regulating wet procedural basis,arguing that it was where necessary to meet water quality weather storm water discharges.Due to published without opportunity for standards. the nature of storm water discharges, public notice and comment.In Commenters challenged EPA's and the typical lack of information on response,EPA notes that the Policy was interpretation of the CWA as requiring which to base numeric water quality- included verbatim and made available water quality-based effluent limits for based effluent limitations(expressed as for public comment in the proposal to MS4s when necessary to protect water concentration and mass),EPA will use today's final rule.Prior to that proposal, quality.Commenters asserted that CWA an interim permitting approach for the Agency defended the application of 402(p)(3)(B),which addresses permit NPDES storm water permits. the Policy on a case-by-case basis in requirements for municipal discharges, "The interim permitting approach individual permit proceedings. limits the scope of municipal program uses best management practices (BMPs) Moreover,the essential elements of the requirements to an effective prohibition in first-round storm water permits,and Policy—that narrative effluent on non-storm water discharges to a expanded or better-tailored BMPs in limitations are the most appropriate separate storm sewer and to controls subsequent permits,where necessary,to form of effluent limitations for storm which reduce pollutants to the provide for the attainment of water water dischargers from municipal "maximum extent practicable,including quality standards.In cases where sources—was inherent in§122.34(a)of management practices,control adequate information exists to develop the proposed rule,and was the subject techniques and system design and more specific conditions or limitations of extensive public comment. In any engineering methods."They asserted to meet water quality standards,these event,the Policy does not constitute a that the final rule should clarify that conditions or limitations are to be binding obligation.It is policy,not neither numeric nor narrative water incorporated into storm water permits, regulation. quality-based limits are appropriate or as necessary and appropriate.This Consistent with the recognition of authorized for MS4s. interim permitting approach is not data needs underlying the Policy,EPA EPA disagrees that section 402(p)(3) intended to affect those storm water will evaluate the small MS4 storm water divests permitting authorities of the regulations after the second round of tools necessary to issue permits to meet Permits that already include appropriately derived numeric water permit issuance.Section 122.34(e)(2)of water quality s. oday's rule 402(p)(3)(B)(iii)specifically pro serves quality-based effluent limitations.Since the interim ten-year "EPA for the authority for EPA or the State to the interim permitting approach only y addresses water quality-based effluent strongly recommends that until the include other provisions determined limitations,it also does not affect evaluation of the storm water program appropriate to reduce pollutants in technology-based effluent limitations, in§122.37,no additional requirements technolo order to protect water quality.Defenders beyond the minimum control measures ofW pp'e,slip o at 11688.Small such as those based on effluent Wildlife, limitations guidelines or developed be imposed on regulated small MS4s MS4s regulated under today's rule are using best professional judgment,that without the agreement of the operator of designated under CWA 402(p)(6)"to are incorporated into storm water the affected small MS4,except where an protect water quality." approved TMDL or equivalent analysis Commenters argued that water quality permits. provides adequate information to standards,particularly numeric criteria, "Each storm water permit should develop more specific measures to were not designed to address storm include a coordinated and cost-effective protect water quality."This approach water discharges.The episodic nature monitoring program to gather necessary addresses the concern for protecting and magnitude of storm water events, information to determine the extent to water resources from the threat posed by they argue,make it impossible to apply Which the permit provides for storm water discharges with the the"end of pipe"compliance attainment of applicable water quality important qualification that there must assessment approach,for example,in standards and to determine the be adequate information on the the development of water quality based appropriate conditions or limitations of watershed or a specific site as a basis for effluent limits. subsequent permits.Such a monitoring requiring tailored storm water controls EPA's disagrees with the commenters program may include ambient beyond the minimum control measures. arguments about the inability of water monitoring,receiving water assessment, As indicated,the Interim Permitting quality criteria to address high flow discharge monitoring(as needed),or a Policy has several important conditions.Today's final rule does, combination of monitoring procedures limitations—it does not apply to however,address the concern that designed to gather necessary technology-based controls or to sources numeric effluent limits will necessitate information. that already have numeric end of pipe end of pipe treatment and the need to "This interim permitting approach effluent limitations. EPA encourages provide a workable alternative. applies only to EPA;however,EPA also authorized States and Tribes to adopt Today's rule was developed under the encourages authorized States and Tribes policies similar to the Interim approach outlined in the Interim to adopt similar policies for storm water Permitting Policy when developing Permitting Policy for Water Quality- permits.This interim permitting storm water discharge programs. For a Based Effluent Limitations in Storm approach provides time,where discussion of appropriate monitoring Water Permits,issued on August 1, necessary,to more fully assess the range activities,see Section H.3.d.,Evaluation 1996. 61 FR 43761 (November 26, 1996) of issues and possible options for the and Assessment. (the"Interim Permitting Policy").EPA control of storm water discharges for the Where a water quality analysis intends to issue NPDES permits protection of water quality.This interim indicates there is a need and basis for consistent with the Interim Permitting permitting approach may be modified as deriving water quality-based effluent Policy,which provides as follows: a result of the ongoing Urban Wet limits in NPDES permits for storm water In response to recent questions Weather Flows Federal Advisory discharges regulated under today's rule, regarding the type of water quality- Committee policy dialogue on this EPA believes that most of these cases based effluent limitations that are most subject." would be satisfied by narrative effluent Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68789 limitations that require the criteria,variances to the criteria during general use classifications,a State or implementation of BMPs.NPDES permit wet weather events,and seasonal Tribe must ensure that the criteria are limits will in most cases continue to be designated uses.Other commenters sufficiently protective to safeguard the based on the specific approach outlined noted that water quality-based effluent full range of waters of the State,i.e., in today's rule for the implementation of limits in NPDES permits have criteria would be based on the most BMPs as the most appropriate form of traditionally been developed based on sensitive use.This approach has been effluent limitation to satisfy technology dry weather flow conditions(e.g., disputed,especially for aquatic life and water quality-based requirements. assuming critical low-flow conditions in uses,where evidence suggests that the See§122.34(a).For storm water the receiving water to ensure protection general use criteria will require controls management plans with existing BMPs, of aquatic life and human health).Wet more stringent than needed to protect this may require further tailoring of weather discharges,however,typically the existing or potential aquatic life BMPs to address the pollutant(s)of occur under high-flow conditions in the community for a specific water body. concern,the nature of the discharge and receiving water.Assumptions regarding EPA recognizes that there is a growing the receiving water.If the permitting mass balance equations and size of need to more precisely tailor use authority determines that,through mixing zones may also not be pertinent descriptions and criteria to match site- implementation of appropriate BMPs during wet weather. specific conditions,ensuring that uses required by the NPDES storm water EPA acknowledges the need to devise and criteria provide an appropriate level permit,the discharge has the necessary a regulatory program that is both of protection,which,to the extent controls to provide for attainment of flexible enough to accommodate the possible,are not overprotective.EPA is water quality standards,additional episodic nature,variability and volume engaged in an ongoing evaluation of its controls are not needed in the permit. of wet weather discharges and regulations in this area through the Conversely,if a discharger(MS4, prescriptive enough to ensure protection ANPRM effort.At the same time,EPA industrial or construction)fails to adopt of the water resource.EPA believes that continues to encourage States and and implement adequate BMPs,the wet weather discharges can be Tribes to review the applicability of the permittee and/or the permitting adequately addressed in the existing designated uses and associated criteria authority should consider a different regulations through refining designated using existing provisions in the water mix of BMPs or more specific uses and assigning criteria that are quality standards regulation. conditions to ensure water quality tailored to the level of water quality protection. protection described by the refined 2.Total Maximum Daily Loads and Analysis To Determine the Need for Some commenters observed that there designated use. was no evidence from the experience of EPA believes that lack of precision in Water Quality-Based Limitations storm water dischargers regulated under assigning designated uses and The development and implementation the existing NPDES storm water corresponding criteria by States and of total maximum daily loads(TMDLs) program,or from studies or reports that Tribes,in many cases may result in provide a link between water quality allegedly support EPA's position,that application of water quality criteria that standards and effluent limitations. CWA implementation of BMPs to satisfy the may not appropriately match the section 303(d)requires States to develop six minimum control measures would intended condition of the water body. TMDLs to provide more stringent water meet applicable water quality standards States and Tribes have frequently quality-based controls when technology- for a regulated small MS4.In response, designated uses without regard to site- based controls are inadequate to achieve EPA acknowledges that the six specific wet weather conditions. applicable water quality standards.A minimum measures are intended to Because certain uses(swimming,for TMDL is the sum of the individual implement the statutory requirement to example)might not exist during high- wasteload allocations for point sources control discharges to the maximum intensity storm events or in the winter, and load allocations for nonpoint extent practicable,and they may not States may factor such climatic sources,with consideration for natural result in the attainment of water quality conditions and seasonal uses into their background conditions.A TMDL standards in all cases.The control use designations with appropriate quantifies the maximum allowable measures do,however,focus on and analyses.This would acknowledge that loading of a pollutant to a water body address well-documented threats to a lower level of control,at lower and allocates this maximum load to water quality associated with storm compliance cost,would be appropriate contributing point and nonpoint sources water discharges.Based on the to protect that use. Before modifying so that water quality criteria will not be collective expertise of the FACA Sub- any designated use,however,States exceeded and designated uses will be committee,EPA believes that would need to evaluate the effect of less protected.A TMDL also includes a implementation of the six minimum stringent water quality criteria on margin of safety to account for measures will,for most regulated small protecting other uses,including any uncertainty about the relationship MS4s,be adequate to protect water threatened or endangered species, between pollutant loads and water quality,and for other regulated small drinking water supplies and quality. MS4s will substantially reduce the downstream uses.EPA will further Today's final rule refers to TMDLs in adverse impacts of their discharges on evaluate these issues in the context of several provisions.For the purpose of water quality. the Water Quality Standards Regulation, today's rule,EPA relies on the Some commenters asserted that Advance Notice of Proposed Rule component of the TMDL that evaluates analyses,of existing water quality Making(ANPRM),63 FR,36742,July 7, existing conditions and allocates loads. criteria suggest that numeric criteria for 1998. For discharges to waters that are not aquatic life may be overprotective if One of the major themes presented by impaired and for which a TMDL has not applied to storm water discharges. EPA in the ANPRM is that refinement been developed,today's rule also refers These comments maintained that an in use designations and tailoring of to an"equivalent analysis."The approach that prohibits exceedance of water quality criteria to match refined discussion that follows uses the term applicable water quality criteria is use designations is an important future "TMDL"for both. unworkable.Various commenters direction of the water quality standards Under revised§122.26(a)(9)(i)(C),the recommended wet weather specific program.In assigning criteria to protect permitting authority may designate 68790 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations storm water discharges that require where necessary,may be numeric exceptions to this prohibition known as NPDES permits based on TMDLs that pollutant effluent limitations. "antibacksliding exceptions." address the pollutants of concern.For Commenters,generally from the The issue of backsliding from prior storm water discharges associated with regulated community,objected that,due permit limits,standards,or conditions small construction activity, to references to the need to develop a is not expected to initially apply to most §122.26(b)(15)(i)(B)provides a waiver program"to protect water quality"and storm water dischargers designated provision where it may be determined to additional NPDES permit under today's proposal because they that storm water controls are not needed requirements beyond the minimum generally have not been previously based on TMDLs that address sediment control measures based on TMDLs or authorized by an NPDES permit. and any other pollutants of concern. their equivalent,regulated small MS4s However,the backsliding prohibition The NPDES permitting authority may will be subject to uncertain permit would apply if a storm water discharge waive requirements under the program limitations beyond the six minimum was previously covered under another for certain small MS4s within urbanized control measures.Commenters also NPDES permit.Also,the backsliding areas serving less than 1,000 persons asserted that through the imposition of prohibition could apply when an provided that,if the small MS4 a wasteload allocation under a TMDL in NPDES storm water permit is reissued, discharges any pollutant that has been impaired water bodies,there is a renewed,or modified.In most cases, identified as a cause of impairment of a likelihood that unattainable,yet however,EPA does not believe that water body into which it discharges,the enforceable narrative and numeric these provisions would restrict revisions discharge is in compliance with a standards will be imposed on regulated to storm water NPDES permits. wasteload allocation in a TMDL for the small MS4s. One commenter questioned whether, pollutant of concern.The permitting As is discussed in the preceding if BMPs implemented by a regulated authority may also waive requirements small MS4 operator fail to produce section,NPDES permits must include for MS4s in urbanized areas serving results in removal of pollutants and the between 1,000 and 10,000 persons,if any more stringent limitations when necessary to meet water quality permittee attempts to substitute a more the permitting authority determines that standards.However,even if a regulated effective BMP,the small MS4 operator storm water controls are not needed,as could be accused of violating the anti- provided in§123.35(d)(2). See small MS4 is subject to water quality backsliding provisions and also be §122.32(c). based effluent limits,such limits may be exposed to citizen lawsuits.In response, Under CWA section 303(d),States in the form of narrative effluent EPA notes that in such circumstances identify which of their water bodies limitations that require the im implementation of BMPs.As discussed the MS4's permit has not changed and, need TMDLs and rank them in order of p. therefore,the prohibition against priority.Generally,once a TMDL has earlier,EPA has adopted the Interim P itti Pli backsliding is not applicable.Further, been completed for one or more ermng ocy and incorporated it in any change in the mix of BMPs that was t l'd f t t l o today's rue o development pollutants in a water body,a wasteload the intended to be more effective at allocation for each point source recognize the appropriateness of BMP- controlling pollutants would not be discharging the pollutant(s)is based limits developed on a case-by- considered backsliding,even if it did implemented as an enforceable case basis. not include all of the previously condition in the NPDES permit. EPA formed a Federal Advisory implemented BMPs. Regulated small MS4s are essentially Committee to provide advice to EPA on like other point source discharges for identifying water quality-limited water 4.Water Quality-Based Waivers and purposes of the TMDL process. bodies,establishing TMDLs for them as Designations A TMDL and the resulting wasteload appropriate,and developing appropriate Several sections of today's final rule allocations for pollutant(s)of concern in Watershed protection programs for these refer to water quality standards in a water body may not be available impaired waters in accordance with identifying those storm water discharges because the water body is not on the CWA section 303(d).Operating under that are and are not required to be State's 303(d)list,the TMDL has not yet the auspices of the National Advisory permitted under today's rule.As noted been completed,or the TMDL did not Council for Environmental Policy and in§122.30 of today's rule,CWA section include specific pollutants of concern. Technology(NACEPT),the committee 402(p)(6)requires the designation of In these cases,the permitting authority produced its Report of the Federal municipal storm water sources that must determine whether point sources Advisory Committee on the Total need to be regulated to protect water discharge pollutant(s)in amounts that Maximum Daily Load(TMDL)Program quality and the establishment of a cause,have the reasonable potential to (July 1998).EPA recently published a comprehensive storm water program to cause,or contribute to excursions above proposed rule to implement the Report's regulate these sources.Requirements State water quality standards,including recommendations(64 FR 46012,August applicable to certain municipal sources narrative water quality criteria.This so- 23,1999). may be waived based on the absence of called"reasonable potential"analysis is 3.Anti-Backsliding demonstrable water quality impacts. intended to determine whether and for Section 122.32(c).The section 402(p)(6) what pollutants water quality based In general,the term"anti- mandate to protect water quality also effluent limits are required.The analysis backsliding"refers to statutory provides the basis for regulating is,in effect,a substitute for a similar provisions at CWA sections 303(d)(4) discharges associated with small determination that would be made as and 402(o)and regulatory provisions at construction. See also§122.26(b)(15)(i). part of a TMDL,where necessary.When 40 CFR 122.44(1).These provisions Further,today's rule carries forward the "reasonable potential"exists, prohibit the renewal,reissuance,or existing authority for the permitting regulations at§122.44(d)require a modification of an existing NPDES authority to designate sources of storm water quality-based effluent limit for the permit that contain effluent limits, water discharges based upon water pollutant(s)of concern in NPDES permit terms,limitations and quality considerations. Section permits.The water quality-based conditions,or standards that are less 122.26(a)(9)(i)(C)and(D). effluent limits may be narrative stringent than those established in the As is discussed above in sections requirements to implement BMPs or, previous permit.There are also II.H.2.e(for small MS4s)and II.I.l.b.ii Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68791 (for small construction),the threat to water quality that was the basis because there is not an initial outlay of requirements of today's rule may be for EPA's designation. capital costs with benefits accruing in waived based on wasteload allocations III.Cost-Benefit Analysis the future(i.e.,benefits and costs are that are part of"total maximum daily almost immediately at a steady state),it loads" (TMDLs)that address the EPA has determined that the range of is not necessary to discount costs in pollutants of concern or,in the case of the rule's benefits exceeds the range of order to account for a time differential. small construction and municipalities regulatory costs.The estimated rule EPA developed detailed estimates of serving between 1,000 and 10,000 costs range from$847.6 million to the costs and benefits of complying with persons,the equivalents of TMDLs.One $981.3 million annually with each of the incremental requirements commenter stated that waivers would corresponding estimated monetized imposed by the rule.The Agency used allow exemptions to the technology annual benefits which range from two approaches,a national water quality based requirements and would thus be $671.5 million to$1.628 billion, model and national water quality inconsistent with the two-fold approach expected to exceed costs. assessment,to estimate the potential of the CWA(a technology based The rule's cost and benefit estimates benefits of the rule. Both approaches minimum and a water quality based are based on an annual comparison of show that the benefits are likely to overlay).EPA acknowledges that costs and benefits for a representative exceed costs. waivers are not allowed for other year(1998)in which the rule is These estimates,including technology-based requirements under implemented.This differs from the descriptions of the methodology and the CWA.A more flexible approach is approach used for the proposed rule assumptions used,are described in allowed,however,for sources which projected cost and benefits over detail in the Economic Analysis of the designated for regulation under three permit terms.EPA has chosen to Final Phase 77 Rule,which is included 402(p)(6)to protect water quality. For use the current approach because it in the record of this rule making. such sources EPA may allow a waiver determined that the ratio of annual Exhibit 3 summarizes costs and benefits where it is demonstrated that an benefits and costs would not change associated with the basic elements of individual source does not present the significantly over time.Moreover, today's rule. EXHIBIT 3.—COMPARISON OF ANNUAL COMPLIANCE COST AND BENEFIT ESTIMATES National water National water Monetized benefits quality model quality assess- (millions of 1998 ment(millions of dollars) 1998 dollars) MunicipalMinimum Measures ........................................................................................................................... ........................... $131.0—$410.2 Controlsfor Construction Sites.......................................................................................................................... ........................... $540.5—$686.0 TotalAnnual Benefits ................................................................................................................................. $1,628.5 ........... $671.5—$1,096.2 Costs Millions of 1998 dollars2 Municipal Minimum Measures ............................................................................................................................... $297.3 Controls/Waivers for Construction Sites ................................................................................................................ $545.0—$678.7 Federal/State Administrative Costs ....................................................................................................................... $5.3 Total Annual Costs $847.6—$981.31 National level benefits are not inclusive of all categories of benefits that can be expected to result from the regulation. 2Total may not add due to rounding. A. Costs To address the concerns of the program costs for automatically 1.Municipal Costs commenters,EPA utilized a National designated municipalities.EPA also Association of Flood and Stormwater estimated an average annual per Initially,to determine municipal costs Management Agencies(NAFSMA) household administrative cost for for the proposed rule,EPA used survey of the Phase II community to municipalities to address application, anticipated expenditure data included obtain incremental cost estimates for record keeping,and reporting in permit applications from a sample of Phase II municipalities.Using the list of requirements of the Rule.The total 21 Phase I MS4s.Certain commenters potential Phase II designees published average per household cost of the rule criticized the Agency for using in the Federal Register(63 FR 1616), is expected to$9.16 per household. anticipated expenditures because they NAFSMA contacted more than 1,600 To determine potential national level could be significantly different from the jurisdictions.The goal of the survey was costs for municipalities,EPA multiplied actual expenditures.These commenters to solicit information from those the number of households(32.5 million) suggested that the Agency use the actual communities about the proposed Phase by the per household cost($9.16).EPA cost incurred by the Phase I MS4s. II NPDES storm water program.Several estimates the annual cost of the Phase Other comments stated that because the of the survey questions corresponded II municipal program at$298 million. Phase I MS4s,in general,are large directly to the minimum measures As an alternative method,and point municipalities,they may not be required by the Phase II rule. One of comparison,to the NAFSMA-based representative of the Phase II MS4s for hundred twenty-one surveys were approach,EPA reviewed actual estimating regulatory costs. Finally,one returned to NAFSMA and were used to expenditures reported from 35 Phase I commenter noted that the sample of 21 develop municipal costs. MS4s.The Agency targeted these 35 municipalities used to project cost was Using the NAFSMA information,EPA Phase I MS4s because they had relatively small. estimated average annual per household participated in the NPDES program for 68792 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations nearly one permit term,were smaller in Ultimately,EPA estimated that 110,223 because EPA believed those costs would size and had detailed data reflecting construction starts would be be negligible.However,in response to their actual program implementation incrementally covered by the rule public comments,EPA has estimated costs.Of the 35 MS4s,appropriate cost annually these potential costs. data was only available for 26 of those EPA then used standard cost EPA has also estimated the potential MS4s.EPA analyzed the expenditure estimates from Building Construction costs for construction site operators to data and identified the relevant Cost Data and Site Work Landscape implement the post-construction expenditures,excluding costs presented Cost Data(R.S.Means, 1997a and minimum measure.These are costs that in the annual reports unrelated to the 1997b)to estimate construction BMP may be incurred by construction site requirements of the Rule.The cost range costs for 27 model sites in a variety of operators if the MS4 chooses to meet the and annual per household program typical site conditions across the United post-construction minimum measure by costs of$9.08 are similar to those found States.The model sites included three requiring on-site structural,site-by-site using the NAFSMA survey data. different site sizes(one,three and five control of post-construction runoff. 2.Construction Costs acres),three slope variations(3%,7%, Municipalities may select from an array and 12%),and three soil erosivity of structural and non-structural options In order to estimate the rule's conditions(low,medium,and high). in implementing this measure,so the construction-related cost on a national EPA chose BMP combinations potential costs to construction operators level(the soil and erosion controls appropriate to the model site is uncertain.Nonetheless,EPA (SEC)requirements of the rule and the conditions.Based on the assumption developed average annual BMP costs for potential impacts of the post- that any combination of site factors is sites of one,three,five and seven acres. construction municipal measure on equally likely to occur in a given site, EPA's analysis accounted for varying construction),EPA estimated a per site EPA developed average cost of sediment levels of imperviousness that cost for sites of one,three,and five acres and erosion control for all model sites. characterize residential,commercial, and multiplied these costs by the total EPA estimated that,on average,BMPs and institutional land uses.Nationwide, number of estimated Phase II for a 1 acre site will cost$1,206,for a these costs are expected to range from construction starts across these size 3 acre site$4,598 and for a 5 acre site $44 million to$178 million annually. categories. $8,709. Finally,to establish national To estimate the percentage of starts EPA then estimated administrative incremental annual costs for Phase II subject to the soil and erosion control costs per construction site for the construction starts,EPA multiplied the requirements between 1 and 5 acres, following elements required under the total costs of compliance for the chosen with respect to each category of building rule:Submittal of a notice of intent for site size categories by the total number permits(residential,commercial,etc.), permit coverage;notification to of Phase II construction starts and added EPA initially used data from Prince municipalities;development of a storm post-construction costs.EPA estimates George's County(PGC),Maryland,and water pollution prevention plan;record the annual compliance cost to range applied these percentages to national retention;and submittal of a notice of from$545 million to$678.7 million. totals.In the proposal,EPA recognized termination.EPA estimated the average B.Quantitative Benefits that the PGC data may not be total administrative cost per site to be representative of the entire country and $937. In the Economic Analysis for the requested data that could be used to EPA also considered the cost proposed rule,a"top-down"approach develop better estimates of the number implications of NPDES permit was used to estimate economic benefits. of construction sites between 1 and 5 authorities waiving the applicability of Under this approach,the combined acres.EPA did not receive any requirements to storm water discharges economic benefits for wet weather substantiated national data from from small construction sites based on programs were estimated first,and then commenters. two different criteria involving water were divided among various water In view of the unavailability of quality impact and low rainfall.EPA programs on the basis of expert opinion. national data from commenters,EPA received comments stating that a waiver As a result,the benefits estimates for an made extensive efforts to collect would require a significant investment individual program were rather construction site data around the in training or acquisition of a uncertain. Moreover,this approach was country.The Agency contacted more consultant.Based on comments inconsistent with the approach used to than 75 municipalities.EPA determined received,EPA eliminated one of the estimate the cost of the proposed storm that 14 of the contacted municipalities waiver conditions involving low soil water rule,which was developed using had useable construction site data. loss threshold because it necessitated municipal-based and cost-based data to Using data from these 14 municipalities, use of the Revised Universal Soil Loss develop"bottom-up"costs.Therefore, EPA developed an estimate of the Equation which could require extensive EPA decided to use a"bottom-up" percentage of construction starts on one technical expertise. approach for estimating benefits of the to five acres.EPA then multiplied this Based on the opinions of construction Phase II rule.To adequately reflect the percentage by the number of building industry experts,EPA estimates that 15 quantifiable benefits of the rule,EPA permits issued nationwide to determine percent of the construction sites that used two different methods: (1)National the total number of construction starts would otherwise be covered by today's Water Quality Model and(2)National occurring on one to five acres.Finally, rule will be eligible to receive waivers. Water Quality Assessment. to isolate the number of construction Therefore,the Agency has excluded 15 To monetize benefits in both starts incrementally regulated by Phase percent of the construction sites when approaches,the Agency applied Carson II,EPA subtracted the number of deriving costs of sediment and erosion and Mitchell's(1993)estimates of activities regulated under equivalent control.The average cost for sites to household willingness-to-pay(WTP)for programs(e.g.,areas covered by the qualify for the waiver is expected to be water quality improvement to estimates Coastal Zone Act Reauthorization $34 per site.The construction cost of waters impaired by storm water Amendments of 1990,and areas covered analysis for the proposed rule did not discharges.Carson and Mitchell's 1993 by equivalent State level soil and include any costs for the preparation study reports the results of their 1983 erosion control requirements). and submission of waiver applications national survey of WTP for incremental Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68793 improvements in fresh water quality. United States.The model analyzes occurs in waters that are not close to Carson and Mitchell estimate the WTP water quality changes by stream reach, population centers the economic value for three minimum levels of fresh water The parameters modeled in the is lower.Therefore,benefits are quality:boatable,fishable,and sizable. NWPCAM are biological oxygen estimated for local and non-local waters EPA adjusted the WTP amounts to demand(BOD),total suspended solids separately.This assumption is based on account for inflation,growth in real per (TSS),dissolved oxygen(DO),and fecal Carson and Mitchell's survey which capita income,and increased attitudes coliforms(FC). asked respondents to apportion each of towards pollution control.The adjusted The model projects changes in water their stated WTP values between WTP amounts for improvements in quality due to the Phase II municipal achieving the water quality goals in fresh water quality are$210 for and construction site controls.To their own State and achieving those boatable,$158 for fishable,and$177 for calculate the economic benefits of goals in the nation as a whole.On sizable.A brief summary of the national change in water quality,the number of average,respondents allocated 67% of water quality model and national water households in the proximity of the their values to achieving in-State water quality assessment approaches follow. stream reach are determined,by quality goals and the remainder to the 1.National Water Quality Model overlaying the model results on the nation as a whole.Carson and Mitchell 1990 Census of Populated Places and argue that for valuing local water quality One approach EPA used to estimate Minor Civil Divisions,and updating the changes 67% is a reasonable upper the benefits of the Phase II municipal population to 1998.Economic benefits bound for the local multiplier and 33% and construction site controls was the are calculated using the Carson and for the non-local water quality changes. National Water Pollution Control Mitchell WTP values.The benefits are For the purposes of this analysis,the Assessment Model(NWPCAM). separately estimated for local and non- locality is defined as urban sites and NWPCAM estimates benefits of the local waters on the basis of WTP values associated populations linked into the storm water program at the national and proximity to water quality changes. NWPCAM framework.Using this level,including the impact on small The value of the change in use methodology,the total monetized streams.This model estimates water support for local waters is greater than benefits of Phase II control of urban and quality and the resultant use support for the value of the non-local waters construction site runoff is estimated to the 632,000 miles of rivers and streams because of the opportunity to use local be$1.628 billion per year.The local and in the USEPA Reach File Version 1 waters by the local population.This non-local benefits due to Phase II (RF1),which covers the continental model assumes that if improvement controls are presented in Exhibit 4. EXHIBIT 4.—LOCAL AND NON-LOCAL BENEFITS ESTIMATES DUE TO PHASE II CONTROLS NATIONAL WATER QUALITY MODEL ESTIMATE Local benefits Non-local bene- Total benefits Use support fits' ($million/yr) ($million/yr) ($million/yr) Swimming, Fishing,and Boating ............................................................................... 306.20 60.60 366.80 Fishing and Boating ................................................................................................... 395.10 51.90 447.00 Boating ....................................................................................................................... 700.10 114.60 814.70 Total .................................................................................................................... 1401.40 227.10 1 1628.50 To estimate non-local willingness to pay per household,the 33%of willingness is multiplied by the fraction of previously impaired national wa- ters (in each use category)that attain the beneficial use as a result of the Phase II rule. To estimate the aggregate non-local benefits, non-local willingness to pay is multiplied with the total number of households in the US. While the numbers of miles that are the NWPCAM as a basis for estimating though the Carson and Mitchell estimated to change their use support impairment addressed by the rule.The estimates apply to all fresh water,it is are small,the benefits estimates are Water Quality Assessment method not clear how these values would be quite significant.This is because urban separately estimates benefits associated apportioned among rivers,lakes,and runoff and,to a large extent, with improvements to fresh water, the Great Lakes.The 305(b)data construction activity occurs where the marine water and construction site indicate that lakes are the most people actually reside and the water controls,and then aggregates these impaired by urban runoff/storm sewers, quality changes mostly occur close to separate categories into an estimate of followed closely by the Great Lakes,and these population centers.NWPCAM total annual benefits. then rivers.Therefore,EPA applied the indicates that changes in pollution loads have the most effect immediately a.Municipal Measures WTP values to the categories separately and assumed that the higher resulting downstream of pollution changes.As a i.Fresh Waters Benefits result,the aggregate WTP is large value for lakes represents the high end because large numbers of households in In order to develop estimates for the of the range(i.e.,assuming that lake these population centers are associated potential value of the municipal impairment is more indicative of with the local waters that reflect measures(except storm water runoff national fresh water impairment)and improvement in designated use support, controls for construction sites),EPA that the lower resulting value for applied Carson&Mitchell WTP values impaired rivers represents the low end 2.National Water Quality Assessment to estimated existing and projected of a value range for all fresh waters(i.e., EPA also estimated benefits of the future fresh water impairment.Carson& assuming that river impairment is more Phase Il Storm Water program using the Mitchell did not evaluate marine waters, indicative of national fresh water 1998 National Water Quality Inventory so only fresh water values were impairment).In addition,EPA estimated (305(b))Report to Congress,rather than available from their research.Even that the post-construction runoff 68794 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations requirements of the municipal program EPA developed an analysis of estimates the benefits of soil and erosion might result in benefits of at least$16.8 potential benefits associated with requirements. million annually from avoided future avoided health impacts from exposure A survey of North Carolina residents runoff.The post-construction estimate to contaminants in storm sewer effluent. (Paterson et al., 1993)indicated that significantly underestimates potential Based on a study of incremental households are willing to pay for program benefits because it does not illnesses found among people who erosion and sediment controls similar to account for avoided hydrologic changes swam within one yard of storm drains those in today's rule. Based on income and resulting water quality impairment in Santa Monica Bay,EPA estimated a and other indicators,the values derived associated with increases in range of incremental illnesses(Haile et from the study are expected to be imperviousness from development and al.,1996).Depending on assumptions similar to values held in the rest of the redevelopment.Summing the benefits made about number of exposures to country. Using the mean value of the across the water quality use support contaminants and contaminant willingness to pay of$25 per household, levels yields an estimate of benefits concentrations,benefits ranged from EPA projects annual benefits of the soil ranging from approximately$121.9 $7.0 million to$29.9 million annually. and erosion requirements to range from million to$378.2 million per year. $540.5-$686 million. b. Construction Benefits ii.Marine Waters Benefits c. Summary of Benefits From the The major pollutant resulting from National Water Quality Assessment In addition to the fresh water benefits construction activities is sediment. Total benefits from municipal captured by the Carson and Mitchell However,in addition to sediment, measures and construction site controls study,EPA anticipates benefits as a construction activities also yield are expected to range from$671.5 result of improvements to marine pollutants such as pesticides,petroleum P million to$1.1 billion per year, waters.Sufficient methods have not products,and solvents.Because including benefits of approximately been developed to quantify national- circumstances will vary considerably $13.7 million per year associated with level benefits for commercial or from site to site,data is not available small stream improvements.A summary recreational fishing.EPA used beach with which to develop estimates of of the potential benefits is presented in closure data and visitation estimates benefits for each site and aggregate to Exhibit 5. from its Beach Watch Program to obtain a national-level estimate. As shown in Exhibit 5,it was not estimate potential reductions in marine In the proposed rule,EPA estimated possible to monetize all categories of swimming visits due to storm water the combined benefits of all wet weather benefits using the WTP estimates. In runoff contamination events in 1997. programs,and then used expert particular,benefits for improving The estimated 86,100 trips that did not opinions to allocate them to different marine water quality such as fishing and occur because of beach closures in individual programs.To eliminate the passive use benefits are not included in coastal Phase II communities is a lower possible overlap between the benefits of the values used to estimate the potential bound because it represents only those the soil and erosion control benefits of the municipal minimum beaches that report both closures and requirements,municipal measures,and measures(excluding construction sites visitation data.EPA estimates potential other wet weather storm water controls),and they are not estimated swimming benefits from the rule to be programs,EPA chose to use an approach separately,because information is not at least$2.1 million annually. in today's final rule that directly currently available. EXHIBIT 5.—POTENTIAL ANNUAL BENEFITS OF THE PHASE II STORM WATER RULE NATIONAL WATER QUALITY ASSESSMENT ESTIMATE Benefit category Annual WTP Municipal Minimum Measures' Fresh Water Use and Passive Use2 ..................................................................................................................... $121.9-$378.2 Marine Recreational Swimming ............................................................................................................................. $2.1 Human Health(Marine Waters) ............................................................................................................................. $7.0-$29.9 Other Marine Use and Passive Use...................................................................................................................... (+) Erosion and Sediment Controls for Construction Sites Fresh Water and Marine Use and Passive Use ................................................................................................. $540.5-$686 Total Phase II Program Total Use&Passive Use(Fresh Water and Marine) ........................................................................................... >$671.5-41,096.2 +=positive benefits expected but not monetized. I Includes water quality benefit of municipal programs, based on 80%effectiveness of municipal programs. 2Based on research by Carson and Mitchell(1993). Fresh water value only. Does not include commercial fishery, navigation, or diversionary (e.g.municipal drinking water cost savings or risk reductions)benefits. May not fully capture human health risk reduction or ecological values. 3Based on research by Paterson et al. (1993).Although the survey's description of the benefits of reducing soil erosion from construction sites included reduced dredging, avoided flooding, and water storage capacity benefits, these benefit categories may not be fully incorporated in the WTP values.Small streams may account for over 2%of total benefits. C.Qualitative Benefits or monetized.Thus,the current estimate because it omits many ways in which There are additional benefits to storm of monetized benefits may understate society is likely to benefit from reduced water control that cannot be quantified the true value of storm water controls storm water pollution,such as improved Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68795 aesthetic quality of waters,benefits to the economy or employment.This is The burden and costs described below wildlife and to threatened and because the final rule regulates small are for the information collection, endangered species,cultural values,and MS4s and construction sites under 5 reporting,and record keeping biodiversity benefits. acres,not the typical industrial plants or requirements for the three year period A benefit that EPA did not monetize other non-construction activities that beginning with the effective date of completely is the flood control benefits could directly impact production and today's rule.Additional information attributable to municipal storm water thus those sectors of the economy. collection requirements for regulated controls reducing downstream flooding, Discussions with representatives small MS4s and small construction sites although flood control benefits within the construction industry will occur after this initial three year associated with sediment and erosion indicate that construction costs will period and will be counted in a control are already reflected to some likely be passed on to buyers,thus not subsequent information collection extent in the construction benefits. seriously affecting the housing industry requirement.The total burden of the Similarly,the Agency could not value directly.One commenter argued that the the benefits from increased property rule will have a negative employment information collection requirements for value due to storm water controls effect because the builders will build the first three years of this rule is reflected in the rule,even though a fewer homes requiring less building estimated at 56,369 hours with a commenter suggested inclusion of these materials as a result of the declining corresponding cost of$2,151,305 benefits in the estimates. demand induced by the cost of the soil million annually.This burden and cost Moreover,while a number of and erosion controls.EPA disagrees is for industrial facilities to complete commenters requested that EPA include with this argument because the cost of and submit the no exposure ecological benefits,the Agency was not the controls,as the percentage of the certification,for NPDES-authorized able to fully monetize these benefits. price of a median home,is negligible States to process and review the no Urbanization usually increases the and will be passed on to final buyers. exposure certification,and for the amount of sediment,nutrients,metals Flexibility within the rule allows NPDES-authorized States to develop and other pollutants associated with MS4s to tailor the storm water program designation criteria and assess land disturbance and development. requirements to their needs and additional MS4s outside of urbanized Development usually not only results in financial position,minimizing impacts. areas.Compliance with the applicable a dramatic increase in the volume of For sedimentation and erosion controls information collection requirements water runoff,but also in a substantial on construction sites,the rule imposed under this rule are mandatory, decrease in that water's quality due to contemplates application of commonly pursuant to CWA section 402. stream scour,runoff and dispersion of used BMPs to reduce costs for the toxic pollutants,and oversiltation. construction industry.Thus,the rule Exhibit 6 presents average annual attempts to use existing practices to These kinds of secondary benefits could P g P burden and cost estimates for Phase IIres respondents for the first three ears. not be fully reflected in the monetized prevent pollution,which should P Y benefits.EPA was able to only monetize minimize impacts on States,Tribes, Burden means the total time,effort,or the aquatic life support benefits for municipalities and the construction financial resources expended by persons waters assumed to be impaired.Thus, industry. to generate,maintain,retain,disclose or only the aquatic life support benefits Thus,EPA concludes that the effect of provide information to or for a Federal attributable to municipal controls, the rule,if any,on the national economy agency.This includes the time needed reflected through human satisfaction, will be minimal.The benefits of today's to review instructions;develop,acquire, are taken into account. rule more than offset any cost impacts install,and utilize technology and Reduced nutrient level is another on the national economy. systems for the purposes of collecting, benefit of the storm water control which IV.Regulatory Requirements validating,and verifying information, is not fully captured by the economic processing and maintaining analysis.High nutrient levels often lead A.Paperwork Reduction Act information,and disclosing and to eutrophication of the aquatic system. The Office of Management and Budget providing information;adjust existing The quality change in ecological sources (OMB)has approved some of the ways for complying with any previously as the result of storm water controls to information collection requirements applicable instructions and reduce pollutants is not fully reflected contained in this final rule(i.e.those requirements;train personnel to be able in the present benefits. found in 40 CFR 122.26(g)and to respond to a collection of 123.35(b))under the provisions of the information;search data sources; D.National Economic Impact Paperwork Reduction Act,44 U.S.C. complete and review the collection of Finally,the Agency determined that 3501 et seq.and has assigned OMB information;and transmit or otherwise the rule will have minimal impacts on control number 2040-0211. disclose the information. EXHIBIT 6.—AVERAGE ANNUAL BURDEN AND COST ESTIMATES FOR PHASE II RESPONDENTS A B (A)x(B)=C D Burden hours Annual re (C)x(D)=E Information collection activityRespondents Respondent per respond- spondent bur- Annual Cost per year labor cost($/ (protected)1 ent per year den hours hr)(1998$) ($) (projected) (predicted) (projected) Ind. No Expos. Facilities? No Expos. Certification ................................................. 36,377 1.0 36,377 44.35 1,613,320 AnnualSubtotal ..................................................... ........................ ........................ 36,377 ........................ 1,613,320 NPDES-Authorized States:3 Designation of Addit. MS4s4 ........................................ 15 332.8 4,892 26.91 131,644 68796 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations EXHIBIT 6.—AVERAGE ANNUAL BURDEN AND COST ESTIMATES FOR PHASE II RESPONDENTS—Continued A B (A)x(B)=C D Burden hours Annual re (C)x(D)=E Respondents Respondent Information collection activity per respond- spondent bur- Annual Cost per year p y labor cost($/ ($)(projected) (projected) (p per year den hours hr)(1998() (predicted) (projected) No Exp. Cert. Proc.&Rev ........................................... 30,200 0.5 15,100 26.91 406,341 AnnualSubtotal ..................................................... ........................ ........................ 19,992 ........................ 537,985 AnnualTotals ......................................................... ........................ ........................ 56,369 ........................ 2,151,305 Notes: 1 Source: U.S. EPA,Office of Wastewater Management. Economic Analysis for the Storm Water Phase II Rule. 2The total number of potential no exposure respondents was divided by 5 to estimate an annual total. It was assumed that the annual number of respondents for the no exposure certification would be spread over the five year period the exclusion applies. 3The number of respondents in each category represents only those respondents located within the 44 NPDES-authorized States and Terri- tories. The burden and cost estimates provided in this section are for the NPDES-authorized States in their role as the permitting authority for municipal designations and industrial no exposure. 4The number of respondents for this activity, 15, represents the number of NPDES-authorized States and Territories that must develop des- ignation criteria and assess small MS4s located outside of an urbanized area for possible Phase II coverage divided by the three year ICR pe- riod. Given the requirements of today's In addition to the information regulatory action"as one that is likely regulation,EPA believes there will be collection,reporting,and record to result in a rule that may: no capital startup and no operation and keeping burden for the next three years, (1)have an annual effect on the maintenance costs associated with today's rule contains information economy of$100 million or more or information collection requirements of collection requirements that will not adversely affect in a material way the the rule. begin until three years or more from the economy,a sector of the economy, The government burden associated effective date of today's rule.These productivity,competition,jobs,the with today's rule will impact State, information collection requirements environment,public health or safety,or Tribal,and Territorial governments were not included in the information State,local,or tribal governments or (NPDES-authorized governmental collection request approved by OMB. communities; entities)that have storm water program EPA will submit these burden estimates (2)create a serious inconsistency or authority,as well as the federal for OMB approval when it submits ICR otherwise interfere with an action taken government(i.e.,EPA),where it is the 2040-0211 to OMB for renewal in three or planned by another agency; NPDES permitting authority.As of years.The rule burdens for regulated [3)materially alter the budgetary March 1999,43 States and the Virgin small MS4s and small construction sites impact of entitlements,grants,user fees, Islands had NPDES authority, that will be included in the ICR renewal or loan programs or the rights and The annual burden imposed upon fall into three areas:application for an obli ations of recipients thereof;or authorized governmental entities NPDES permit or submittal of waiver (4.I raise novel legal or policy issues (delegated States and the Virgin Islands) information,record keeping of storm arising out of legal mandates,the and the federal government for the next water management activities,and President's priorities,or the principles three years is estimated to be 19,992 set forth in the Executive Order. submittal of reports to the permitting hours($537,985)and 4,087 hours authority.There will also be an Pursuant to the terms of Executive ($115,948)respectively,for a total of additional burden for the permitting Order 12866,it has been determined 24,079 hours($653,933).This estimate authorityto review this information that this rule is a"significant regulatory is based on the average time that . action".As such,this action was governments will expend to carry out An agency may not conduct or submitted to OMB for review.Changes the following activities:designate sponsor,and a person is not required to made in response to OMB suggestions or additional MS4s(332.8 hours)and respond to a collection of information recommendations will be documented process and review"no exposure" unless it displays a currently valid OMB in the public record. certificates from industrial dischargers control number.The OMB control (0.5 hour). numbers for EPA's regulations are listed C. Unfunded Mandates Reform Act Under the existing rule,storm water in 40 CFR Part 9 and 48 CFR Chapter Title II of the Unfunded Mandates discharges from light industrial 15.EPA is amending the table in 40 CFR Reform Act of 1995 (UMRA),Public activities identified under Part 9 of currently approved ICR control Law 104-4,establishes requirements for §122.26(b)(14)(xi)were exempted from numbers issued by OMB for various Federal agencies to assess the effects of the permit application requirements if regulations to list the first three years of their regulatory actions on State,local, they were not exposed to storm water. information requirements contained in and tribal governments and the private Today's rule expands the applicability this final rule. sector.Under section 202 of the UMRA, of the"no exposure"exclusion to B.Executive Order 12866 EPA generally must prepare a written include all industrial activity regulated statement,including a cost-benefit under§122.26(b)(14)(except category Under Executive Order 12866, [58 FR analysis,for proposed and final rules (x),construction).The"no exposure" 51,735(October 4, 1993)]the Agency with"Federal mandates"that may provision is applied through the use of must determine whether the regulatory result in expenditures to State,local, a written certification process,thus action is"significant"and therefore and tribal governments,in the aggregate, representing a slight reporting burden subject to OMB review and the or to the private sector,of$100 million increase for"light"industries with"no requirements of the Executive Order. or more in any one year. Before exposure'. The Order defines"significant promulgating an EPA rule for which a Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68797 written statement is needed,section 205 aesthetic quality of waters,benefits to percent from State or Federal agencies. of the UMRA generally requires EPA to wildlife and to threatened and These comments were the genesis of identify and consider a reasonable endangered species,cultural values,and many of the provisions in the today's number of regulatory alternatives and biodiversity benefits. rule,including reliance on the NPDES adopt the least costly,most cost- Several commenters asserted that program framework(including general effective or least burdensome alternative today's rule is an unfunded mandate permits),providing State and local that achieves the objectives of the rule. and that,without funding,the governments flexibility in selecting The provisions of section 205 do not monitoring of the already existing additional sources requiring regulation, apply when they are inconsistent with pollution control programs would and focusing on high priority polluters. applicable law.Moreover,section 205 suffer.In section II.D.3 of the preamble, These comments helped to focus on allows EPA to adopt an alternative other EPA lists some of the programs that EPA pollution prevention,watershed-based than the least costly,most cost-effective anticipates may provide funds to help concerns and BMPs.They also led to or least burdensome alternative if the develop and,in limited circumstances, certain exemptions for facilities that do Administrator publishes with the final implement storm water management not pollute national waters. rule an explanation why that alternative programs. In early 1993,EPA,in conjunction was not adopted. In the EA,EPA reviewed the expected with the Rensselaerville Institute,held EPA has determined that today's rule effect of today's rule on the national public and expert meetings to assist in contains a Federal mandate that may economy.The Agency determined that developing and analyzing options for result in expenditures of$100 million or the rule will have minimal impacts on identifying unregulated storm water more in any one year for both State, the economy or employment.This is sources and possible controls.These local,and tribal governments,in the because the final rule regulates small meetings provided participants an aggregate,and the private sector. MS4s and construction sites under 5 additional opportunity to provide input Accordingly,EPA has prepared under acres,not the typical industrial plants or into the CWA section 402(p)(6)program section 202 of the UMRA a written other non-construction activities that development process.The final rule statement which is summarized below. could directly impact production and addresses several of the key concerns thus those sectors of the economy. 1.Summary of UMRA Section 202 identified in these groups,including Discussions with representatives Written Statement within the construction industry provisions that provide flexibility to the EPA promulgates today's storm water indicate that construction costs will States to select sources to be controlled regulation pursuant to the specific likely be passed on to buyers,thus not and types of permits to be issued,and mandate of Clean Water Act section seriously affecting the housing industry flexibility to MS4s in selecting BMPs. 402(p)(6),as well as sections 301,308, directly.Flexibility within the rule EPA also conducted outreach with 402,and 501. (33 U.S.C.sections allows MS4s to tailor the storm water representatives of small entities, 1342(p)(6), 1311,1318, 1342, 1361.) program requirements to their needs including small government Section 402(p)(6)of the CWA requires and financial position,minimizing representatives,in conjunction with the that EPA designate sources to be impacts.For sedimentation and erosion convening of a Small Business regulated to protect water quality and controls on construction sites,the rule Advocacy Review Panel under SBREFA establish a comprehensive program to contemplates application of commonly which is discussed in section IV.E. of regulate those sources. used BMPs to reduce costs for the the preamble. In the Economic Analysis of the Final construction industry.Thus,the rule In addition,EPA established the Phase II Rule(EA),EPA describes the attempts to use existing practices to Urban Wet Weather Flows Advisory qualitative and monetized benefits prevent pollution,which should Committee under the Federal Advisory associated with today's rule and then minimize impacts on States,Tribes, Committee Act(FACA).The Urban Wet compares the monetized benefits with municipalities and the construction Weather Flows Advisory Committee,in the estimated costs for the rule.EPA industry. turn established the Storm Water Phase developed detailed estimates of the Thus,EPA concludes that the effect of II Subcommittee.Consistent with costs and benefits of complying with the rule,if any,on the national economy FACA,the membership of the each of the incremental requirements would be minimal.The benefits of Committee and the Storm Water Phase imposed by the rule.These estimates, today's rule more than offset any cost II Subcommittee was balanced among including descriptions of the impacts on the national economy. EPA's various outside stakeholder methodology and assumptions used,are Consistent with the intergovernmental interests,including representatives from described in detail in the EA.The consultation provisions of section 204 of State governments,municipal Agency used two approaches,a national the UMRA and Executive Order 12875, governments (both elected officials and water quality model and national water "Enhancing the Intergovernmental appointed officials)and Tribal quality assessment,to estimate the Partnership,"EPA consulted with the governments,as well as industrial and potential benefits of the rule.Both governmental entities affected by this commercial sectors,agriculture, approaches show that the benefits are rule. environmental and public interest likely to exceed costs.Exhibit 3 in First,EPA provided States,Tribal and groups. section III of this preamble summarizes local governments with the opportunity In general,municipal and Tribal the costs and benefits associated with to comment on draft alternative government representatives supported the basic elements of today's rule. approaches for the proposed rule the NPDES approach in today's rule for There are additional benefits to storm through publishing a notice requesting the following reasons:It will be water control that cannot be quantified information and public comment in the uniformly applied on a nationwide or monetized.Thus,the current estimate Federal Register on September 9,1992 basis;it provides flexibility to allow of monetized benefits may understate (57 FR 41344).This notice presented a incorporation of State and local the true value of storm water controls full range of regulatory alternatives.At programs;it resolves the problem of because it omits many ways by which that time,EPA received more than 130 donut holes that cause water quality society is likely to benefit from reduced comments,including approximately 43 impacts in urbanized areas;and it storm water pollution,such as improved percent from municipalities and 24 allows co-permitting of small regulated 68798 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations MS4s with those regulated under the 2.Selection of the Least Costly,Most proposal involved higher regulatory existing storm water program. Cost-Effective or Least Burdensome costs and,therefore,were not selected. In contrast,State representatives Alternative That Achieves the These four options and their estimated sought alternative approaches for State Objectives of the Statute costs are as follows: implementation of the storm water Today's rule evolved over time and (1)An option based on the August 7, program for Phase II sources.State incorporated aspects of alternatives that 1995 direct final rule was estimated to representatives asserted that a non- responded to concerns presented by the cost between$2.2 billion and$78.9 various stakeholders.A primary billion per year. NPDES alternative approach best P y (2)A"Plan B"option was estimated facilitated watershed management and characteristic of today's rule is the to cost between$0.6 billion and mat avoided duplication and overlapping flexibility it offers both the permitting billion per year. regulations.These representatives authority and the regulated sources (3)An option based on the September pointed out that there are a variety of (small MS4s and small construction 30,1996 draft proposed rule was State programs—not based on the sites),by the use of general permits, estimated to cost between$0.2 billion CWA—implementing effective storm implementation of BMPs suited to and$3.7 billion per year. water controls,and that EPA should specific locations,and allowing MS4s to (4)An option based on the February develop their own program goals. 13,1997 draft proposed rule,was provide incentives for their P P In the administrative record estimated to cost between$0.2 billion implementation and improvement in supporting the proposed rule,EPA and$3.5 billion. performance.EPA continues to believe estimated ranges of costs associated There are three reasons why the costs that an NPDES approach is the best with six different options,including a for these four options exceeded the approach in order to adequately protect no action option,the proposed option, estimated cost range for the proposed water quality.However,EPA has and four other options that considered rule.The first two options regulated worked with States on an alternative various combinations of the following: substantially more municipal approach that provides flexibility Covering all the unregulated governments.The first,third,and fourth within the NPDES framework.The final construction sites below 5 acres,all options required industrial facilities to rule allows States with a watershed small MS4s,certain industrial and apply for permits.Finally,the first three permitting approach to phase in permit commercial activities,and all point options applied permit requirements to coverage for MS4s in jurisdictions with sources.EPA developed detailed cost construction sites below 1 acre. a population less than 10,000 and estimates for the incremental Consequently,these options would be provides two waivers from coverage for requirements imposed under the final more costly than today's rule even with small MS4s.This issue is discussed in regulation,and for each of the the revised analysis methods used to section II.0 of the preamble,Program alternatives,and applied these estimates estimate costs. Framework:NPDES Approach. to the remaining unregulated point 3.Effects on Small Governments Some municipal governments sources of storm water.The Agency objected that the rule's minimum compared the estimated annual range of Before EPA establishes any regulatory measures for small MS4s violate the costs imposed under today's rule and requirements that may significantly or Tenth Amendment insofar as they other major options considered.The uniquely affect small governments, range of values for each option included including tribal governments,it must require the operators of MS4s to regulate the costs for compliance,including have developed under section 203 of the third parties according to the paperwork requirements for the UMRA a small government agency plan. "minimum measures"for municipal operators of small construction sites, The plan must provide for notifying storm water management programs.EPA industrial facilities,and MS4s and potentially affected small governments, disagrees that today's rule is administrative costs for State and enabling officials of affected small inconsistent with Tenth Amendment Federal NPDES permitting authorities. governments to have meaningful and principles.Permits issued under today's Today's rule reflects the least costly timely input in the development of EPA rule will not compel political option that achieves the objectives of regulatory proposals with significant subdivisions of States to regulate in the statute,thus meeting the Federal intergovernmental mandates, their sovereign capacities,but rather to requirements of section 205.EPA did and informing,educating,and advising effectively control discharges out of not consider"no regulation"to be an small governments on compliance with their storm sewer systems in their "option"because it would not achieve the regulatory requirements.EPA has owner/operator capacities.For MS4s the objectives of CWA section 402(p)(6). determined that this rule contains no that do not accept this"default" A portion of currently unregulated point regulatory requirements that might minimum measures-based approach(to sources of storm water need to reduce significantly or uniquely affect small control discharges out of the storm pollutants to protect water quality. governments.Although today's rule sewer system by exercising local powers Today's rule is estimated to range in expands the NPDES program(with to control discharges into the storm cost from$847.6 million to$981.3 modifications)to certain MS4s serving sewer system),today's rule allows for million annually,although the cost populations below 100,000 and alternative permits through individual estimate for the proposed rule was although many MS4s are owned by permit applications.EPA made reported as a range of$138 to$869 small governments,EPA does not revisions to the rule to allow regulated million annually.That range reflected a believe today's rule significantly or unit cost range for the municipal uniquely affects small governments.As small MS4s to opt out of the minimum minimum measures and a cost range per explained in section IV.E. of the measures approach and instead apply construction site for soil erosion control. preamble,EPA today certifies that the for an individual permit.This issue is EPA has since revised its cost analysis rule will not have a significant impact discussed in section II.H.3.c.iii of the to allow it to report the current estimate, on small governmental jurisdictions.In preamble,Alternative Permit Option/ which is toward the high end of the addition,the rule will not have a unique Tenth Amendment. original cost range.The four other impact on small governments because regulatory options considered at the rule will affect small governments in Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68799 to the same extent as (or to a lesser EPA website at www.epa.gov/owm/sw/ EPA has concluded that this final rule extent than)larger governments that are toolbox,that explains the rule in detail. may have federalism implications.As already covered by the existing storm Finally,to assist small governments in discussed above in section N.C.,the water rules.Thus,today's rule is not implementing the Phase II program, rule contains a Federal mandate that subject to the requirements of section EPA is committed to the following: (1) may result in the expenditure by State, 203 of UMRA. developing a tool box of implementation local and tribal governments,in the Notwithstanding this finding,in strategies; (2)providing written aggregate,of$100 million or more in developing today's rule,EPA provided technical assistance,including guidance any one year.Accordingly,the rule may notice of the requirements to potentially on developing BMPs and measurable have substantial direct effects on the affected small governments;enabled goals;and(3)compiling a States,on the relationship between the officials of affected small governments comprehensive evaluation of the NPDES national government and the States,or to provide meaningful and timely input municipal storm water Phase II program on the distribution of power and in the development of regulatory over the next 13 years. responsibilities among the various proposals;and informed,educated and D.Executive Order 13132 levels of government,as specified in advised small governments on Executive Order 13132,entitled Executive Order 13132. Moreover,the compliance with the requirements. rule will impose substantial direct Concerning notice,EPA provided "Federalism"(64 FR 43255,August 10, compliance costs on State or local States,local,and Tribal governments 1999),requires EPA to develop an governments.Accordingly,EPA accountable process to ensure rovides the followin FSIS under with the opportunity to comment on "meaningful and timely input b State p g alternative approaches for an early draft g y p y section 6(b)of Executive Order 13132. of the proposed rule b publishing and local officials in the development of p p y p g a regulatory policies that have federalism 1.Description of the Extent of the notice requesting information and implications.""Policies that have Agency's Prior Consultation with State public comment in the Federal Register federalism implications"is defined in and Local Governments on September 9,1992 (57 FR 41344). the Executive Order to include Although this rule was proposed long This notice presented a full range of regulations that have"substantial direct before the November 2, 1999 effective regulatory alternatives.At that time, effects on the States,on the relationship date of Executive Order 13132,EPA EPA received more than 130 comments, between the national government and consulted extensively with affected including approximately 43 percent the States,or on the distribution of State and local governments pursuant to from municipalities and 24 percent from power and responsibilities among the the intergovernmental consultation State or Federal agencies. various levels of government."Under provisions of Executive Order 12875, The Agency also provided,through Executive Order 13132,EPA may not "Enhancing the Intergovernmental the SBREFA panel process and the issue a regulation that has federalism Partnership" (now revoked by Executive FACA process,the opportunity for implications,that imposes substantial Order 13132)and section 204 of UMRA. elected officials of small governments direct compliance costs,and that is not First,EPA provided State and local (and their representatives)to required by statute,unless the Federal governments the opportunity to meaningfully participate in the government provides the funds comment on draft alternative development of the rule.Through such necessary to pay the direct compliance approaches for the proposed rule participation and exchange,EPA not costs incurred by State and local through publishing a notice requesting only notified potentially affected small governments,or EPA consults with information and public comment in the governments of requirements of the State and local officials early in the Federal Register on September 9, 1992 developing rule,but also allowed process of developing the proposed (57 FR 41344).This notice presented a officials of affected small governments regulation.EPA also may not issue a full range of regulatory alternatives.At to have meaningful and timely input regulation that has federalism that time,EPA received more than 130 into the development of regulatory implications and that preempts State comments,including approximately 43 proposals. law unless the Agency consults with percent from municipalities and 24 In addition to involving State and local officials early in the percent from State or Federal agencies. municipalities in the development of process of developing the proposed These comments were the genesis of the rule,EPA also continues to inform, regulation. many of the provisions in the today's educate,and advise small governments If EPA complies by consulting, rule,including reliance on the NPDES on compliance with the requirements of Executive Order 13132 requires EPA to program framework(including general today's rule.For example,EPA provide to the Office of Management permits),providing State and local supported 10 workshops,presented by and Budget(OMB),in a separately governments flexibility in selecting the American Public Works Association identified section of the preamble to the additional sources requiring regulation, from September 1998 through May rule,a federalism summary impact and focusing on high priority polluters. 1999,designed to educate local statement(FSIS).The FSIS must include These comments helped to focus on governments on the implementation of a description of the extent of EPA's pollution prevention,watershed-based the rule.The workshop curriculum prior consultation with State and local concerns and BMPs.They also led to included information on a variety of key officials,a summary of the nature of certain exemptions for facilities that do issues such as anticipated regulatory their concerns and the agency's position not pollute national waters. requirements,agency reporting,best supporting the need to issue the In early 1993,EPA,in conjunction management practices,construction site regulation,and a statement of the extent with the Rensselaerville Institute,held controls,post construction management to which the concerns of State and local public and expert meetings to assist in for new and redeveloped sites,public officials have been met.For final rules developing and analyzing options for education and public involvement subject to Executive Order 13132,EPA identifying unregulated storm water strategies,detection and control of illicit also must submit to OMB a statement sources and possible controls.These discharges,and good housekeeping from the agency's Federalism Official meetings provided participants an practices.Moreover,EPA has prepared certifying that EPA has fulfilled the additional opportunity to provide input a series of fact sheets,available on the Executive Order's requirements. into the CWA section 402(p)(6)program 68800 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations development process.The final rule approach that provides flexibility The draft final rule was transmitted to addresses several of the key concerns within the NPDES framework.The final OMB on July 6, 1999.Because identified in these groups,including rule allows States with a watershed transmittal occurred before the provisions that provide flexibility to the permitting approach to phase in permit November 2, 1999 effective date of States to select sources to be controlled coverage for MS4s in jurisdictions with Executive Order 13132,certification and types of permits to be issued,and a population less than 10,000 and under section 8 of the Executive Order flexibility to MS4s in selecting BMPs. provides two waivers from coverage for is not required. EPA also conducted outreach with small MS4s.This issue is discussed in representatives of small entities, section II.0 of the preamble,Program E.Regulatory Flexibility Act(RFA), as includingsmall governments,in amended by the Small Business g Framework:NPDES Approach. Regulatory Enforcement Fairness Act o conjunction with the convening of a Some municipal governments g f f Small Business AdvocacyReview Panel p g 1996(SBREFA),5 U.S.C. 601 et seq. objected that the rule's minimum under SBREFA which is discussed in measures for small MS4s violate the The RFA generally requires an section III.F. of the preamble. Agency to prepare a regulatory In addition,EPA established the Tenth Amendment insofar as they flexibility analysis of any rule subject to Urban Wet Weather Flows Advisory require the operators of MS4s to regulate notice and comment rulemaking third parties according to the Committee(FACA),which in turn "minimum measures"for municipal requirements under the Administrative established the Storm Water Phase II storm water manaement EPA Procedure Act or any other statute Subcommittee.Consistent with the g programs. unless the agency certifies that the rule disagrees that today's rule is Federal Advisory Committee Act,the inconsistent with Tenth Amendment will not have a significant economic membershipimpact on a StormW ter Phase I Subcommittee ttee was Principles.Permits issued under today's entities. Small entities include all i clude small balanced among EPA's various outside rule will not compel political businesses,small organizations,and subdivisions of States to regulate in stakeholder interests,including small governmental jurisdictions. representatives from State governments, their sovereign capacities,but rather to For purposes of assessing the impact municipal governments(both elected effectively control discharges out of of today's rule on small entities,small officials and appointed officials)and their storm sewer systems in their entity is defined as: (1)a building Tribal governments,as well as owner/operator capacities.For MS4s contractor(SIC 15)with up to$17.0 lt"this"default" industrial and commercial sectors, that do not acceptmillion in annual revenue; (2)a small agriculture,environmental and public minimum measures-based approach(to governmental jurisdiction that is a control discharges out of the storm interest groups. government of a city,county,town, sewer system by exercising local powers school district, or special district with a 2. Summary of Nature of State and Local to control discharges into the storm population of less than 50,000;and(3) Government Concerns,and Statement of sewer system),today's rule allows for a small organization that is any not-for- the Extent to Which Those Concerns alternative permits through individual H profit enterprise which is independently Have Been Met permit applications.EPA made owned and operated and is not In general,municipal government revisions to the rule to allow regulated dominant in its field. representatives supported the NPDES small MS4s to opt out of the minimum After considering the economic approach in today's rule for the measures approach and instead apply impacts of today's final rule on small following reasons:it will be uniformly for an individual permit.This issue is entities,I certify that this action will not applied on a nationwide basis;it discussed in section II.H.3.c.iii of the have a significant economic impact on provides flexibility to allow preamble,Alternative Permit Option/ a substantial number of small entities. incorporation of State and local Tenth Amendment. Although this final rule will not have programs;it resolves the problem of 3.Summary of the Agency's Position a significant economic impact on a donut holes that cause water quality Supporting the Need To Issue the substantial number of small entities, impacts in urbanized areas;and it Regulation EPA nonetheless has tried to reduce the allows co-permitting of small regulated impact of this rule on small entities. MS4s with those regulated under the As discussed more fully in section I.B. For purposes of evaluating the existing storm water program. above,today's rule is needed because economic impact of this rule on small In contrast,State representatives uncontrolled storm water discharges governmental jurisdictions,EPA sought alternative approaches for State from areas of urban development and compared annual compliance costs with implementation of the storm water construction activity have been shown annual government revenues obtained program for Phase II sources.State to have negative impacts on receiving from the 1992 Census of Governments, representatives asserted that a non- waters by changing the physical, using state-specific estimates of annual NPDES alternative approach best biological,and chemical composition of revenue per capita for municipalities in facilitated watershed management and the water,resulting in an unhealthy three population size categories(fewer avoided duplication and overlapping environment for aquatic organisms, than 10,000, 10,000-25,000,and regulations.These representatives wildlife,and people.As discussed in 25,000-50,000). pointed out that there are a variety of section II.C.,the NPDES approach in In order to estimate the annual State programs—not based on the today's rule is needed to ensure uniform compliance cost for small governmental CWA—implementing effective storm application on a nationwide basis,to jurisdictions,EPA used the mean water controls,and that EPA should provide flexibility to allow variable municipal cost of$8.93 per provide incentives for their incorporation of State and local household as calculated in a 1998 study implementation and improvement in programs,to resolve the problem of of 121 municipalities conducted by the performance.EPA continues to believe donut holes that cause water quality national Association of Flood and that an NPDES approach is the best impacts in urbanized areas,and to allow Stormwater Management Agencies approach in order to adequately protect co-permitting of small regulated MS4s (NAFSMA).In addition,EPA used the water quality.However,EPA has with those regulated under the existing estimated fixed administrative costs of worked with States on an alternative storm water program. $1,545 per municipality for reporting, Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68801 recordkeeping,and application for single-family homes constructed other compliance requirements requirements for today's rule. subject to today's rule.If the small applicable to small entities;(3) In evaluating the economic impact of building contractors covered by the rule identification of other Federal rules that this rule on small governmental are able to pass on the costs of may duplicate,overlap,or conflict with jurisdictions,EPA determined that compliance,either completely or the proposal to the final rule;and(4) compliance costs represent more than 1 partially,to their purchasers,then the regulatory alternatives that would percent of estimated revenues for only rule's impact on these small business minimize any significant economic 10 percent of small governments and entities is significantly reduced.The impact of the rule on small entities more than 3 percent of the revenue for market analysis shows that demand for while accomplishing the stated 0.7 percent of these entities.In both homes is not overly sensitive to small objectives of the CWA section 402(p)(6). absolute and relative terms,EPA does changes in price,therefore builders On August 7, 1997,the Panel not consider this a significant economic should be able to pass on at least a provided a Final Report(hereinafter, impact on a substantial number of small significant fraction of the compliance "Report")to the EPA Administrator.A entities. costs to buyers. copy of the Report is included in the EPA normally uses the"sales test"for EPA also assessed the effect of the docket for the rule.The Panel determining the economic impact on building contractors'costs on average acknowledged and commended EPA's small businesses.Under a sales test, monthly mortgage rates and on the efforts to work with stakeholders, annual compliance costs are compared demand for new homes.Based on that including small entities,through the with the small business's total annual screening analysis,EPA concludes that FACA process.The SBREFA Panel sales.However,the direct application of the costs to building contractors,and stated that,because of EPA's extensive the sales test is not suitable in this case, the potential changes in housing prices outreach and responsiveness in because of the uncertainty associated and monthly mortgage payments for addressing stakeholder concerns, with estimating the number of units an single-family home buyers,are not commenters during the SBREFA process "average"developer/contractor expected to have a significant impact on raised fewer concerns than might develops or builds in a typical year.For the market for single-family houses.In otherwise have been expected.Based on this rule,EPA has approximated the both absolute and relative terms,EPA the advice and recommendations of the sales test by estimating compliance does not consider this a significant Panel,today's rule includes a number of costs for three sizes of construction sites economic impact on a substantial provisions designed to minimize any and comparing them with a number of small entities. significant impact on small entities. (See representative sale price for three EPA also certified this rule at Appendix 5). building categories.Although EPA's proposal.Even though the Agency was analysis is not exactly a"sales test,"it not required to,we convened a Small F.National Technology Transfer And is similar to the sales test,producing Business Advocacy Review Panel Advancement Act comparable results. ("Panel")in June 1997.A number of Section 12(d)of the National For small building contractors,EPA small entity representatives had already Technology Transfer and Advancement estimated administrative compliance been actively involved with EPA Act of 1995 ("NTTAA"),Public Law costs of$870 per site for applying for through the FACA process,and were, 104-113,section 12(d)(15 U.S.C. 272 coverage,reporting,record keeping, therefore,broadly knowledgeable about note)directs EPA to use voluntary monitoring and preparing a storm water the development of the proposed and consensus standards in its regulatory pollution prevention plan.EPA final rules.Prior to convening the Panel, activities unless to do so would be estimated compliance costs for EPA consulted with the Small Business inconsistent with applicable law or installing soil and erosion controls as Administration to identify a group of otherwise impractical.Voluntary ranging from$1,206 to$8,709 per site. small entity representatives to advise consensus standards are technical EPA compliance cost estimates are the Panel.The Agency distributed a standards(e.g.,materials specifications, based on 27 theoretical model briefing package describing its test methods,sampling procedures,and construction sites designed to mimic the preliminary analysis under the RFA to business practices)that are developed or mostly likely used best management the small entity representatives(as well adopted by voluntary consensus practices around the country. as to representatives from OMB and standard bodies.The NTTAA directs In evaluating the economic impact on SBA)and conducted two telephone EPA to provide Congress,through OMB, small building contractors,EPA divided conference calls and an all-day meeting explanations when the Agency decides the revised compliance costs per at EPA Headquarters in May of 1997 not to use available and applicable construction start by the appropriate with small entity representatives.With voluntary consensus standards. homes-to-site ratio for each of the three this preliminary work complete,in June This action does not mandate the use sizes of construction sites.The average 1997,EPA formally convened the of any particular technical standards, compliance cost per home ranges from SBREFA Panel,comprising although in designing appropriate BMPs approximately$450 to$650.EPA representatives from OMB,SBA,EPA's regulated small MS4s and small concluded that compliance costs are Office of Water and EPA's Small construction sites are encouraged to use roughly 0.22 to 0.43 percent of both the Business Advocacy Chair.The Panel any voluntary consensus standards that mean,$181,300,and median,$151,000, received written comments from small may be applicable and appropriate. sale price of a home. entity representatives based on their Because no specific technical standards The absence of data to specifically involvement in the earlier meetings,and are included in the rule,section 12(d)of assess annual compliance costs for invited additional comments. the NTTAA is not applicable. building contractors as a percentage of Consistent with requirements of the annual sales(i.e.,a very direct estimate RFA,the Panel evaluated the assembled G.Executive Order 13045 of the impact on potentially affected materials and small-entity comments on Executive Order 13045: "Protection of small businesses)led EPA to perform issues related to: (1)a description and Children from Environmental Health additional market analysis to examine the number of small entities that would Risks and Safety Risks" (62 FR 19885, the ability of potentially affected firms be regulated; (2)a description of the April 23, 1997)applies to any rule that: to pass along regulatory costs to buyers projected record keeping,reporting and (1)Is determined to be"economically 68802 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations significant"as defined under E.O. governments,or EPA consults with and the Comptroller General of the 12866,and(2)concerns an those governments.If EPA complies by United States.EPA will submit a report environmental health or safety risk that consulting,Executive Order 13084 containing this rule and other required EPA has reason to believe may have a requires EPA to provide to the Office of information to the U.S. Senate,the U.S. disproportionate effect on children.If Management and Budget,in a separately House of Representatives,and the the regulatory action meets both criteria, identified section of the preamble to the Comptroller General of the United the Agency must evaluate the rule,a description of the extent of EPA's States prior to publication of the rule in environmental health or safety effects of prior consultation with representatives the Federal Register.A major rule the planned rule on children,and of affected Tribal governments,a cannot take effect until 60 days after it explain why the planned regulation is summary of the nature of their concerns, is published in the Federal Register. preferable to other potentially effective and a statement supporting the need to This rule is a"major rule"as defined by and reasonably feasible alternatives issue the regulation.In addition, 5 U.S.C. 804(2).This rule will be considered by the Agency. Executive Order 13084 requires EPA to effective on February 7,2000. This final rule is not subject to E.O. develop an effective process permitting List of Subjects 13045 because it does not concern an elected officials and other environmental health or safety risk that representatives of Indian Tribal 40 CFR Part 9 may have a disproportionate effect on governments"to provide meaningful children.The rule expands the scope of and timely input in the development of Environmental protection,Reporting the existing NPDES permitting program regulatory policies on matters that and recordkeeping requirements. to require small municipalities and significantly or uniquely affect their 40 CFR Part 122 small construction sites to regulate their communities." storm water discharges.The rule does Today's rule does not significantly or Administrative practice and not itself,however,establish standards uniquely affect the communities of procedure,Confidential business or criteria that would be included in Indian Tribal governments.Even though information,Environmental protection, permits for those sources. Such the Agency is not required to address Hazardous substances,Incorporation by standards or criteria will be developed Tribes under the Regulatory Flexibility reference,Reporting and recordkeeping through other actions,for example,in Act,EPA used the same revenue test requirements,Sewage disposal,Waste the establishment of water quality that was used for municipalities to treatment and disposal,Water pollution standards or subsequently in the assess the impact of the rule on control. issuance of permits themselves.As communities of Tribal governments and 40 CFR Part 123 such,today's action does not concern an determine that they will not be environmental health or safety risk that significantly affected.In addition,the Administrative practice and may have a disproportionate effect on rule will not have a unique impact on procedure,Confidential business children.To the extent it does address the communities of Tribal governments information,Hazardous materials, a risk that may have a disproportionate because small municipal governments Indians—lands,Intergovernmental effect on children,expanding the scope are also covered by this rule and larger relations,Penalties,Reporting and of the permitting program will have a municipal governments are already recordkeeping requirements,Sewage corresponding disproportionate benefit covered by the existing storm water disposal,Waste treatment and disposal, to children to protect them from such rules.Accordingly,the requirements of Water pollution control,Penalties. risk. section 3(b)of Executive Order 13084 40 CFR Part 124 H.Executive Order 13084 do not apply to this rule. Administrative practice and Under Executive Order 13084,EPA I. Congressional Review Act procedure,Air pollution control, may not issue a regulation that is not The Congressional Review Act,5 Hazardous waste,Indians—lands, required by statute,that significantly or U.S.C. section 801 et seq.,as added by Reporting and recordkeeping uniquely affects the communities of the Small Business Regulatory requirements,Water pollution control, Indian tribal governments,and that Enforcement Fairness Act of 1996, Water supply. imposes substantial direct compliance generally provides that before a rule Dated:October 29,1999. costs on those communities,unless the may take effect,the agency Carol M.Browner, Federal government provides the funds promulgating the rule must submit a Administrator. necessary to pay the direct compliance rule report,which includes a copy of costs incurred by the Tribal the rule,to each House of the Congress Appendices to the Preamble APPENDIX 1 TO PREAMBLE—FEDERALLY-RECOGNIZED AMERICAN INDIAN AREAS LOCATED FULLY OR PARTIALLY IN BUREAU OF THE CENSUS URBANIZED AREAS [Based on 1990 Census data] State American Indian Area Urbanized Area AZ ....... Pascua Yacqui Reservation(pt.): Pascua Yacqui Tribe of Arizona ................................... Tucson,AZ(Phase 1). AZ ....... Salt River Reservation (pt.): Salt River Pima-Maricopa Indian Community of the Salt Phoenix,AZ(Phase 1). River Reservation,California. AZ ....... San Xavier Reservation (pt.): Tohono O'odham Nation of Arizona (formerly known as Tucson,AZ(Phase 1). the Papago Tribe of the Sells,Gila Bend&San Xavier Reservation). CA ....... Augustine Reservation:Augustine Band of Cahuilla Mission of Indians of the Augustine Indio-Coachella,CA(Phase I). Reservation,CA. CA ....... Cabazon Reservation: Cabazon Band of Cahuilla Mission Indians of the Cabazon Res- Indio-Coachella,CA(Phase 1). ervation,CA. Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68803 APPENDIX 1 TO PREAMBLE—FEDERALLY-RECOGNIZED AMERICAN INDIAN AREAS LOCATED FULLY OR PARTIALLY IN BUREAU OF THE CENSUS URBANIZED AREAS—Continued [Based on 1990 Census data] State American Indian Area Urbanized Area CA ....... Fort Yuma (Quechan) (pt.): Quechan Tribe of the Fort Yuma Indian Reservation, Cali- Yuma,AZ—CA. fornia&Arizona. CA ....... Redding Rancheria:Redding Rancheria of California ........................................................ Redding,CA. FL ........ Hollywood Reservation: Seminole Tribe ............................................................................. Fort Lauderdale, FL(Phase 1). FL ........ Seminole Trust Lands: Seminole Tribe of Florida, Dania, Big Cypress & Brighton Res- Fort Lauderdale, FL(Phase 1). ervations. ID ........ Fort Hall Reservation and Trust Lands: Shosone-Bannock Tribes of the Fort Hall Res- Pocatello, ID. ervation of Idaho. ME ...... Penobscot Reservation and Trust Lands(pt.): Penobscot Tribe of Maine ........................ Bangor, ME. MN ...... Shakopee Community: Shakopee Mdewakanton Sioux Community of Minnesota (Prior Minneapolis-St. Paul,MN (Phase 1). Lake). NM ...... Sandia Pueblo(pt.):Pueblo of Sandia, New Mexico ......................................................... Albuquerque, NM(Phase 1). NV ....... Las Vegas Colony: Las Vegas Tribe of Paiute Indians of the Las Vegas Indian Colony, Las Vegas, NV(Phase 1). Nevada. NV ....... Reno-Sparks Colony: Reno-Sparks Indian Colony, Nevada .............................................. Reno, NV(Phase 1). OK....... Osage Reservation(pt.):Osage Nation of Oklahoma ........................................................ Tulsa,OK(Phase I). OK....... Absentee Shawnee-Citizens Band of Potawatomi TJSA (pt.): Absentee-Shawnee Tribe Oklahoma City,OK(Phase 1). of Indians of Oklahoma;Citizen Potawatomi Nation,Oklahoma. OK....... Cherokee TJSA 9 (pt.): Cherokee Nation of Oklahoma; United Keetoowah Band of Ft.Smith,AR—OK;Tulsa, OK(Phase 1). Cherokee Indians of Oklahoma. OK....... Cheyenne-Arapaho TJSA(pt.):Cheyenne-Arapaho Tribes of Oklahoma ......................... Oklahoma City,OK(Phase 1). OK....... Choctaw TJSA(pt.):Choctaw Nation of Oklahoma ........................................................... Ft.Smith,AR—OK(Phase 1). OK ....... Creek TJSA (pt.): Alabama-Quassarte Tribal Town of the Creek Nation of Oklahoma; Tulsa,OK(Phase 1). Kialegee Tribal Town of the Creek Indian Nation of Oklahoma; Muscogee(Creek)Na- tion of Oklahoma;Thlopthlocco Tribal Town of the Creek Nation of Oklahoma. OK....... Kiowa-Comanche-Apache-Ft. Sill Apache: Apache Tribe of Oklahoma; Comanche In- Lawton, OK. dian Tribe, Oklahoma; Fort Sill Apache Tribe of Oklahoma; Kiowa Indian Tribe of Oklahoma. TX ....... Ysleta del Sur Reservation:Ysleta Del Sur Pueblo of Texas ............................................ El Paso,TX—NM (Phase 1). WA ...... Muckleshoot Reservation and Trust Lands (pt.): Muckleshoot Indian Tribe of the Seattle,WA(Phase 1). Muckleshoot Reservation. WA ...... Puyallup Reservation and Trust Lands(pt.): Puyallup Tribe of the Puyallup Reservation, Tacoma,WA(Phase 1). WA. WA ...... Yakima Reservation(pt.):Confederated Tribes and Bands of the Yakama Indian Nation Yakima,WA. of the Yakama Reservation,WA. WI ....... Oneida(West)(pt.):Oneida Tribe of Wisconsin ................................................................. Green Bay,WI. Please Note Register:Nov.13,1996,Vol.66,No.220,pgs. urban areas would not automatically have "(pt.)"indicates that the American Indian 58211-582161 been covered under Phase I,however. Area(AIA)listed is only partially located "TJSAs"are Tribal Jurisdiction Statistical Sources within the referenced urbanized area. Areas in Oklahoma that are defined in conjunction with the federally-recognized Michael Ratcliffe,Geographic Concepts The first line under"American Indian tribes in Oklahoma who have definite land Division,Bureau of the Census,U.S. Area"is the name of the federally-recognized areas under their jurisdiction,but do not Department of Commerce. reservation/colony/rancheria or trust land as have reservation status. 1990 Census of Population and Housing, it appears in the Bureau of the Census data. "(phase 1)"indicates that the referenced Summary Population and Housing After inrst thelne,the AIA are li listed as theymes of the ear urbanized area includes a medium or large 990 CPH 1 1]UBur au of the Censunited States.Tables s,U.S Y PP MS4 currently regulated under the existing Department of Commerce. in the Bureau of Indian Affairs'list of NPDES storm water program(i.e.,Phase 1). Federally Recognized Indian Tribes. [Federal Any Tribally operated MS4 within these such BILLING CODE 6560-50-P 4 Y" 1 pt Y ss� JAM "�•�' ��s.. M.�. u s ,. � �h� '� kip` _: z . <i Y 1 � f �� � 3 1 • r p 1 S p S Y- >s�z'r Town c � s. - •1 •1 1 1 •/ 1 1 • 1 •1 1 • 1. 1 1 • 1 • 1 •� 1 1 1• 1 1 1 1 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68805 Appendix 3 to the Preamble— Yuba City Kailua Urbanized Areas of the United States Yuma Idaho and Puerto Rico Colorado Boise City (Source:1990 Census of Population and Boulder Idaho Falls Housing,U.S.Bureau of the Census— Colorado Springs Pocatello This list is with subject to change h the Denver 1 g Fort Collins Illinois Decennial Census) Grand Junction Alton Alabama Greeley Aurora Anniston Longmont Beloit,WI—IL Auburn-Opelika Pueblo Bloomington-Normal Birmingham Connecticut Champaign-Urbana C Chicago,IL-Northwestern IN Columbus,GA—AL Bridgeport-Milford Crystal Lake Decatur Bristol Davenport-Rock Island-Moline,IA—IL Dothan Danbury,CT—NY Decatur Florence Hartford-Middletown Dubuque Gadsden New Britain Elgin Huntsville New Haven-Meriden Joliet Mobile New London-Norwich Kankakee Montgomery Norwalk Peoria Tuscaloosa Springfield,MA—CT Rockford Alaska Stamford,CT—NY Round Lake Beach-McHenry,IL—WI Waterbury St.Louis,MOIL Anchorage Worcester,MA—CT Springfield Arizona Delaware Indiana Phoenix Dover Anderson Tucson Wilmington,DE—NJ—MD—PA Bloomington Yuma,AZ—CA Chicago,IL-Northwestern IN District of Columbia g Arkansas Elkhart-Goshen Washington,DC—MD—VA Evansville,IN—KY Fayetteville-Springdale Fort Smith,AR—OK Florida Fort Wayne Little Rock-North Little Rock Daytona Beach Indianapolis Memphis,TN—AR—MS Deltona Kokomo Pine Bluff Fort Lauderdale-Hollywood-Pompano Beach Lafayette-West Lafayette Fort Myers-Cape Coral Louisville,KY—IN Texarkana,AR—TX Fort Pierce Muncie California Fort Walton Beach South Bend-Mishawaka,IN—MI Antioch-Pittsburgh Gainesville Terre Haute Bakersfield Jacksonville Iowa Chico Kissimmee Davis Lakeland Cedar Rapids Fairfield Melbourne-Palm Bay Davenport-Rock Island-Moline,IA—IL Fresno Miami-Hialeah Des Moines Hemet-San Jacinto Naples Dubuque,IA—IL—WI Hesperia-Apple Valley-Victorville Ocala Iowa City Indio-Coachella Orlando Omaha,NE—IA Lancaster-Palmdale Panama City Sioux City,IA—NE—SD Lodi Pensacola Waterloo-Cedar Falls Lompoc Punta Gorda Kansas Los Angeles Sarasota-Bradenton g Spring Hill Kansas City,MO—KS Merced Stuart Lawrence Napa Modesto Tallahassee St.Joseph,MO—KS Oxnard-Ventura Tampa-St.Petersburg-Clearwater Topeka Palm Springs Titusville Wichita Redding Vero Beach Kentucky Riverside-San Bernardino West Palm Beach-Boca Raton-Delray Beach Winter Haven Cincinnati,OH—KY Sacramento Clarksville,TN—KY Salinas Georgia Evansville,IN—KY San Diego Albany Huntington-Ashland,WV—KY—OH San Francisco-Oakland Athens Lexington-Fayette San Jose Atlanta Louisville,KY—IN San Luis Obispo Augusta Owensboro Santa Barbara Brunswick Santa Cruz Chattanooga Louisiana Santa Maria Columbus Alexandria Santa Rosa Macon Baton Rouge Seaside-Monterey Rome Houma Simi Valley Savannah Lafayette Stockton Warner Robins Lake Charles Vacaville Monroe Visalia Hawaii New Orleans Watsonville Honolulu Shreveport 68806 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations Slidell Missoula Cleveland Maine Nebraska Columbus Dayton Bangor Lincoln Hamilton Lewiston-Auburn Omaha,NE—IA Huntington-Ashland,WV—KYOH Portland Sioux City,IA—NE—SD Lima Portsmouth-Dover-Rochester,NH—ME Nevada Lorain-Elyria Mansfield Maryland Las Vegas Middletown Annapolis Reno Newark Baltimore Parkersburg,WV—OH Cumberland New Hampshire g Sharon, Frederick Lawrence-Haverhill,MA—NH Hagerstown,MD—PA—WV Lowell,MA—NH Springfield Ha g Steubenville-Weirton,OH—WV—PA Washington,DC—MD—VA Manchester Toledo,OH—MI Wilmington,DE—NJ—MD—PA Nashua Wheeling,WV—OH Massachusetts Portsmouth-Dover-Rochester,NH—ME Youngstown-Warren Boston New Jersey Oklahoma Brockton Allentown-Bethlehem-Easton,PA—NJ Fort Smith,AR—OK Fall River,MA—RI Atlantic City Lawton Fitchburg-Leominster New York,NY-Northeastern NJ Oklahoma City Hyannis Philadelphia,PA—NJ Tulsa Lawrence-Haverhill,MA—NH Trenton,NJ—PA Lowell,MA—NH Vineland-Millville Oregon New Bedford Wilmington,DE—NJ—MD—PA Eugene-Springfield Pittsfield New Mexico Longview Providence-Pawtucket,RI—MA Medford Springfield,MA—CT Albuquerque Portland-Vancouver,OR—WA Taunton El Paso Salem Worcester,MA—CT Las Cruces Santa Fe Pennsylvania Michigan Allentown-Bethlehem-Easton,PA—NJ Ann Arbor New York Altoona Battle Creek Albany-Schenectady-Troy Erie Bay City Binghamton Hagerstown,MD—PA—WV Benton Harbor Buffalo-Niagara Falls Harrisburg Detroit Danbury,CT—NY Johnstown Flint Elmira Lancaster Grand Rapids Glens Falls Monessen Holland Ithaca Philadelphia,PA—NJ Jackson Newburgh Pittsburgh Kalamazoo New York,NY—Northeastern NJ Pottstown Lansing-East Lansing Poughkeepsie Reading Muskegon Rochester Scranton-Wilkes-Barre Port Huron Stamford,CT—NY Sharon,PA—OH Saginaw Syracuse State College South Bend-Mishawaka,IN—Mt Utica-Rome Steubenville-Weirton,OH—WV—PA Toledo,OH—MI North Carolina Trenton,NJ—PA Williamsport Minnesota Asheville Wilmington,DE—NJ—NfD—PA Duluth,MN—WI Burlington York Fargo-Moorhead,ND—MN Charlotte Grand Forks,ND—MN Durham Rhode Island La Crosse,WI—MN Fayetteville Fall River,MA—RI Minneapolis-St.Paul Gastonia Newport Rochester Goldsboro Providence-Pawtucket,RI—MA St.Cloud Greensboro Greenville South Carolina Mississippi Hickory Anderson Biloxi-Gulfport High Point Augusta,GA—SC Hattiesburg Jacksonville Charleston Jackson Kannapolis Columbia Memphis,TN—AR—MS Raleigh Florence Pascagoula Rocky Mount Greenville Missouri Wilmington Myrtle Beach Winston-Salem Rock Hill Columbia Spartanburg Joplin North Dakota Sumter Kansas City,MO—KS Bismark South Dakota St.Joseph,MO—KS Fargo-Moorhead,ND—MN St.Louis,MOIL Grand Forks,ND—MN Rapid City Springfield Ohio Sioux City,IA—NE—SD Montana Akron Sioux Falls Billings Canton Tennessee Great Falls Cincinnati,OH—KY Bristol,TN-Bristol,VA Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68807 Chattanooga,TN—GA Waco Hagerstown,MD—PA—WV Clarksville,TN—KY Wichita Falls Huntington-Ashland,WV—KY—OH Jackson Utah Parkersburg,WV—OH Johnson City Steubenville-Weirton,OH—WV—PA Kingsport,TN—VA Logan Wheeling,WV—OH Knoxville Ogden Memphis,TN—AR—MS Provo-Orem Wisconsin Nashville Salt Lake City Appleton-Neenah Texas Vermont Beloit,WI—IL Abilene Burlington Duluth,MN—WI Amarillo Eau Claire Austin Virginia Green Bay Beaumont Bristol,TN-Bristol,VA Janesville Brownsville Charlottesville Kenosha Bryan-College Station Danville La Crosse,WI—MN Corpus Christi Fredericksburg Madison Dallas-Fort Worth Kingsport,TN—VA Milwaukee Denton Lynchburg Oshkosh El Paso,TX—NM Norfolk-Virginia Beach-Newport News Racine Galveston Petersburg Round Lake Beach-McHenry,IL—WI Harlingen Richmond Sheboygan Houston Roanoke Wausau Killeen Washington,DC—MD—VA W omin Lewisville Washington y g Casper Longview Bellingham Cheyenne Lubbock Bremerton McAllen-Edinburg-Mission Longview,WA—OR Puerto Rico Midland Olympia Aquadilla Odessa Portland-Vancouver,OR—WA Arecibo Port Arthur Richland-Kennewick-Pasco Caguas San Angelo Seattle Cayey San Antonio Spokane Humacao Sherman-Denison Tacoma Mayaguez Temple Yakima Ponce Texarkana,TX-Texarkana,AR Texas City West Virginia San Juan Tyler Charleston Vega Baja-Manati Victoria Cumberland,MD—WV BILLING CODE 6560-50-P 68808 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations Appendix 4 to the Preamble—No Exposure Certification Form i United States Environmental Protection Agency Form Approved OMB No.2040-0211 NPDES I A Washington,DC 20460 FORM \�, NO EXPOSURE CERTIFICATION for Exclusion from 3510-11 EPA NPDES Storm Water Permitting Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization for its storm water discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Multi-Sector General Permit due to the existence of a condition of no exposure. A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain,snow,snowmelt,and/or runoff. Industrial materials or activities include,but are not limited to,material handling equipment or activities, industrial machinery,raw materials,intermediate products,by-products,final products,or waste products. Material handling activities include the storage, loading and unloading,transportation,or conveyance of any raw material,intermediate product,final product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: — drums,barrels,tanks,and similar containers that are tightly sealed,provided those containers are not deteriorated and do not leak. "Sealed" means banded or otherwise secured and without operational taps or valves: — adequately maintained vehicles used in material handling;and — final products,other than products that would be mobilized in storm water discharges(e.g.,rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition,the exclusion from NPDES permitting is available on a facility-wide basis only,not for individual outfalls. It any industrial activities or materials are or will be exposed to precipitation,the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form,the entity in Section A is certifying that a condition of no exposure exists at its facility or site, and is obligated to comply with the terms and conditions of 40 CFR 122.26(g). ALL INFORMATION MUST BE PROVIDED ON THIS FORM. Detailed instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4. A. Facility Operator Information 1.Name: I I I I I I I I I I I I I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.Phone: 1 I 1 I 1 I I I 3. Mailing Address: a.Street: I I b.City: I I I I I I I I I I I I I I I 11 1 1 1 I 11 c.State: d.Zip Code: B. Facility/Site Location Information 1.Facility Name: 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I 11 2.a.Street Address: 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11 b.City: I I I I I I I I I I I I I I I I I I I I I I I c.County: I ! I I I I I I I I I d.State: I e.Zip Code: I I I I I I—I I I I 3.Is the facility located on Indian Lands? Yes❑ No ❑ 4.Is this a Federal facility? Yes❑ No ❑ 5.a.Latitude: (.- I I I ICJ b.Longitude: 1 I I I �LJ ICJ 6.a.Was the facility or site previously covered under an NPDES storm water permit? Yes ❑ No ❑ b.It yes,enter NPDES permit number: 7.SIC/Activity Codes: Primary: I I I I I Secondary(if applicable): ( I I I 8.Total size of site associated with industrial activity: 'acres 9.a.Have you paved or roofed over a formerly exposed,pervious area in order to quality for the no exposure exclusion? Yes ❑ No ❑ b.If yes,please indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure exclusion. However,your permitting authority may use this information in considering whether storm water discharges from your site are likely to have an adverse impact on water quality,in which case you could be required to obtain permit coverage. Less than one acre ❑ One to five acres ❑ More than five acres ❑ EPA Form 3510-1 1(10-99) Page 1 of 4 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68809 NPDES I �, NO EXPOSURE CERTIFICATION for Exclusion from Form Approved FORM -,EPA OMB No.2040-0211 3510-11 I NPDES Storm Water Permitting C. Exposure Checklist Are any of the following materials or activities exposed to precipitation,now or in the foreseeable future? (Please check either"Yes"or"No"in the appropriate box.) If you answer"Yes"to any of these questions (1)through(11),you are not eligible for the no exposure exclusion. Yes No 1. Using,storing or cleaning industrial machinery or equipment,and areas where residuals from using,storing C or cleaning industrial machinery or equipment remain and are exposed to storm water 2. Materials or residuals on the ground or in storm water inlets from spills/leaks u ❑ 3. Materials or products from past industrial activity ❑ 4. Material handling equipment(except adequately maintained vehicles) u 5. Materials or products during loading/unloading or transporting activities El 6. Materials or products stored outdoors(except final products intended for outside use[e.g.,new cars]where exposure to storm water does not result in the discharge of pollutants) 7. Materials contained in open,deteriorated or leaking storage drums,barrels.tanks,and similar containers 8. Materials or products handled/stored on roads or railways owned or maintained by the discharger 9. Waste material(except waste in covered,non-leaking containers(e.g..dumpsters)) 10. Application or disposal of process wastewater(unless otherwise permitted) u 11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated ❑ U (i.e.,under an air quality control permit)and evident in the storm water outflow D. Certification Statement certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of"no exposure"and obtaining an exclusion from NPDES storm water permitting. I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility or site identified in this document(except as allowed under 40 CFR 122.26(g)(2)). I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and,if requested,to the operator of the local municipal separate storm sewer system(MS4)into which the facility discharges(where applicable). I understand that I must allow the NPDES permitting authority,or MS4 operator where the discharge is into the local MS4,to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water from the facility. Additionally,I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is to the best of my knowledge and belief true,accurate and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. Print Name: I I I I I I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Print Title: i I I I I I I I I I I I t I I I I I I I 1 I I I I I I I I I I i Signature: Date: I i I I EPA Form 3510-11 (10-99) Page 2 of 4 68810 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations NPDES `f AEPA Instructions for the NO EXPOSURE CERTIFICATION for Form Approved FORM I �-, OMB No.2040-0211 3510-11 Exclusion from NPDES Storm Water Permitting Who May File a No Exposure Certification Section B. Facility/Site Location Information Federal law at 40 CFR Part 122.26 prohibits point source discharges of 1. Enter the official or legal name of the facility or site. storm water associated with industrial activity to waters of the U.S.without a National Pollutant Discharge Elimination System(NPDES)permit. However, 2. Enter the complete street address(if no street address exists,provide NPDES permit coverage is not required for discharges of storm water a geographic description(e.g.,Intersection of Routes 9 and 55i),city, associated with industrial activities identified at 40 CFR 122.26(b)(14)(i)- county,state,and zip code. Do not use a P.O.Box number. (ix)and(xi)if the discharger can certify that a condition of"no exposure" exists at the industrial facility or site. 3. Indicate whether the facility is located on Indian Lands. Storm water discharges from construction activities identified in 40 CFR 4. Indicate whether the industrial facility is operated by a department or 122.26(b)(14)(x)and(b)(15)are not eligible for the no exposure exclusion. agency of the Federal Government(see also Section 313 of the Clean Water Act). Obtaining and Maintaining the No Exposure Exclusion 5. Enter the latitude and longitude of the approximate center of the facility This form is used to certify that a condition of no exposure exists at the or site in degrees/minutes/seconds. Latitude and longitude can industrial facility or site described herein.This certification is only applicable be obtained from United States Geological Survey(USGS)quadrangle in jurisdictions where EPA is the NPDES permitting authority and must be or topographic maps.by calling 1-(888)ASK-USGS,or by accessing re-submitted at least once every five years. EPA's web site at http://www.epa.gov/owm/swfindustry/index.htm and selecting Latitude and Longitude Finders under the Resources/Permit The industrial facility operator must maintain a condition of no exposure at section. its facility or site in order for the no exposure exclusion to remain applicable. If conditions change resulting in the exposure of materials and activities to Latitude and longitude for a facility in decimal form must be converted storm water,the facility operator must obtain coverage under an NPDES to degrees (°), minutes I'), and seconds (") for proper entry on storm water permit immediately. the certification.form. To convert decimal latitude or longitude to degrees/minutes/seconds,follow the steps in the following example. Where to File the No Exposure Certification Form Example: Convert decimal latitude 45.1234567 to degrees(1),minutes Mail the completed no exposure certification form to: (').and seconds I*). a) The numbers to the left of the decimal point are the degrees: 45°. Storm Water No Exposure Certification(4203) USEPA b) To obtain minutes,multiply the first four numbers to the right of the 401 M Street,SW decimal point by 0.006: 1234 x 0.006=7.404. Washington,D.C. 20460 c) The numbers to the left of the decimal point in the result obtained in(b)are the minutes: 7'. Completing the Form d) To obtain seconds,multiply the remaining three numbers to the You must type or print,using uppercase letters,in appropriate areas only. right of the decimal from the result obtained in (b) by 0.06: Enter only one character per space(i.e..between the marks). Abbreviate 404 x 0.06=24.24. Since the numbers to the right of the decimal if necessary to stay within the number of characters allowed for each item. point are not used,the result is 24". Use one space for breaks between words. One form must be completed for each facility or site for which you are seeking to certify a condition of no e) The conversion for 45.1234567=45° 7' 24". exposure. Additional guidance on completing this form can be accessed through EPA's web site at www.epa.gov/owm/sw. Please make sure you 6. Indicate whether the facility was previously covered under an NPDES have addressed all applicable questions and have made a photocopy for storm water permit. If so,include the permit number. your records before sending the completed form to the above address. 7. Enter the 4-digit SIC code which identifies the facility's primary activity. and second 4-digit SIC code identifying the facility's secondary activity, Section A. Facility Operator Information if applicable. SIC codes can be obtained from the Standard Industrial Classification Manual,1987. 1. Provide the legal name of the person,firm,public organization,or any other entity that operates the facility or site described in this certification. 8. Enter the total size of the site associated with industrial activity in acres. The name of the operator may or may not be the same as the name of Acreage may be determined by dividing square footage by 43,560,as the facility. The operator is the legal entity that controls the facility's demonstrated in the following example. operation,rather than the plant or site manager. 2. Provide the telephone number of the facility operator. Example: Convert 54,450 ft2 to acres Divide 54,450 ft2 by 43,560 square feet per acre: 3. Provide the mailing address of the operator(P.O.Box numbers may be 54,450 ft2-43,560 ttz/acre=1.25 acres. used). Include the city,state,and zip code. All correspondence will be sent to this address. 9.Check"Yes"or"No"as appropriate to indicate whether you have paved or roofed over a formerly exposed,pervious area(i.e.,lawn,meadow, dirt or gravel road/parking lot)in order to qualify for no exposure. If yes, also indicate approximately how much area was paved or roofed over and is now impervious area. EPA Form 3510-11 (10-99) Page 3 of 4 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68811 NPDES �_, Instructions for the NO EXPOSURE CERTIFICATION for Form Approved 3510-1A1 410EPA OMB No.2040-0211 Exclusion from NPDES Storm Water Permitting Section C. Exposure Checklist authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures: Check"Yes"or"No"as appropriate to describe the exposure conditions at your facility. If you answer"Yes to ANY of the questions(1)through(1 1) For a partnership or sole proprietorship: by a general partner or the in this section,a potential for exposure exists at your site and you cannot proprietor;or certify to a condition of no exposure. You must obtain(or already have) coverage under an NPDES storm water permit. After obtaining permit For a municipal,State, Federal,or other public facility: by either a coverage,you can institute modifications to eliminate the potential for a principal executive or ranking elected official. discharge of storm water exposed to industrial activity,and then certify to a condition of no exposure. Paperwork Reduction Act Notice Section D. Certification Statement Public reporting burden for this certification is estimated to average 1.0 hour per certification,including time for reviewing instructions,searching existing Federal statutes provide for severe penalties for submitting false information data sources,gathering and maintaining the data needed,and completing on this application form. Federal regulations require this application to be and reviewing the collection of information. Burden means the total time, signed as follows: effort,or financial resources expended by persons to generate,maintain, retain,or disclose to provide information to or for a Federal agency. This For a corporation: by a responsible corporate officer,which means: includes the time needed to review instructions;develop,acquire,install. and utilize technology and systems for the purposes of collecting,validating, (i) president,secretary,treasurer,or vice-president of the corporation and verifying information, processing and maintaining information,and in charge of a principal business function,or any other person disclosing and providing information;adjust the existing ways to comply with who performs similar policy or decision making functions for the any previously applicable instructions and requirements;train personnel to corporation,or be able to respond to a collection of information:search data sources; complete and review the collection of information:and transmit or otherwise (ii) the manager of one or more manufacturing, production, or disclose the information. An agency may not conduct or sponsor,and a operating facilities,provided the manager is authorized to make person is not required to respond to,a collection of information unless it management decisions which govern the operation of the displays a currently valid OMB control number. Send comments regarding regulated facility including having the explicit or implicit duty of the burden estimate,any other aspect of the collection of information,or making major Capital investment recommendations,and initiating suggestions for improving this form,including any suggestions which may and directing other comprehensive measures to assure long increase or reduce this burden to: Director,OPPE Regulatory Information term environmental compliance with environmental laws and Division (2137), USEPA, 401 M Street, SW.Washington, D.C.20460. regulations: the manager can ensure that the necessary systems Include the OMB control number of this form on any correspondence. Do are established or actions taken to gather complete and accurate not send the completed No Exposure Certification form to this address. information for permit application requirements;and where EPA Form 3510.11 (10.99) Page 4 of 4 BILLING CODE 6560-50-C on a schedule consistent with a State The rule allows a covered small MS4 to Appendix 5 to Preamble—Regulatory watershed permitting approach. "piggy-back"on to the storm water Flexibility for Small Entities Clarifying,Consolidating,or Simplifying management program of an adjoining Phase Compliance and Reporting Requirements I MS4.A small MS4 is waived from the A.Regulatory Flexibility for Small application requirements of Municipal Storm Sewer Systems MS4s The rule avoids duplication in permit §122.26 d 1 ) (' ) ( )( )(iii) p y (MS4s) O( )(iii, iv and d 2 requirements by allowing NPDES permitting [discharge characterization]and may satisfy Different Compliance,Reporting,or authorities to include permit conditions that the requirements of§122.26(d)(1)(v)and Timetables That Are Responsive to Resources direct an MS4 to follow the requirements of (d)(2)(iv)[identifying a management plan]by of Small Entities a qualifying local program rather than the q fY� g P g referencing the adjoining Phase I MS4's NPDES permitting authorities can issue requirements of a minimum measure. storm water management plan. general permits instead of requiring Compliance with these programs is The rule accommodates the use of the individual permits.This flexibility avoids the considered compliance with the NPDES watershed approach through NPDES general high application costs and administrative general permit. permits that could be issued on a watershed burden associated with individual permits. The rule allows NPDES permitting basis.The small MS4 can develop measures NPDES permitting authorities can specify a authorities to recognize existing that are tailored to meet their watershed time period of up to five years for small MS4s responsibilities among different municipal requirements.The small MS4's storm water to fully develop and implement their entities to satisfy obligations for the management program can tie into watershed- program minimum control measures. wide plans. A further alternative allows a small MS4 to Analytic monitoring is not required. satisfy its NPDES permit obligations if performance Rather Than Design Standards After the first permit term and subsequent another governmental entity is already for Small Entities permit terms,submittal of a summary report implementing a minimum control measure in Small governmental jurisdictions whose is only required in years two and four(Phase the jurisdiction of the small MS4.The MS4s are covered by this rule are allowed to I municipalities are currently required to following conditions must be met: choose the best management practices submit a detailed report each year). 1.The other entity is implementing the (BMPs)to be implemented and the A brief reporting format is encouraged to control measure, measurable goals for each of the minimum facilitate compiling and analyzing data from 2.The particular control measure(or control measures: submitted reports.EPA intends to develop a component thereof)is at least as stringent as 1.Public education and outreach on storm model form for this purpose. the corrersponding NPDES permit water impacts NPDES Permitting Authorities can phase in requirement,and 2.Public Involvement/Participation permit coverage for small MS4s serving 3.The other entity agrees to implement the 3.Illicit discharge detection and jurisdictions with a population under 10,000 control measure on your behalf. elimination 68812 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 4.Construction site storm water runoff most appropriate for the construction site AL Elmore County control based on the operator's storm water pollution AL Etowah County 5.Post-construction storm water prevention plan. AL Flint City town management in new development and AL Florence city redevelopment Waivers for Small Entities From Coverage AL Gadsden city 6.Pollution prevention/good housekeeping Waivers could be granted based on the use AL Glencoe city for municipal operations of a rainfall erosivity factor or a AL Grimes town EPA will provide guidance and comprehensive analysis of water quality AL Hartselle city recommend,but not mandate,certain BMPs impacts. AL Hobson City town for some of the minimum control measures (A)Low rainfall waiver:When the rainfall AL Hokes Bluff city listed above.States can provide guidance to erosivity factor("R"from Revised Universal AL Houston County supplement or supplant EPA guidance. Soil Loss Equation)is less than 5 during the AL Kinsey town Small MS4s can identify the measurable period of construction activity,a permit is AL Lauderdale County goals for each of the minimum control not required. AL Lee County measures listed above.In their reports to the (B)Determination based on Water Quality AL Limestone County NPDES permitting authority,the small MS4s Analysis:The NPDES permitting authority AL Madison County must evaluate their progress towards can waive from coverage construction AL Midland City town achievement of their identified measurable activities disturbing from 1 acre up to 5 acres AL Montgomery County goals. of land where storm water controls are not AL Morgan County Waivers for Small Entities From Coverage needed based on: AL Muscle Shoals city 1.A TMDL approved or established by AL Napier Field town The rule allows permitting authorities to EPA that addresses the pollutants of concern, AL Northport city waive from coverage MS4s operated by small or AL Opelika city governmental jurisdictions located within an 2.For non-impaired waters,an equivalent AL Oxford city urbanized area and serving a population less analysis that determines that such allocations AL Phenix City city than 1,000 people where the permitting are not needed to protect water quality based AL Prattville city authority has determined the MS4 is not on consideration of existing in-stream AL Priceville town contributing substantially to the pollutant concentrations,expected growth in pollutant AL Rainbow City city loadings of an interconnected MS4 and,if the contributions from all sources,and a margin AL Russell County MS4 discharges pollutants that have been of safety. AL Sheffield city identified as a cause of impairment in the AL Southside city receiving water of the MS4 then the C.Regulatory Flexibility for Industrial/ AL Sylvan Springs town permitting authority has determined that Commercial Facilities AL Talladega County storm water controls are not needed based on Waivers for Small Entities From Coverage AL Tuscaloosa city a TMDL that addresses the pollutants of AL Tuscaloosa County concern. The rule provides a"no-exposure"waiver AL Tuscumbia city The rule allows the permitting authority to provision for Phase I industrial/commercial AL Weaver city waive from coverage MS4s serving a facilities.Qualifying facilities seeking this AR Alexander town o ulation under 10,000 where the provision simply need to complete a self- P P AR Barling city permitting authority has evaluated all waters certification form indicating that no AR Benton County that receive a discharge from the MS4 and industrial materials or activities are exposed AR Cammack Village city the permitting authority has determined that to rain,snow,snow melt and/or runoff. AR Crawford County storm water controls are not needed based on Appendix 6 of Preamble— AR Crittenden County a TMDL that addresses the pollutants of Governmental Entities Located Fully or AR Farmington city concern and future discharges do not have AR Fayetteville city the potential to result in exceedances of Partially Within an Urbanized Area AR Fort Smith city water quality standards. (This is a reference list only,not a list of AR Greenland town B.Regulatory Flexibility for Small all operators of small MS4s subject to AR Jacksonville city Construction Activities §§122.32-122.36.For example,a listed AR Jefferson County governmental entity is only regulated if it AR Johnson city Different Compliance,Reporting,or operates a small MS4 within an"urbanized AR Marion city Timetables That Are Responsive to Resources area"boundary as determined by the Bureau AR Miller County of Small Entities of the Census.Furthermore,entities such as AR North Little Rock city The rule gives NPDES permitting military bases,large hospitals,prison AR Pine Bluff city authorities discretion not to require the complexes,universities,sewer districts,and AR Pulaski County submittal of a notice of intent(NOI)for highway departments that operate a small AR Saline County coverage under a NPDES general permit, MS4 within an urbanized area are also AR Sebastian County thereby reducing administrative and subject to the permitting regulations but are AR Shannon Hills city financial burden.All construction sites not individually listed here.See AR Sherwood city disturbing greater than 5 acres must submit §122.26(b)(16)for the definition of a small AR Springdale city an NOI. MS4 and§122.32(a)for the definition of a AR Sunset town regulated small MS4.) AR Texarkana city Clarifying,Consolidating,or Simplifying (Source:1990 Census of Population and AR Van Buren city Compliance and Reporting Requirements Housing,U.S.Bureau of the Census.This list AR Washington County The rule avoids duplication by allowing is subject to change with the Decennial AR West Memphis city the NPDES permitting authority to Census) AR White Hall city incorporate by reference State,Tribal,or AL Anniston city AZ Apache Junction city local programs under a NPDES general AL Attalla city AZ Chandler city permit.Compliance with these programs is AL Auburn city AZ El Mirage town considered compliance with the NPDES AL Autauga County AZ Gilbert town general permit. AL Blue Mountain town AZ Guadalupe town AL Calhoun County AZ Maricopa County Performance Rather Than Design Standards AL Colbert County AZ Oro Valley town for Small Entities AL Dale County AZ Paradise Valley town The operator of a covered construction AL Decatur city AZ Peoria city activity selects and implement the BMPs AL Dothan city AZ Pinal County Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68813 AZ South Tucson city CA Victorville city CT Farmington town AZ Surprise town CA Villa Park city CT Franklin town AZ Tolleson city CA Visalia city CT Glastonbury town AZ Youngtown town CA Watsonville city CT Greenwich town AZ Yuma city CA West Sacramento city CT Groton city AZ Yuma County CA Yolo County CT Groton town CA Apple Valley town CA Yuba City city CT Guilford town CA Belvedere city CA Yuba County CT Hamden town CA Benicia city CO Adams County CT Hartford city CA Brentwood city CO Arvada city CT Hartford County CA Butte County CO Boulder city CT Ledyard town CA Capitola city CO Boulder County CT Lisbon town CA Carmel-by-the-Sea city CO Bow Mar town CT Litchfield County CA Carpinteria city CO Broomfield city CT Manchester town CA Ceres city CO Cherry Hills Village city CT Meriden city CA Chico city CO Columbine Valley town CT Middlebury town CA Compton city CO Commerce City city CT Middlefield town CA Corte Madera town CO Douglas County CT Middlesex County CA Cotati city CO Edgewater city CT Middletown city CA Davis city CO El Paso County CT Milford city(remainder) CA Del Rey Oaks city CO Englewood city CT Monroe town CA Fairfax town CO Evans city CT Montville town CA Hesperia city CO Federal Heights city CT Naugatuck borough CA Imperial County CO Fort Collins city CT New Britain city CA Lakewood city CO Fountain city CT New Canaan town CA Lancaster city CO Garden City town CT New Fairfield town CA Larkspur city CO Glendale city CT New Haven city CA Lodi city CO Golden city CT New Haven County CA Lompoc city CO Grand Junction city CT New London city CA Marin County CO Greeley city CT New London County CA Marina city CO Greenwood Village city CT New Milford town CA Marysville city CO Jefferson County CT Newington town CA Merced city CO La Salle town CT Newtown town CA Merced County CO Lakeside town CT North Branford town CA Mill Valley city CO Larimer County CT North Haven town CA Monterey city CO Littleton city CT Norwalk city CA Monterey County CO Longmont city CT Norwich city CA Morgan Hill city CO Manitou Springs city CT Orange town CA Napa city CO Mesa County CT Oxford town CA Napa County CO Mountain View town CT Plainville town CA Novato city CO Northglenn city CT Plymouth town CA Pacific Grove city CO Pueblo city CT Portland town CA Palm Desert city CO Pueblo County CT Preston town CA Palmdale city CO Sheridan city CT Prospect town CA Piedmont city CO Thornton city CT Rocky Hill town CA Placer County CO Weld County CT Seymour town CA Redding city CO Westminster city CT Shelton city CA Rocklin city CO Wheat Ridge city CT Sherman town CA Rohnert Park city CT Ansonia city CT Somers town CA Roseville city CT Avon town CT South Windsor town CA Ross town CT Beacon Falls town CT Southington town CA San Anselmo town CT Berlin town CT Sprague town CA San Buenaventura(Ventura)city CT Bethel town CT Stonington town CA San Francisco city CT Bloomfield town CT Stratford town CA San Joaquin County CT Bozrah town CT Suffield town CA San Luis Obispo city CT Branford town CT Thomaston town CA San Luis Obispo County CT Bridgeport city CT Thompson town CA San Rafael city CT Bristol city CT Tolland County CA Sand City city CT Brookfield town CT Tolland town CA Santa Barbara city CT Burlington town CT Trumbull town CA Santa Barbara County CT Cheshire town CT Vernon town CA Santa Cruz city CT Cromwell town CT Wallingford town CA Santa Cruz County CT Danbury city CT Waterbury city CA Santa Maria city CT Darien town CT Waterford town CA Sausalito city CT Derby city CT Watertown town CA Scotts Valley city CT Durham town CT West Hartford town CA Seaside city CT East Granby town CT West Haven city CA Shasta County CT East Hartford town CT Weston town CA Solano County CT East Haven town CT Westport town CA Sonoma County CT East Lyme town CT Wethersfield town CA Stanislaus County CT East Windsor town CT Wilton town CA Suisun City city CT Easton town CT Windham County CA Sutter County CT Ellington town CT Windsor Locks town CA Tiburon town CT Enfield town CT Windsor town CA Tulare County CT Fairfield County CT Wolcott town CA Vacaville city CT Fairfield town CT Woodbridge town 68814 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations CT Woodmont borough FL Sweetwater city IA Riverdale city DE Camden town FL Titusville city IA Robins city DE Dover city FL Valparaiso city IA Scott County DE Kent County FL Vero Beach city IA Sergeant Bluff city DE Newark city FL Virginia Gardens village IA Sioux City city DE Wyoming town FL Volusia County IA University Heights city FL Alachua County FL Walton County IA Urbandale city FL Baldwin town FL Weeki Wachee city IA Warren County FL Bay County FL West Melbourne city IA Waterloo city FL Belleair Shore town FL Windermere town IA West Des Moines city FL Biscayne Park village GA Albany city IA Windsor Heights city FL Brevard County GA Athens city IA Woodbury County FL Callaway city GA Bartow County rD Ada County FL Cape Canaveral city GA Brunswick city ID Ammon city FL Cedar Grove town GA Catoosa County ID Bannock County FL Charlotte County GA Centerville city ID Bonneville County FL Cinco Bayou town GA Chattahoochee County ID Chubbuck city FL Clay County GA Cherokee County ID Idaho Falls city FL Cocoa Beach city GA Chickamauga city ID Iona city FL Cocoa city GA Clarke County ID Pocatello city FL Collier County GA Columbia County ID Power County FL Daytona Beach city GA Conyers city IL Addison township FL Daytona Beach Shores city GA Dade County IL Addison village FL Destin city GA Dougherty County IL Algonquin township FL Edgewater city GA Douglas County IL Algonquin village FL El Portal village GA Douglasville city IL Alorton village FL Florida City city GA Fayette County IL Alsip village FL Fort Pierce city GA Floyd County IL Alton city FL Fort Walton Beach city GA Fort Oglethorpe city IL Antioch township FL Gainesville city GA Glynn County IL Antioch village FL Gulf Breeze city GA Grovetown city IL Arlington Heights village FL Hernando County GA Henry County IL Aroma Park village FL Hillsboro Beach town GA Houston County IL Aroma township FL Holly Hill city GA Jones County IL Aurora city FL Indialantic town GA Lee County IL Aurora township FL Indian Harbour Beach city GA Lookout Mountain city IL Avon township FL Indian River County GA Mountain Park city IL Ball township FL Indian River Shores town GA Oconee County IL Bannockburn village FL Indian Shores town GA Payne city IL Barrington township FL Kissimmee city GA Rockdale County IL Barrington village FL Lazy Lake village GA Rome city IL Bartlett village FL Lynn Haven city GA Rossville city IL Bartonville village FL Malabar town GA Stockbridge city IL Batavia city FL Marion County GA Vernonburg town IL Batavia township FL Martin County GA Walker County IL Beach Park village FL Mary Esther city GA Warner Robins city IL Bedford Park village FL Melbourne Beach town GA Winterville city IL Belleville city FL Melbourne city GA Woodstock city IL Bellevue village FL Melbourne Village town IA Altoona city IL Bellwood village FL Naples city IA Asbury city IL Bensenville village FL New Smyrna Beach city IA Bettendorf city IL Benton township FL Niceville city IA Black Hawk County IL Berkeley village FL Ocala city IA Buffalo city IL Berwyn city FL Ocean Breeze Park town IA Carter Lake city IL Bethalto village FL Okaloosa County IA Cedar Falls city IL Blackhawk township FL Orange Park town IA Clive city IL Bloom township FL Ormond Beach city IA Coralville city IL Bloomingdale township FL Osceola County IA Council Bluffs city IL Bloomingdale village FL Palm Bay city IA Dallas County IL Bloomington city FL Panama City city IA Dubuque city IL Bloomington township FL Parker city IA Dubuque County IL Blue Island city FL Ponce Inlet town IA Elk Run Heights city IL Bolingbrook village FL Port Orange city IA Evansdale city IL Bourbonnais township FL Port St.Lucie city IA Hiawatha city IL Bourbonnais village FL Punta Gorda city IA Iowa City city IL Bowling township FL Rockledge city IA Johnson County IL Bradley village FL Santa Rosa County IA Johnston city IL Bremen township FL Satellite Beach city IA Le Claire city IL Bridgeview village FL Sewall's Point town IA Linn County IL Bristol township FL Shalimar town IA Marion city IL Broadview village FL South Daytona city IA Norwalk city IL Brookfield village FL Springfield city IA Panorama Park city IL Brooklyn village FL St.Johns County IA Pleasant Hill city IL Buffalo Grove village FL St.Lucie County IA Polk County IL Burbank city FL St.Lucie village IA Pottawattamie County IL Burnham village FL Stuart city IA Raymond city IL Burr Ridge village Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68815 IL Burritt township IL Elk Grove Village village IL Jerome village IL Burton township IL Elm Grove township IL Jo Daviess County IL Cahokia village IL Elmhurst city IL Joliet city IL Calumet City city IL Elmwood Park village IL Joliet township IL Calumet Park village IL Evanston city IL Justice village IL Calumet township IL Evergreen Park village IL Kane County IL Canteen township IL Fairmont City village IL Kankakee city IL Capital township IL Fairview Heights city IL Kankakee County IL Carbon Cliff village IL Flossmoor village IL Kankakee township IL Carol Stream village IL Fondulac township IL Kendall County IL Carpentersville Village IL Ford Heights village IL Kenilworth village IL Cary village IL Forest Park village IL Kickapoo township IL Caseyville township IL Forest View village IL Kildeer village IL Caseyville village IL Forsyth village IL La Grange Park village IL Centreville city IL Fort Russell township IL La Grange village IL Centreville township IL Foster township IL Lake Barrington village IL Champaign city IL Fox Lake village IL Lake Bluff village IL Champaign County IL Fox River Grove village IL Lake Forest city IL Champaign township IL Frankfort township IL Lake in the Hills village IL Channahon township IL Frankfort village IL Lake Villa township IL Cherry Valley township IL Franklin Park village IL Lake Villa village IL Cherry Valley village IL Fremont township IL Lake Zurich village IL Chicago city IL Gardner township IL Lakemoor village IL Chicago Heights city IL Geneva city IL Lakewood village IL Chicago Ridge village IL Geneva township IL Lansing village IL Chouteau township IL Gilberts village IL Leland Grove city IL Cicero town IL Glen Carbon village IL Lemont township IL Cincinnati township IL Glen Ellyn village IL Leyden township IL Clarendon Hills village IL Glencoe village IL Libertyville township IL Coal Valley township IL Glendale Heights village IL Libertyville village IL Coal Valley village IL Glenview village IL Limestone township IL Collinsville city IL Glenwood village IL Lincolnshire village IL Collinsville township IL Godfrey township IL Lincolnwood village IL Colona township IL Golf village IL Lindenhurst village IL Colona village IL Grafton township IL Lisle township IL Columbia city IL Grandview village IL Lisle village IL Country Club Hills city IL Granite City city IL Lockport city IL Countryside city IL Grant township IL Lockport township IL Crest Hill city IL Grayslake village IL Lombard village IL Crestwood village IL Green Oaks village IL Long Creek township IL Crete township IL Green Rock city IL Long Grove village IL Crete village IL Groveland township IL Loves Park city IL Creve Coeur village IL Gurnee village IL Lynwood village IL Crystal Lake city IL Hainesville village IL Lyons township IL Cuba township IL Hampton township IL Lyons village IL Curran township IL Hampton village IL Machesney Park village IL Darien city IL Hanna township IL Macon County IL Decatur city IL Hanover Park village IL Madison city IL Decatur township IL Hanover township IL Madison County IL Deer Park village IL Harlem township IL Maine township IL Deerfield township IL Harristown township IL Markham city IL Deerfield village IL Harristown village IL Marquette Heights city IL Des Plaines city IL Hartford village IL Maryville village IL Dixmoor village IL Harvey city IL Matteson village IL Dolton village IL Harwood Heights village IL Maywood village IL Dorr township IL Hawthorn Woods village IL McCook village IL Downers Grove township IL Hazel Crest village IL McCullom Lake village IL Downers Grove village IL Henry County IL McHenry city IL Dry Grove township IL Hensley township IL McHenry County IL Du Page township IL Hickory Hills city IL McHenry township IL Dundee township IL Hickory Point township IL McLean County IL Dunleith township IL Highland Park city IL Medina township IL Dupo village IL Highwood city IL Melrose Park village IL East Alton village IL Hillside village IL Merrionette Park village IL East Dubuque city IL Hinsdale village IL Midlothian village IL East Dundee village IL Hodgkins village IL Milan village IL East Hazel Crest village IL Hoffman Estates village IL Milton township IL East Moline city IL Hollis township IL Moline city IL East Peoria city IL Homer township IL Moline township IL East St.Louis city IL Hometown city IL Monee township IL Edwardsville city IL Homewood village IL Monroe County IL Edwardsville township IL Indian Creek village IL Montgomery village IL Ela township IL Indian Head Park village IL Moro township IL Elgin city IL Inverness village IL Morton Grove village IL Elgin township IL Itasca village IL Morton township IL Elk Grove township IL Jarvis township IL Morton village 68816 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations IL Mount Prospect village IL Riverdale village IL Troy city IL Mount Zion township IL Riverside township IL Troy township IL Mount Zion village IL Riverside village IL University Park village IL Mundelein village IL Riverwoods village IL Urbana city IL Nameoki township IL Robbins village IL Urbana township IL Naperville city IL Rochester township IL Venice city IL Naperville township IL Rock Island city IL Venice township IL National City village IL Rock Island County IL Vernon Hills village IL New Lenox township IL Rock Island township IL Vernon township IL New Lenox village IL Rockdale village IL Villa Park village IL New Millford village IL Rockford township IL Warren township IL New Trier township IL Rockton township IL Warrenville city IL Newport township IL Rockton village IL Washington city IL Niles township IL Rolling Meadows city IL Washington Park village IL Niles village IL Romeoville village IL Washington township IL Normal town IL Roscoe township IL Wauconda township IL Normal township IL Roscoe village IL Waukegan city IL Norridge village IL Roselle village IL Waukegan township IL North Aurora village IL Rosemont village IL Wayne township IL North Barrington village IL Round Lake Beach village IL West Chicago city IL North Chicago city IL Round Lake Heights village IL West Deerfield township IL North Pekin village IL Round Lake Park village IL West Dundee village IL North Riverside village IL Round Lake village IL West Peoria township IL Northbrook village IL Roxana village IL Westchester village IL Northfield township IL Rutland township IL Western Springs village IL Northfield village IL Sangamon County IL Westmont village IL Northlake city IL Sauget village IL Wheatland township IL Norwood Park township IL Sauk Village village IL Wheaton city IL Norwood village IL Savoy village IL Wheeling township IL Nunda township IL Schaumburg township IL Wheeling village IL Oak Brook village IL Schaumburg village IL Whitmore township IL Oak Forest city IL Schiller Park village IL Will County IL Oak Grove village IL Shields township IL Willow Springs village IL Oak Lawn village IL Shiloh Valley township IL Willowbrook village IL Oak Park village IL Shiloh village IL Wilmette village IL Oakbrook Terrace city IL Shorewood village IL Winfield township IL Oakley township IL Silvis city IL Winfield village IL Oakwood Hills village IL Skokie village IL Winnebago County IL O'Fallon city IL Sleepy Hollow village IL Winnetka village IL O'Fallon township IL Somer township IL Winthrop Harbor village IL Olympia Fields village IL South Beloit city IL Wood Dale city IL Orland Hills village IL South Chicago Heights village IL Wood River city IL Orland Park village IL South Elgin village IL Wood River township IL Orland township IL South Holland village IL Woodford County IL Oswego township IL South Moline township IL Woodridge village IL Oswego village IL South Rock Island township IL Woodside township IL Otto township IL South Roxana village IL Worth township IL Owen township IL South Wheatland township IL Worth village IL Palatine township IL Southern View village IL York township IL Palatine village IL Spring Bay township IL Zion city IL Palos Heights city IL Springfield city IN Aboite township IL Palos Hills city IL Springfield township IN Adams township IL Palos Park village IL St.Charles city IN Allen County IL Palos township IL St.Charles township IN Anderson city IL Park City city IL St.Clair County IN Anderson township IL Park Forest village IL St.Clair township IN Baugo township IL Park Ridge city IL Steger village IN Beech Grove city IL Pekin city IL Stickney township IN Bloomington city IL Pekin township IL Stickney village IN Bloomington township IL Peoria city IL Stites township IN Boone County IL Peoria County IL Stone Park village IN Buck Creek township IL Peoria Heights village IL Stookey township IN Calumet township IL Phoenix village IL Streamwood village IN Carmel city IL Pin Oak township IL Sugar Grove township IN Castleton town IL Plainfield township IL Sugar Loaf township IN Cedar Creek township IL Plainfield village IL Summit village IN Center township IL Pontoon Beach village IL Sunnyside village IN Centre township IL Posen village IN Chesterfield town IL Precinct 10 IL Swansea village IN Chesterton town IL Prospect Heights city IL Tazewell County IN Clark County IL Proviso township IL Thornton township IN Clarksville town IL Rich township IL Thornton village IN Clay township IL Richton Park village IL Tinley Park village IN Clermont town IL Richwoods township IL Tolono township IN Cleveland township IL River Forest village IL Tower Lakes village IN Concord township IL River Grove village IL Tremont township IN Country Club Heights town Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68817 IN Crown Point city IN Osolo township KS Leawood city IN Crows Nest town IN Otter Creek township KS Lenexa city IN Cumberland town IN Penn township KS Merriam city IN Daleville town IN Perry township KS Minneha township IN Delaware County IN Pigeon township KS Mission city IN Delaware township IN Pike township KS Mission Hills city IN Dyer town IN Pleasant township KS Mission township IN Eagle township IN Portage city KS Mission Woods city IN East Chicago city IN Portage township KS Monticello township IN Edgewood town IN Porter County KS Ohio township IN Elkhart city IN Porter town KS Olathe city IN Elkhart County IN Richland township KS Olathe township IN Elkhart township IN Riley township KS Park City city IN Evansville city IN River Forest town KS Park township IN Fairfield township IN Rocky Ripple town KS Prairie Village city IN Fall Creek township IN Roseland town KS Riverside township IN Fishers town IN Ross township KS Roeland Park city IN Floyd County IN Salem township KS Salem township IN Fort Wayne city IN Schererville town KS Sedgwick County IN Franklin township IN Seelyville town KS Shawnee city IN Gary city IN Sellersburg town KS Shawnee County IN German township IN Selma town KS Shawnee township IN Goshen city IN Silver Creek township KS Soldier township IN Greenwood city IN South Bend city KS Tecumseh township IN Griffith town IN Southport city KS Topeka township IN Hamilton County IN Speedway town KS Waco township IN Hamilton township IN Spring Hill town KS Wakarusa township IN Hammond city IN St.John town KS Washington township IN Hancock County IN St.John township KS Westwood city IN Hanover township IN St.Joseph County KS Westwood Hills city IN Harris township IN St.Joseph township KS Williamsport township IN Harrison township IN Sugar Creek township KS Wyandotte County IN Hendricks County IN Taylor township KY Alexandria city IN Highland town IN Terre Haute city KY Ashland city IN Hobart city IN Tippecanoe County KY Bellefonte city IN Hobart township IN Tippecanoe township KY Bellevue city IN Homecroft town IN Union township KY Boone County IN Honey Creek township IN Utica township KY Boyd County IN Howard County IN Van Buren township KY Bromley city IN Howard township IN Vanderburgh County KY Bullitt County IN Indian Village town IN Vigo County KY Campbell County IN Jackson township IN Wabash township KY Catlettsburg city IN Jefferson township IN Warren Park town KY Christian County IN Jeffersonville city IN Warren township KY Covington city IN Jeffersonville township IN Warrick County KY Crescent Park city IN Johnson County IN Washington township KY Crescent Springs city IN Knight township IN Wayne township KY Crestview city IN Kokomo city IN Wea township KY Crestview Hills city IN Lafayette city IN West Lafayette city KY Daviess County IN Lafayette township IN West Terre Haute town KY Dayton city IN Lake County IN Westchester township KY Edgewood city IN Lake Station city IN Westfield town KY Elsmere city IN Lawrence city IN White River township KY Erlanger city IN Lawrence township IN Whiteland town KY Fairview city IN Liberty township IN Whiting city KY Flatwoods city IN Lincoln township IN Williams Creek town KY Florence city IN Lost Creek township IN Woodlawn Heights town KY Forest Hills city IN Madison County IN Wynnedale town KY Fort Mitchell city IN Meridian Hills town IN Yorktown town KY Fort Thomas city IN Merrillville town IN Zionsville town KY Fort Wright city IN Mishawaka city KS Attica township KY Fox Chase city IN Monroe County KS Bel Aire city KY Greenup County IN Mount Pleasant township KS Countryside city KY Hebron Estates city IN Muncie city KS Delano township KY Henderson city IN Munster town KS Doniphan County KY Henderson County IN New Albany city KS Douglas County KY Highland Heights city IN New Albany township KS Eastborough city KY Hillview city IN New Chicago town KS Elwood city KY Hunters Hollow city IN New Haven city KS Fairway city KY Independence city IN New Whiteland town KS Gypsum township KY Jessamine County IN Newburgh town KS Haysville city KY Kenton County IN North Crows Nest town KS Johnson County KY Kenton Vale city IN North township KS Kechi city KY Lakeside Park city IN Ogden Dunes town KS Kechi township KY Latonia Lakes city IN Ohio township KS Lake Quivira city KY Ludlow city IN Osceola town KS Lawrence city KY Melbourne city 68818 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations KY Newport city MA Cambridge city MA Medway town KY Oak Grove city MA Canton town MA Melrose city KY Owensboro city MA Charlton town MA Merrimac town KY Park Hills city MA Chelmsford town MA Methuen town KY Pioneer Village city MA Chelsea city MA Middlesex County KY Raceland city MA Chicopee city MA Middleton town KY Russell city MA Cohasset town MA Millbury town KY Silver Grove city MA Concord town MA Millis town KY Southgate city MA Dalton town MA Millville town KY Taylor Mill city MA Danvers town MA Milton town KY Villa Hills city MA Dartmouth town MA Nahant town KY Wilder city MA Dedham town MA Natick town KY Woodlawn city MA Dennis town MA Needham town KY Wurtland city MA Dighton town MA New Bedford city LA Alexandria city MA Dover town MA Newton city LA Baker city MA Dracut town MA Norfolk town LA Ball town MA Dudley town MA North Andover town LA Bossier City city MA East Bridgewater town MA North Attleborough town LA Bossier Parish MA East Longmeadow town MA North Reading town LA Broussard town MA Easthampton town MA Northampton city LA Caddo Parish MA Easton town MA Nouthborough town LA Calcasieu Parish MA Essex County MA Northbridge town LA Carencro city MA Essex town MA Norton town LA Denham Springs city MA Everett city MA Norwell town LA Houma city MA Fairhaven town MA Norwood town LA Lafayette city MA Fall River city MA Oxford town LA Lafayette Parish MA Fitchburg city MA Paxton town LA Lafourche Parish MA Foxborough town MA Peabody city LA Lake Charles city MA Framingham town MA Pembroke town LA Livingston Parish MA Franklin town MA Pittsfield city LA Monroe city MA Freetown town MA Plainville town LA Ouachita Parish MA Georgetown town MA Plymouth County LA Pineville city MA Gloucester city MA Quincy city LA Plaquemines Parish MA Grafton town MA Randolph town LA Port Allen city MA Granby town MA Raynham town LA Rapides Parish MA Groton town MA Reading town LA Richwood town MA Groveland town MA Rehoboth town LA Scott town MA Hadley town MA Revere city LA Slidell city MA Halifax town MA Rockland town LA St.Bernard Parish MA Hamilton town MA Rockport town LA St.Charles Parish MA Hampden County MA Salem city LA St.Tammany Parish MA Hampden town MA Sandwich town LA Sulphur city MA Hampshire County MA Saugus town LA Terrebonne Parish MA Hanover town MA Scituate town LA West Baton Rouge Parish MA Hanson town MA Seekonk town LA West Monroe city MA Haverhill city MA Sharon town LA Westlake city MA Hingham town MA Shrewsbury town LA Zachary city MA Hinsdale town MA Somerset town MA Abington town MA Holbrook town MA Somerville city MA Acton town MA Holden town MA South Hadley town MA Acushnet town MA Holliston town MA Southampton town MA Agawam town MA Holyoke city MA Southborough town MA Amesbury town MA Hudson town MA Southwick town MA Andover town MA Hull town MA Springfield city MA Arlington town MA Lanesborough town MA Stoneham town MA Ashland town MA Lawrence city MA Stoughton town MA Attleboro city MA Leicester town MA Stow town MA Auburn town MA Leominster city MA Sudbury town MA Avon town MA Lexington town MA Sutton town MA Barnstable County MA Lincoln town MA Swampscott town MA Barnstable town MA Littleton town MA Swansea town MA Bedford town MA Longmeadow town MA Taunton city MA Bellingham town MA Lowell city MA Tewksbury town MA Belmont town MA Ludlow town MA Tyngsborough town MA Berkshire County MA Lunenburg town MA Uxbridge town MA Beverly city MA Lynn city MA Wakefield town MA Billerica town MA Lynnfield town MA Walpole town MA Blackstone town MA Malden city MA Waltham city MA Boxborough town MA Manchester town MA Watertown town MA Boylston town MA Mansfield town MA Wayland town MA Braintree town MA Marblehead town MA Webster town MA Bridgewater town MA Marlborough city MA Wellesley town MA Bristol County MA Mashpee town MA Wenham town MA Brockton city MA Maynard town MA West Boylston town MA Brookline town MA Medfield town MA West Bridgewater town MA Burlington town MA Medford city MA West Springfield town Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68819 MA Westborough town ME Cape Elizabeth town MI Delta township MA Westfield city ME Cumberland County MI Detroit city MA Westford town ME Eliot town MI East China township MA Westminster town ME Falmouth town MI East Detroit city MA Weston town ME Gorham town MI East Grand Rapids city MA Westport town ME Kittery town MI East Lansing city MA Westwood town ME Lebanon town MI Eaton County MA Weymouth town ME Lewiston city MI Ecorse city MA Whitman town ME Lisbon town MI Emmett township MA Wilbraham town ME Old Town city MI Erie township MA Williamsburg town ME Orono town MI Essexville city MA Wilmington town ME Penobscot County MI Farmington city MA Winchester town ME Penobscot Indian Island Reservation MI Farmington Hills city MA Winthrop town ME Portland city MI Ferndale city MA Woburn city ME Sabattus town MI Fillmore township MA Worcester County ME Scarborough town MI Flat Rock city MA Wrentham town ME South Berwick town MI Flint township MA Yarmouth town ME South Portland city MI Flushing city MD Allegany County ME Veazie town MI Flushing township MD Annapolis city ME Westbrook city MI Fort Gratiot township MD Bel Air town ME York Countv MI Frankenlust township MD Berwyn Heights town MI Ada township MI Franklin village MD Bladensburg town MI Allegan County MI Fraser city MD Bowie city MI Allen Park city MI Fruitport township MD Brentwood town MI Alpine township MI Gaines township MD Brookeville town MI Ann Arbor township MI Garden City city MD Capitol Heights town MI Auburn Hills city MI Genesee County MD Cecil County MI Bangor township MI Genesee township MD Cheverly town MI Bath township MI Georgetown township MD Chevy Chase Section Five village MI Battle Creek city MI Gibraltar city MD Chevy Chase Section Three village MI Bay City city MI Grand Blanc city MD Chevy Chase town MI Bay County MI Grand Blanc township MD Chevy Chase Village town MI Bedford township MI Grand Rapids Charter township MD College Park city MI Belleville city MI Grandville city MD Colmar Manor town MI Benton Charter township MI Grosse Ile township MD Cottage City town MI Benton Harbor city MI Grosse Pointe city MI) Cumberland city MI Berkley city MI Grosse Pointe Farms city MD District Heights city MI Berlin township MI Grosse Pointe Park city MD Edmonston town MI Berrien County MI Grosse Pointe Shores village MD Elkton town MI Beverly Hills village MI Grosse Pointe Woods city MD Fairmount Heights town MI Bingham Farms village MI Hampton township MD Forest Heights town MI Birmingham city MI Hamtramck city MD Frederick city MI Blackman township MI Harper Woods city MD Frostburg city MI Bloomfield Hills city MI Harrison township MD Funkstown town MI Bloomfield township MI Hazel Park city MD Gaithersburg city MI Bridgeport township MI Highland Park city MD Garrett Park town MI Brownstown township MI Highland township MD Glen Echo town MI Buena Vista Charter township MI Holland city MD Glenarden town MI Burtchville township MI Holland township MD Greenbelt city MI Burton city MI Howard township MD Hagerstown city MI Byron township MI Hudsonville city MD Highland Beach town MI Calhoun County MI Huntington Woods city MD Hyattsville city MI Canton township MI Huron township MD Kensington town MI Carrollton township MI Independence township MD Landover Hills town MI Cascade township MI Ingham County MD Laurel city MI Cass County MI Inkster city MD Martin's Additions village MI Center Line city MI Ira township MD Morningside town MI Chesterfield township MI Jackson city MD Mount Rainier city MI Clarkston village MI Jackson County MD New Carrollton city MI Clawson city MI James township MI) North Brentwood town MI Clay township MI Kalamazoo city MD Riverdale town MI Clayton township MI Kalamazoo County MD Rockville city MI Clinton County MI Kalamazoo township MD Seat Pleasant city MI Clinton township MI Keego Harbor city MD Smithsburg town MI Clio city MI Kent County MD Somerset town MI Clyde township MI Kentwood city MD Takoma Park city MI Commerce township MI Kimball township MD University Park town MI Comstock township MI Kochville township MD Walkersville town MI Cooper township MI Lake Angelus city MD Washington Grove town MI Dalton township MI Laketon township MD Williamsport town MI Davison city MI Laketown township ME Androscoggin County MI Davison township MI Lansing city ME Auburn city MI De Witt township MI Lansing township ME Bangor city MI Dearborn city MI Lathrup Village city ME Berwick town MI Dearborn Heights city MI Leoni township ME Brewer city MI Delhi Charter township MI Lincoln Park city 68820 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations MI Lincoln township MI Spring Arbor township MN Falcon Heights city MI Livonia city MI Springfield city MN Farmington city MI Macomb County MI Springfield township MN Fort Snelling unorg. MI Macomb township MI St.Clair city MN Fridley city MI Madison Heights city MI St.Clair County MN Gem Lake city MI Marysville city MI St.Clair Shores city MN Golden Valley city MI Melvindale city MI St.Clair township MN Grant township MI Meridian township MI St.Joseph Charter township MN Greenwood city MI Milford township MI St.Joseph city MN Ham Lake city MI Milton township MI Stevensville village MN Haven township MI Monitor township MI Sullivan township MN Hennepin County MI Monroe County MI Summit township MN Hermantown city MI Mount Clemens city MI Sumpter township MN Hilltop city MI Mount Morris city MI Superior township MN Hopkins city MI Mount Morris township MI Swartz Creek city MN Houston County MI Mundy township MI Sylvan Lake city MN Inver Grove Heights city MI Muskegon city MI Taylor city MN La Crescent city MI Muskegon County MI Texas township MN La Crescent township MI' Muskegon Heights city MI Thetford township MN Lake Elmo city MI Muskegon township MI Thomas township MN Lakeville city MI New Baltimore city MI Trenton city MN Landfall city MI Niles city MI Troy city MN Lauderdale city MI Niles township MI Utica city MN Le Sauk township MI North Muskegon city MI Van Buren township MN Lexington city MI Northville city MI Vienna township MN Lilydale city MI Northville township MI Walker city MN Lino Lakes city MI Norton Shores city MI Walled Lake city MN Little Canada city MI Novi city MI Washington township MN Long Lake city MI Novi township MI Washtenaw County MN Loretto city MI Oak Park city MI Waterford township MN Mahtomedi city MI Oakland Charter township MI Wayne city MN Maple Grove city MI Oakland County MI West Bloomfield township MN Maple Plain city MI Orchard Lake Village city MI Westland city MN Maplewood city MI Orion township MI White Lake township MN Marion township MI Oshtemo township MI Whiteford township MN Medicine Lake city MI Ottawa County MI Williamstown township MN Medina city MI Parchment city MI Wixom city MN Mendota city MI Park township MI Wolverine Lake village MN Mendota Heights city MI Pavilion township MI Woodhaven city MN Midway township MI Pennfield township MI Wyandotte city MN Minden township MI Pittsfield township MI Wyoming city MN Minnetonka Beach city MI Plainfield township MI Ypsilanti city MN Minnetonka city MI Pleasant Ridge city MI Ypsilanti township MN Minnetrista city MI Plymouth city MI Zeeland city MN Moorhead city MI Plymouth township MI Zilwaukee city MN Moorhead township MI Pontiac city MN Andover city MN Mound city MI Port Huron city MN Anoka city MN Mounds View city MI Port Huron township MN Anoka County MN New Brighton city MI Portage city MN Apple Valley city MN New Hope city MI Portsmouth township MN Arden Hills city MN Newport city MI Redford township MN Benton County MN North Oaks city MI Richfield township MN Birchwood Village city MN North St.Paul city MI River Rouge city MN Blaine city MN Oakdale city MI Riverview city MN Bloomington city MN Oakport township MI Rochester city MN Brooklyn Center city MN Olmsted County MI Rochester Hills city MN Brooklyn Park city MN Orono city MI Rockwood city MN Burnsville city MN Osseo city MI Romulus city MN Carver County MN Plymouth city MI Roosevelt Park city MN Cascade township MN Polk County MI Roseville city MN Champlin city MN Prior Lake city MI Ross township MN Chanhassen city MN Proctor city MI Royal Oak city MN Circle Pines city MN Ramsey city MI Royal Oak township MN Clay County MN Robbinsdale city MI Saginaw city MN Coon Rapids city MN Rochester city MI Saginaw County MN Cottage Grove city MN Rochester township MI Saginaw township MN Credit River township MN Rosemount city MI Schoolcraft township MN Crystal city MN Roseville city MI Scio township MN Dakota County MN Sartell city MI Shelby township MN Dayton city MN Sauk Rapids city MI Shoreham village MN Deephaven city MN Sauk Rapids township MI Sodus township MN Dilworth city MN Savage city MI South Rockwood village MN Duluth city MN Scott County MI Southfield city MN Eagan city MN Sherburne County MI Southfield township MN East Grand Forks city MN Shoreview city MI Southgate city MN Eden Prairie city MN Shorewood city MI Spaulding township MN Excelsior city MN South St.Paul city Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68821 MN Spring Lake Park city MO Cottleville township MO Missouri River township MN Spring Park city MO Country Club Hills city MO Missouri township MN St.Anthony city MO Country Club village MO Moline Acres city MN St.Cloud city MO Country Life Acres village MO Mount Pleasant township MN St.Cloud township MO Crestwood city MO Newton County MN St.Louis County MO Creve Coeur city MO Normandy city MN St.Paul Park city MO Creve Coeur township MO Normandy township MN Stearns County MO Crystal Lake Park city MO North Campbell No.1 township MN Sunfish Lake city MO Dardenne township MO North Campbell No.2 township MN Tonka Bay city MO Dellwood city MO North Campbell No.3 township MN Vadnais Heights city MO Dennis Acres village MO North Kansas City city MN Victoria city MO Des Peres city MO North View township MN Waite Park city MO Duquesne village MO Northmoor city MN Washington County MO Edmundson village MO Northwest township MN Wayzata city MO Ellisville city MO Northwoods city MN West St.Paul city MO Fenton city MO Norwood Court town MN White Bear Lake city MO Ferguson city MO Oakland city MN White Bear township MO Ferguson township MO Oakland Park village MN Willernie city MO Flordell Hills city MO Oaks village MN Woodbury city MO Florissant city MO Oakview village MN Woodland city MO Florissant township MO Oakwood Park village MN Wright County MO Fox township MO Oakwood village MO Airport Drive village MO Friedens township MO O'Fallon city MO Airport township MO Frontenac city MO O'Fallon township MO Andrew County MO Galena township MO Olivette city MO Arnold city MO Gallatin township MO Overland city MO Avondale city MO Gladstone city MO Pagedale city MO Ballwin city MO Glen Echo Park village MO Parkdale town MO Battlefield town MO Glenaire village MO Parkville city MO Bella Villa city MO Glendale city MO Pasadena Hills city MO Bellefontaine Neighbors city MO Grandview city MO Pasadena Park village MO Bellerive village MO Grantwood Village town MO Pettis township MO Bel-Nor village MO Gravois township MO Pine Lawn city MO Bel-Ridge village MO Greendale city MO Platte County MO Belton city MO Greene County MO Platte township MO Berkeley city MO Hadley township MO Platte Woods city MO Beverly Hills city MO Hanley Hills village MO Pleasant Valley city MO Big Creek township MO Harvester township MO Prairie township MO Birmingham village MO Hazelwood city MO Queeny township MO Black Jack city MO High Ridge township MO Randolph village MO Blanchette township MO Hillsdale village MO Raymore city MO Blue Springs city MO Houston Lake city MO Raymore township MO Blue township MO Huntleigh city MO Raytown city MO Bonhomme township MO Imperial township MO Redings Mill village MO Boone County MO Iron Gates village MO Richmond Heights city MO Boone township MO Jackson County MO Rivers township MO Breckenridge Hills village MO Jasper County MO Riverside city MO Brentwood city MO Jefferson County MO Riverview village MO Bridgeton city MO Jefferson township MO Rock Hill city MO Brooking township MO Jennings city MO Rock township MO Buchanan County MO Joplin city MO Rocky Fork township MO Calverton Park village MO Joplin township MO Saginaw village MO Campbell No.1 township MO Kickapoo township MO Shoal Creek Drive village MO Campbell No.2 township MO Kimmswick city MO Shoal Creek township MO Carl Junction city MO Kinloch city MO Shrewsbury city MO Carroll township MO Kirkwood city MO Silver Creek village MO Carterville city MO Ladue city MO Sioux township MO Cass County MO Lake St.Louis city MO Sni-A-Bar township MO Cedar township MO Lake Tapawingo city MO Spanish Lake township MO Center township MO Lake Waukomis city MO Spencer Creek township MO Charlack city MO Lakeshire city MO St.Ann city MO Chesterfield city MO Leawood village MO St.Charles city MO Chouteau township MO Lee's Summit city MO St.Ferdinand township MO Christian County MO Lemay township MO St.George city MO Clarkson Valley city MO Lewis and Clark township MO St.John city MO Clay County MO Liberty city MO St.Joseph city MO Clay township MO Liberty township MO St.Louis city MO Claycomd village MO Mac Kenzie village MO St.Peters city MO Clayton city MO Manchester city MO St.Peters township MO Clayton township MO Maplewood city MO Sugar Creek city MO Cliff Village village MO Marlborough village MO Sunset Hills city MO Columbia city MO Maryland Heights city MO Sycamore Hills village MO Columbia township MO May township MO Town and Country city MO Concord township MO Meramec township MO Twin Groves township MO Cool Valley city MO Midland township MO Twin Oaks village MO Cottleville town MO Mineral township MO Unity Village village 68822 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations MO University City city NC Catawba County ND Grand Forks County MO Uplands Park village NC Chapel Hill town ND Grand Forks township MO Valley Park city NC China Grove town ND Hay Creek township MO Velda Village city NC Clemmons village ND Lincoln city MO Velda Village Hills village NC Concord city ND Mandan city MO Vinita Park city NC Conover city ND Mandan unorg. MO Vinita Terrace village NC Cramerton town ND Morton County MO Warson Woods city NC Dallas town ND Reed township MO Washington township NC Davidson County ND West Fargo city MO Wayne township NC Durham County NE Bellevue city MO Weatherby Lake city NC Edgecombe County NE Bellevue No.2 precinct MO Webb City city NC Elon College town NE Benson precinct MO Webster Groves city NC Fletcher town NE Boys Town village MO Wellston city NC Forsyth County NE Chicago precinct MO Wentzville township NC Garner town NE Covington precinct MO Westwood village NC Gaston County NE Dakota County MO Wilbur Park village NC Gastonia city NE Douglas County MO Wilson township NC Gibsonville town NE Douglas precinct MO Winchester city NC Goldsboro city NE Florence precinct MO Windsor township NC Graham city NE Garfield precinct MO Woodson Terrace city NC Greenville city NE Gilmore No. 1 precinct MO Zumbehl township NC Guilford County NE Gilmore No.2 precinct MS Bay St.Louis city NC Harnett County NE Gilmore No.3 precinct MS Biloxi city NC Haw River town NE Grant precinct MS Brandon city NC Henderson County NE Highland No.1 precinct MS Clinton city NC Hickory city NE Highland No.2 precinct MS DeSoto County NC High Point city NE Jefferson precinct MS D'Iberville city NC Hildebran town NE La Platte precinct MS Flowood town NC Hope Mills town NE La Vista city MS Forrest County NC Indian Trail town NE Lancaster County MS Gautier city NC Jacksonville city NE Lancaster precinct MS Gulfport city NC Jamestown town NE McArdle precinct MS Hancock County NC Kannapolis city NE Millard precinct MS Harrison County NC Landis town NE Papillion city MS Hattiesburg city NC Leland town NE Papillion No.2 precinct MS Hinds County NC Long View town NE Pawnee precinct MS Horn Lake city NC Lowell city NE Ralston city MS Jackson County NC Matthews town NE Richland No.1 precinct MS Lamar County NC McAdenville town NE Richland No.2 precinct MS Long Beach city NC Mebane city NE Richland No.3 precinct MS Madison city NC Mecklenburg County NE Sarpy County MS Madison County NC Mint Hill town NE South Sioux City city MS Moss Point city NC Montreat town NE Union precinct MS Ocean Springs city NC Mount Holly city NE Yankee Hill precinct MS Pascagoula city NC Nash County NH Amherst town MS Pass Christian city NC New Hanover County NH Auburn town MS Pearl city NC Newton city NH Bedford town MS Petal city NC Onslow County NH Dover city MS Rankin County NC Orange County NH Durham town MS Richland city NC Pineville town NH Goffstown town MS Ridgeland city NC Pitt County NH Hillsborough County MS Southaven city NC Randolph County NH Hollis town MS Waveland city NC Ranlo town NH Hooksett town MT Billings city NC Rocky Mount city NH Hudson town MT Cascade County NC Rowan County NH Litchfield town MT Great Falls city NC Rural Hall town NH Londonderry town MT Missoula city NC Spring Lake town NH Madbury town MT Missoula County NC Stallings town NH Manchester city MT Yellowstone County NC Thomasville city NH Merrimack County NC Alamance County NC Union County NH Merrimack town NC Apex town NC Wake County NH Nashua city NC Archdale city NC Walkertown town NH New Castle town NC Asheville city NC Wayne County NH Newington town NC Belmont city NC Weaverville town NH Pelham town NC Belville town NC Wilmington city NH Plaistow town NC Bessemer City city NC Winterville town NH Portsmouth city NC Biltmore Forest town NC Woodfin town NH Rochester city NC Black Mountain town NC Wrightsville Beach town NH Rockingham County NC Brookford town ND Barnes township NH Rollinsford town NC Brunswick County ND Bismarck city NH Rye town NC Buncombe County ND Bismarck unorg. NH Salem town NC Burke County ND Burleigh County NH Somersworth city NC Burlington city ND Captain's Landing township NH Strafford County NC Cabarrus County ND Cass County NH Windham town NC Carrboro town ND Fargo city NJ Aberdeen township NC Cary town ND Grand Forks city NJ Absecon city Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68823 NJ Allendale borough NJ Deal borough NJ Hillsborough township NJ Allenhurst borough NJ Delanco township NJ Hillsdale borough NJ Alpha borough NJ Delran township NJ Hillside township NJ Alpine borough NJ Demarest borough NJ Hi-Nella borough NJ Asbury Park city NJ Denville township NJ Hoboken city NJ Atlantic City city NJ Deptford township NJ Ho-Ho-Kus borough NJ Atlantic County NJ Dover town NJ Holmdel township NJ Atlantic Highlands borough NJ Dover township NJ Hopatcong borough NJ Audubon borough NJ Dumont borough NJ Hopewell township NJ Audubon Park borough NJ Dunellen borough NJ Howell township NJ Avon-by-the-Sea borough NJ East Brunswick township NJ Hunterdon County NJ Barrington borough NJ East Greenwich township NJ Interlaken borough NJ Bay Head borough NJ East Hanover township NJ Irvington township NJ Bayonne city NJ East Newark borough NJ Island Heights borough NJ Beachwood borough NJ East Orange city NJ Jackson township NJ Bedminster township NJ East Rutherford borough NJ Jamesburg borough NJ Belleville township NJ Eastampton township NJ Jefferson township NJ Bellmawr borough NJ Eatontown borough NJ Jersey City city NJ Belmar borough NJ Edgewater borough NJ Keansburg borough NJ Bergenfield borough NJ Edgewater Park township NJ Kearny town NJ Berkeley Heights township NJ Edison township NJ Kenilworth borough NJ Berkeley township NJ Egg Harbor township NJ Keyport borough NJ Berlin borough NJ Elizabeth city NJ Kinnelon borough NJ Berlin township NJ Elk township NJ Lakehurst borough NJ Bernards township NJ Elmwood Park borough NJ Lakewood township NJ Bernardsville borough NJ Emerson borough NJ Laurel Springs borough NJ Beverly city NJ Englewood city NJ Lavallette borough NJ Bloomfield township NJ Englewood Cliffs borough NJ Lawnside borough NJ Bloomingdale borough NJ Englishtown borough NJ Lawrence township NJ Bogota borough NJ Essex Fells township NJ Leonia borough NJ Boonton town NJ Evesham township NJ Lincoln Park borough NJ Boonton township NJ Ewing township NJ Linden city NJ Bordentown city NJ Fair Haven borough NJ Lindenwold borough NJ Bordentown township NJ Fair Lawn borough NJ Linwood city NJ Bound Brook borough NJ Fairfield township NJ Little Falls township NJ Bradley Beach borough NJ Fairview borough NJ Little Ferry borough NJ Branchburg township NJ Fanwood borough NJ Little Silver borough NJ Brick township NJ Fieldsboro borough NJ Livingston township NJ Bridgewater township NJ Florence township NJ Loch Arbour village NJ Brielle borough NJ Florham Park borough NJ Lodi borough NJ Brigantine city NJ Fort Lee borough NJ Long Branch city NJ Brooklawn borough NJ Franklin Lakes borough NJ Longport borough NJ Buena borough NJ Franklin township NJ Lopatcong township NJ Buena Vista township NJ Freehold borough NJ Lumberton township NJ Burlington city NJ Freehold township NJ Lyndhurst township NJ Burlington County NJ Galloway township NJ Madison borough NJ Burlington township NJ Garfield city NJ Magnolia borough NJ Butler borough NJ Garwood borough NJ Mahwah township NJ Byram township NJ Gibbsboro borough NJ Manalapan township NJ Caldwell Borough township NJ Glassboro borough NJ Manasquan borough NJ Camden city NJ Glen Ridge Borough township NJ Manchester township NJ Cape May County NJ Glen Rock borough NJ Mantoloking borough NJ Carlstadt borough NJ Gloucester City city NJ Mantua township NJ Carneys Point township NJ Gloucester County NJ Manville borough NJ Carteret borough NJ Gloucester township NJ Maple Shade township NJ Cedar Grove township NJ Green Brook township NJ Maplewood township NJ Chatham borough NJ Greenwich township NJ Margate City city NJ Chatham township NJ Guttenberg town NJ Marlboro township NJ Cherry Hill township NJ Hackensack city NJ Matawan borough NJ Chesilhurst borough NJ Haddon Heights borough NJ Maywood borough NJ Chester township NJ Haddon township NJ Medford Lakes borough NJ Chesterfield township NJ Haddonfield borough NJ Medford township NJ Cinnaminson township NJ Hainesport township NJ Mendham borough NJ City of Orange township NJ Haledon borough NJ Mendham township NJ Clark township NJ Hamilton township NJ Mercer County NJ Clayton borough NJ Hanover township NJ Merchantville borough NJ Clementon borough NJ Harding township NJ Metuchen borough NJ Cliffside Park borough NJ Harrington Park borough NJ Middlesex borough NJ Clifton city NJ Harrison town NJ Middlesex County NJ Closter borough NJ Hasbrouck Heights borough NJ Middletown township NJ Collingswood borough NJ Haworth borough NJ Midland Park borough NJ Colts Neck township NJ Hawthorne borough NJ Millburn township NJ Commercial township NJ Hazlet township NJ Millstone borough NJ Cranford township NJ Helmetta borough NJ Milltown borough NJ Cresskill borough NJ Highland Park borough NJ Millville city NJ Cumberland County NJ Highlands borough NJ Mine Hill township 68824 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations NJ Monmouth Beach borough NJ Pompton Lakes borough NJ Verona township NJ Monmouth County NJ Prospect Park borough NJ Victory Gardens borough NJ Monroe township NJ Rahway city NJ Vineland city NJ Montclair township NJ Ramsey borough NJ Voorhees township NJ Montvale borough NJ Randolph township NJ Waldwick borough NJ Montville township NJ Raritan borough NJ Wall township NJ Moonachie borough NJ Readington township NJ Wallington borough NJ Moorestown township NJ Red Bank borough NJ Wanaque borough NJ Morris County NJ Ridgefield borough NJ Warren County NJ Morris Plains borough NJ Ridgefield Park village NJ Warren township NJ Morris township NJ Ridgewood village NJ Washington township NJ Morristown town NJ Ringwood borough NJ Watchung borough NJ Mount Arlington borough NJ River Edge borough NJ Waterford township NJ Mount Ephraim borough NJ River Vale township NJ Wayne township NJ Mount Holly township NJ Riverdale borough NJ Weehawken township NJ Mount Laurel township NJ Riverside township NJ Wenonah borough NJ Mount Olive township NJ Riverton borough NJ West Caldwell township NJ Mountain Lakes borough NJ Rochelle Park township NJ West Deptford township NJ Mountainside borough NJ Rockaway borough NJ West Long Branch borough NJ National Park borough NJ Rockaway township NJ West New York town NJ Neptune City borough NJ Rockleigh borough NJ West Orange township NJ Neptune township NJ Roseland borough NJ West Paterson borough NJ Netcong borough NJ Roselle borough NJ Westampton township NJ New Brunswick city NJ Roselle Park borough NJ Westfield town NJ New Milford borough NJ Roxbury township NJ Westville borough NJ New Providence borough NJ Rumson borough NJ Westwood borough NJ Newark city NJ Runnemede borough NJ Wharton borough NJ Newfield borough NJ Rutherford borough NJ Willingboro township NJ North Arlington borough NJ Saddle Brook township NJ Winfield township NJ North Bergen township NJ Saddle River borough NJ Winslow township NJ North Brunswick township NJ Salem County NJ Woodbridge township NJ North Caldwell township NJ Sayreville borough NJ Woodbury city NJ North Haledon borough NJ Scotch Plains township NJ Woodbury Heights borough NJ North Plainfield borough NJ Sea Bright borough NJ Woodcliff Lake borough NJ Northfield city NJ Sea Girt borough NJ Woodlynne borough NJ Northvale borough NJ Seaside Heights borough NJ Wood-Ridge borough NJ Norwood borough NJ Seaside Park borough NJ Wyckoff township NJ Nutley township NJ Secaucus town NM Bernalillo County NJ Oakland borough NJ Shamong township NM Corrales village NJ Oaklyn borough NJ Shrewsbury borough NM Dona Ana County NJ Ocean City city NJ Shrewsbury township NM Las Cruces city NJ Ocean County NJ Somerdale borough NM Los Ranchos de Albuquerque village NJ Ocean Gate borough NJ Somers Point city NM Mesilla town NJ Ocean township NJ Somerset County NM Rio Rancho city NJ Oceanport borough NJ Somerville borough NM Sandoval County NJ Old Bridge township NJ South Amboy city NM Santa Fe city NJ Old Tappan borough NJ South Belmar borough NM Santa Fe County NJ Oradell borough NJ South Bound Brook borough NM Sunland Park city NJ Palisades Park borough NJ South Brunswick township NY Albany city NJ Palmyra borough NJ South Hackensack township NY Albany County NJ Paramus borough NJ South Orange Village township NY Amherst town NJ Park Ridge borough NJ South Plainfield borough NY Amityville village NJ Parsippany-Troy Hills township NJ South River borough NY Ardsley village NJ Passaic city NJ South Toms River borough NY Ashland town NJ Passaic County NJ Spotswood borough NY Atlantic Beach village NJ Passaic township NJ Spring Lake borough NY Babylon town NJ Paterson city NJ Spring Lake Heights borough NY Babylon village NJ Paulsboro borough NJ Springfield township NY Baldwinsville village NJ Pennington borough NJ Stanhope borough NY Ballston town NJ Penns Grove borough NJ Stratford borough NY Barker town NJ Pennsauken township NJ Summit city NY Baxter Estates village NJ Pennsville township NJ Sussex County NY Bayville village NJ Pequannock township NJ Tabernacle township NY Beacon city NJ Perth Amboy city NJ Tavistock borough NY Bedford town NJ Phillipsburg town NJ Teaneck township NY Belle Terre village NJ Pine Beach borough NJ Tenafly borough NY Bellerose village NJ Pine Hill borough NJ Teterboro borough NY Bellport village NJ Pine Valley borough NJ Tinton Falls borough NY Bethlehem town NJ Piscataway township NJ Totowa borough NY Big Flats town NJ Pitman borough NJ Trenton city NY Binghamton city NJ Pittsgrove township NJ Union Beach borough NY Binghamton town NJ Plainfield city NJ Union City city NY Blasdell village NJ Pleasantville city NJ Union township NY Boston town NJ Pohatcong township NJ Upper Saddle River borough NY Briarcliff Manor village NJ Point Pleasant Beach borough NJ Upper township NY Brighton town NJ Point Pleasant borough NJ Ventnor City city NY Brightwaters village Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68825 NY Bronxville village NY Grand View-on-Hudson village NY Menands village NY Brookhaven town NY Great Neck Estates village NY Mill Neck village NY Brookville village NY Great Neck Plaza village NY Mineola village NY Broome County NY Great Neck village NY Minoa village NY Brunswick town NY Greece town NY Monroe County NY Buchanan village NY Green Island village NY Montebello village NY Buffalo city NY Greenburgh town NY Montgomery town NY Camillus town NY Guilderland town NY Moreau town NY Camillus village NY Halfmoon town NY Mount Kisco village NY Carmel town NY Hamburg town NY Mount Pleasant town NY Cayuga Heights village NY Hamburg village NY Mount Vernon city NY Cedarhurst village NY Harrison village NY Munsey Park village NY Charlton town NY Hastings-on-Hudson village NY Muttontown village NY Cheektowaga town NY Haverstraw town NY New Castle town NY Chemung County NY Haverstraw village NY New Hartford town NY Chenango town NY Hempstead town NY New Hartford village NY Chestnut Ridge village NY Hempstead village NY New Hempstead village NY Chili town NY Henrietta town NY New Hyde Park village NY Cicero town NY Herkimer County NY New Rochelle city NY Clarence town NY Hewlett Bay Park village NY New Square village NY Clarkstown town NY Hewlett Harbor village NY New Windsor town NY Clay town NY Hewlett Neck village NY New York Mills village NY Clayville village NY Hillburn village NY Newburgh city NY Clifton Park town NY Horseheads town NY Newburgh town NY Clinton village NY Horseheads village NY Niagara County NY Cohoes city NY Hudson Falls village NY Niagara Falls city NY Colonie town NY Huntington Bay village NY Niagara town NY Colonie village NY Huntington town NY Niskayuna town NY Conklin town NY Hyde Park town NY North Castle town NY Cornwall on Hudson village NY Irondequoit town NY North Greenbush town NY Cornwall town NY Irvington village NY North Hempstead town NY Cortlandt town NY Island Park village NY North Hills village NY Croton-on-Hudson village NY Islandia village NY North Syracuse village NY De Witt town NY Islip town NY North Tarrytown village NY Deerfield town NY Ithaca city NY North Tonawanda city NY Depew village NY Ithaca town NY Northport village NY Dickinson town NY Johnson City village NY Nyack village NY Dobbs Ferry village NY Kenmore village NY Ogden town NY Dryden town NY Kensington village NY Old Brookville village NY Dutchess County NY Kent town NY Old Westbury village NY East Fishkill town NY Kings Point village NY Oneida County NY East Greenbush town NY Kingsbury town NY Onondaga County NY East Hills village NY Kirkland town NY Onondaga town NY East Rochester village NY Kirkwood town NY Orange County NY East Rockaway village NY La Grange town NY Orangetown town NY East Syracuse village NY Lackawanna city NY Orchard Park town NY East Williston village NY LaFayette town NY Orchard Park village NY Eastchester town NY Lake Grove village NY Oriskany village NY Elma town NY Lake Success village NY Ossining town NY Elmira city NY Lancaster town NY Ossining village NY Elmira Heights village NY Lancaster village NY Oswego County NY Elmira town NY Lansing town NY Owego town NY Elmsford village NY Lansing village NY Oyster Bay town NY Endicott village NY Larchmont village NY Paris town NY Erie County NY Lattingtown village NY Patchogue village NY Evans town NY Lawrence village NY Patterson town NY Fairport village NY Lee town NY Peekskill city NY Farmingdale village NY Lewiston town NY Pelham Manor village NY Fayetteville village NY Lewiston village NY Pelham town NY Fenton town NY Lindenhurst village NY Pelham village NY Fishkill town NY Liverpool village NY Pendleton town NY Fishkill village NY Lloyd Harbor village NY Penfield town NY Floral Park village NY Lloyd town NY Perinton town NY Flower Hill village NY Long Beach city NY Philipstown town NY Floyd town NY Lynbrook village NY Phoenix village NY Fort Edward town NY Lysander town NY Piermont village NY Fort Edward village NY Malta town NY Pittsford town NY Frankfort town NY Malverne village NY Pittsford village NY Freeport village NY Mamaroneck town NY Plandome Heights village NY Garden City village NY Mamaroneck village NY Plandome Manor village NY Gates town NY Manlius town NY Plandome village NY Geddes town NY Manlius village NY Pleasant Valley town NY Glen Cove city NY Manorhaven village NY Pleasantville village NY Glens Falls city NY Marcy town NY Poestenkill town NY Glenville town NY Massapequa Park village NY Pomona village NY Grand Island town NY Matinecock village NY Poospatuck Reservation 68826 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations NY Poquott village NY Wappinger town OH Brown township NY Port Chester village NY Wappingers Falls village OH Brownhelm township NY Port Dickinson village NY Warren County OH Brunswick city NY Port Jefferson village NY Washington County OH Brunswick Hills township NY Port Washington North village NY Waterford town OH Butler County NY Poughkeepsie city NY Waterford village OH Butler township NY Poughkeepsie town NY Watervliet city OH Campbell city NY Pound Ridge town NY Webster town OH Canfield city NY Putnam County NY Webster village OH Canfield township NY Putnam Valley town NY Wesley Hills village OH Canton city NY Queensbury town NY West Haverstraw village OH Canton township NY Ramapo town NY West Seneca town OH Carlisle township NY Rensselaer city NY Westbury village OH Carlisle village NY Rensselaer County NY Westchester County OH Centerville city NY Riverhead town NY Western town OH Chagrin Falls township NY Rochester city NY Wheatfield town OH Chagrin Falls village NY Rockville Centre village NY White Plains city OH Champion township NY Rome city NY Whitesboro village OH Chesapeake village NY Roslyn Estates village NY Whitestown town OH Cheviot city NY Roslyn Harbor village NY Williamsville village OH Chippewa township NY Roslyn village NY Williston Park village OH Cincinnati city NY Rotterdam town NY Woodsburgh village OH Clark County NY Russell Gardens village NY Yonkers city OH Clear Creek township NY Rye Brook village NY Yorktown town OH Clermont County NY Rye city NY Yorkville village OH Cleveland city NY Rye town OH Addyston village OH Cleveland Heights city NY Saddle Rock village OH Allen County OH Cleves village NY Salina town OH Allen township OH Clinton township NY Sands Point village OH Amberley village OH Coal Grove village NY Saratoga County OH Amelia village OH Coitsville township NY Scarsdale town OH American township OH Colerain township NY Scarsdale village OH Amherst city OH Columbia township NY Schaghticoke town OH Amherst township OH Concord township NY Schenectady city OH Anderson township OH Copley township NY Schenectady County OH Arlington Heights village OH Coventry township NY Schodack town OH Auglaize County OH Cridersville village NY Schroeppel town OH Aurora city OH Cross Creek township NY Schuyler town OH Austintown township OH Cuyahoga County NY Scotia village OH Avon city OH Cuyahoga Falls city NY Sea Cliff village OH Avon Lake city OH Cuyahoga Heights village NY Shoreham village OH Bainbridge township OH Deer Park city NY Sloan village OH Barberton city OH Deerfield township NY Sloatsburg village OH Batavia township OH Delaware County NY Smithtown town OH Bath township OH Delhi township NY Solvay village OH Bay Village city OH Doylestown village NY Somers town OH Beachwood city OH Dublin city NY South Floral Park village OH Beaver township OH Duchouquet township NY South Glens Falls village OH Beavercreek city OH East Cleveland city NY South Nyack village OH Beavercreek township OH Eastlake city NY Southampton town OH Bedford city OH Eaton township NY Southport town OH Bedford Heights city OH Elmwood Place village NY Spencerport village OH Bellaire city OH Elyria city NY Spring Valley village OH Bellbrook city OH Elyria township NY Stewart Manor village OH Belmont County OH Englewood city NY Stony Point town OH Belpre city OH Erie County NY Suffern village OH Belpre township OH Etna township NY Suffolk County OH Bentleyville village OH Euclid city NY Syracuse city OH Berea city OH Evendale village NY Tarrytown village OH Bethel township OH Fairborn city NY Thomaston village OH Bexley city OH Fairfax village NY Tioga County OH Blendon township OH Fairfield city NY Tompkins County OH Blue Ash city OH Fairfield County NY Tonawanda city OH Boardman township OH Fairfield township NY Tonawanda town OH Brady Lake village OH Fairlawn city NY Troy city OH Bratenahl village OH Fairport Harbor village NY Tuckahoe village OH Brecksville city OH Fairview Park city NY Ulster County OH Brice village OH Fayette township NY Union town OH Bridgeport village OH Forest Park city NY Upper Brookville village OH Brilliant village OH Fort Shawnee village NY Upper Nyack village OH Brimfield township OH Franklin city NY Utica city OH Broadview Heights city OH Franklin County NY Valley Stream village OH Brook Park city OH Franklin township NY Van Buren town OH Brookfield township OH Gahanna city NY Vestal town OH Brooklyn city OH Garfield Heights city NY Veteran town OH Brooklyn Heights village OH Geauga County NY Village of the Branch village OH Brookside village OH Genoa township Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68827 OH German township OH Marble Cliff village OH Pease township OH Girard city OH Mariemont village OH Pepper Pike city OH Glendale village OH Martins Ferry city OH Perry township OH Glenwillow village OH Mason city OH Perrysburg city OH Golf Manor village OH Massillon city OH Perrysburg city OH Goshen township OH Maumee city OH Perrysburg township OH Grand River village OH Mayfield Heights city OH Pierce township OH Grandview Heights city OH Mayfield village OH Plain township OH Green township OH McDonald village OH Pleasant township OH Green village OH Mead township OH Poland township OH Greene County OH Medina County OH Poland village OH Greenhills village OH Mentor city OH Portage County OH Grove City city OH Mentor-on-the-Lake city OH Powell village OH Groveport village OH Meyers Lake village OH Prairie township OH Hamilton city OH Miami County OH Proctorville village OH Hamilton County OH Miami township OH Pultney township OH Hamilton township OH Miamisburg city OH Randolph township OH Hanging Rock village OH Middleburg Heights city OH Ravenna city OH Hanover township OH Middletown city OH Ravenna township OH Harbor View village OH Mifflin township OH Reading city OH Harrison township OH Milford city OH Reminderville village OH Hartville village OH Millbury village OH Reynoldsburg city OH Heath city OH Millville village OH Richfield township OH Highland Heights city OH Minerva Park village OH Richfield village OH Hilliard city OH Mingo Junction city OH Richland County OH Hills and Dales village OH Mogadore village OH Richmond Heights city OH Hinckley township OH Monclova township OH Riveredge township OH Holland village OH Monroe township OH Riverlea village OH Howland township OH Monroe village OH Riverside village OH Hubbard city OH Montgomery city OH Rocky River city OH Hubbard township OH Montgomery County OH Rome township OH Huber Heights city OH Moorefield township OH Ross township OH Hudson township OH Moraine city OH Rossford city OH Hudson village OH Moreland Hills village OH Russell township OH Independence city OH Mount Healthy city OH Russia township OH Ironton city OH Munroe Falls village OH Sagamore Hills township OH Island Creek township OH New Miami village OH Seven Hills city OH Jackson township OH New Middletown village OH Shadyside village OH Jefferson County OH New Rome village OH Shaker Heights city OH Jefferson township OH Newark city OH Sharon township OH Jerome township OH Newark township OH Sharonville city OH Kent city OH Newburgh Heights village OH Shawnee Hills village OH Kettering city OH Newton township OH Shawnee township OH Kirtland city OH Newtown village OH Sheffield Lake city OH Lake County OH Niles city OH Sheffield township OH Lake township OH Nimishillen township OH Sheffield village OH Lakeline village OH North Bend village OH Silver Lake village OH Lakemore village OH North Canton city OH Silverton city OH Lakewood city OH North College Hill city OH Solon city OH Lawrence County OH North Olmsted city OH South Amherst village OH Lawrence township OH North Randall village OH South Euclid city OH Lemon township OH North Ridgeville city OH South Point village OH Lexington village OH North Royalton city OH South Russell village OH Liberty township OH Northfield Center township OH Springboro city OH Licking County OH Northfield village OH Springdale city OH Licking township OH Northwood city OH Springfield city OH Lima city OH Norton city OH Springfield township OH Lima township OH Norwich township OH St.Bernard city OH Lincoln Heights city OH Norwood city OH St.Clair township OH Linndale village OH Oakwood city OH Stark County OH Lockland village OH Oakwood village OH Steubenville city OH Lorain city OH Obetz village OH Steubenville township OH Lorain County OH Ohio township OH Stow city OH Louisville city OH Olmsted Falls city OH Strongsville city OH Loveland city OH Olmsted township OH Struthers city OH Lowellville village OH Ontario village OH Suffield township OH Lucas County OH Orange township OH Sugar Bush Knolls village OH Lyndhurst city OH Orange village OH Sugar Creek township OH Macedonia city OH Oregon city OH Summit County OH Mad River township OH Ottawa County OH Sycamore township OH Madeira city OH Ottawa Hills village OH Sylvania city OH Madison township OH Painesville city OH Sylvania township OH Mahoning County OH Painesville township OH Symmes township OH Maineville village OH Palmyra township OH Tallmadge city OH Mansfield city OH Parma city OH Terrace Park village OH Maple Heights city OH Parma Heights city OH The Village of Indian Hill city 68828 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations OH Timberlake village OK Logan County PA Berks County OH Trenton city OK Midwest City city PA Bern township OH Trotwood city OK Moffett town PA Bethel Park borough OH Troy township OK Moore city PA Bethel township OH Trumbull County OK Mustang city PA Bethlehem city OH Truro township OK Nichols Hills city PA Bethlehem township OH Turtle Creek township OK Nicoma Park city PA Big Beaver borough OH Tuscarawas township OK Norman city PA Birdsboro borough OH Twinsburg city OK Oklahoma County PA Birmingham township OH Twinsburg township OK Osage County PA Blair County OH Union city OK Pottawatomie County PA Blair township OH Union County OK Rogers County PA Blakely borough OH Union township OK Sand Springs city PA Blawnox borough OH University Heights city OK Sequoyah County PA Boyertown borough OH Upper Arlington city OK Smith Village town PA Brackenridge borough OH Upper township OK Spencer city PA Braddock borough OH Urbancrest village OK The Village city PA Braddock Hills borough OH Valley View village OK Tulsa County PA Bradfordwoods borough OH Valleyview village OK Valley Brook town PA Brentwood borough OH Vandalia city OK Wagoner County PA Bridgeport borough OH Vermilion city OK Warr Acres city PA Bridgeville borough OH Vermilion township OK Woodlawn Park town PA Bridgewater borough OH Violet township OK Yukon city PA Brighton township OH Wadsworth city OR Central Point city PA Bristol borough OH Wadsworth township OR Columbia County PA Bristol township OH Waite Hill village OR Durham city PA Brookhaven borough OH Walbridge village OR Jackson County PA Brownstown borough OH Walton Hills village OR Keizer city PA Brownsville borough OH Warren city OR King City city PA Brownsville township OH Warren County OR Lane County PA Bryn Athyn borough OH Warren township OR Marion County PA Buckingham township OH Warrensville Heights city OR Maywood Park city PA Bucks County OH Warrensville township OR Medford city PA California borough OH Washington County OR Phoenix city PA Caln township OH Washington township OR Polk County PA Cambria County OH Wayne County OR Rainier city PA Camp Hill borough OH Wayne township OR Springfield city PA Canonsburg borough OH Weathersfield township OR Troutdale city PA Canton township OH Wells township OR Tualatin city PA Carbondale city OH West Carrollton City city OR Wood Village city PA Carbondale township OH West Milton village PA Abington township PA Carnegie borough OH Westerville city PA Adamsburg borough PA Carroll township OH Westlake city PA Alburtis borough PA Castle Shannon borough OH Whitehall city PA Aldan borough PA Catasauqua borough OH Whitewater township PA Aleppo township PA Cecil township OH Wickliffe city PA Aliquippa city PA Center township OH Willoughby city PA Allegheny County PA Centre County OH Willoughby Hills city PA Allegheny township PA Chalfant borough OH Willowick city PA Allen township PA Chalfont borough OH Wintersville village PA Allenport borough PA Charleroi borough OH Wood County PA Alsace township PA Charlestown township OH Woodlawn village PA Altoona city PA Chartiers township OH Woodmere village PA Ambler borough PA Cheltenham township OH Worthington city PA Ambridge borough PA Chester city OH Wyoming city PA Amwell township PA Chester County OH Youngstown city PA Antis township PA Chester Heights borough OK Arkoma town PA Antrim township PA Chester township OK Bethany city PA Archbald borough PA Cheswick borough OK Bixby city PA Arnold city PA Chippewa township OK Broken Arrow city PA Ashley borough PA Churchill borough OK Canadian County PA Aspinwall borough PA Clairton city OK Catoosa city PA Aston township PA Clarks Green borough OK Choctaw city PA Avalon borough PA Clarks Summit borough OK Cleveland County PA Avoca borough PA Clifton Heights borough OK Comanche County PA Baden borough PA Coal Center borough OK Creek County PA Baldwin borough PA Coatesville city OK Del City city PA Baldwin township PA Colebrookdale township OK Edmond city PA Beaver borough PA College township OK Forest Park town PA Beaver County PA Collegeville borough OK Hall Park town PA Beaver Falls city PA Collier township OK Harrah town PA Bell Acres borough PA Collingdale borough OK Jenks city PA Belle Vernon borough PA Columbia borough OK Jones town PA Bellevue borough PA Colwyn borough OK Lake Aluma town PA Ben Avon borough PA Concord township OK Lawton city PA Ben Avon Heights borough PA Conemaugh township OK Le Flore County PA Bensalem township PA Conestoga township Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68829 PA Conewago township PA Emmaus borough PA Hummelstown borough PA Conshohocken borough PA Emsworth borough PA Hunker borough PA Conway borough PA Erie city PA Indiana township PA Coplay borough PA Erie County PA Ingram borough PA Coraopolis borough PA Etna borough PA Irwin borough PA Courtdale borough PA Exeter borough PA Ivyland borough PA Crafton borough PA Exeter township PA Jackson township PA Crescent township PA Export borough PA Jacobus borough PA Cumberland County PA Fairfield township PA Jeannette city PA Cumru township PA Fairview township PA Jefferson borough PA Daisytown borough PA Fallowfield township PA Jenkins township PA Dale borough PA Falls township PA Jenkintown borough PA Dallas borough PA Fallston borough PA Jermyn borough PA Dallas township PA Farrell city PA Jessup borough PA Dallastown borough PA Fayette City borough PA Johnstown city PA Darby borough PA Fayette County PA Juniata township PA Darby township PA Fell township PA Kenhorst borough PA Daugherty township PA Ferguson township PA Kennedy township PA Dauphin County PA Ferndale borough PA Kilbuck township PA Delaware County PA Findlay township PA Kingston borough PA Delmont borough PA Finleyville borough PA Kingston township PA Derry township PA Folcroft borough PA Koppel borough PA Dickson City borough PA Forest Hills borough PA Lackawanna County PA Donora borough PA Forks township PA Laflin borough PA Dormont borough PA Forty Fort borough PA Lancaster city PA Douglass township PA Forward township PA Lancaster County PA Dover borough PA Fountain Hill borough PA Lancaster township PA Dover township PA Fox Chapel borough PA Langhorne borough PA Downingtown borough PA Franconia township PA Langhorne Manor borough PA Doylestown borough PA Franklin borough PA Lansdale borough PA Doylestown township PA Franklin County PA Lansdowne borough PA Dravosburg borough PA Franklin Park borough PA Larksville borough PA Duboistown borough PA Franklin township PA Laurel Run borough PA Duncansville borough PA Frankstown township PA Laureldale borough PA Dunlevy borough PA Frazer township PA Lawrence County PA Dunmore borough PA Freedom borough PA Lawrence Park township PA Dupont borough PA Freemansburg borough PA Lebanon County PA Duquesne city PA Geistown borough PA Leesport borough PA Duryea borough PA Glassport borough PA Leet township PA East Allen township PA Glendon borough PA Leetsdale borough PA East Bradford township PA Glenfield borough PA Lehigh County PA East Brandywine township PA Glenolden borough PA Lehman township PA East Caln township PA Green Tree borough PA Lemoyne borough PA East Conemaugh borough PA Greensburg city PA Liberty borough PA East Coventry township PA Hallam borough PA Limerick township PA East Deer township PA Hampden township PA Lincoln borough PA East Fallowfield township PA Hampton township PA Lititz borough PA East Goshen township PA Hanover township PA Logan township PA East Hempfield township PA Harborcreek township PA Loganville borough PA East Lampeter township PA Harmar township PA London Britain township PA East Lansdowne borough PA Harmony township PA Londonderry township PA East McKeesport borough PA Harris township PA Lorain borough PA East Norriton township PA Harrisburg city PA Lower Allen township PA East Pennsboro township PA Harrison township PA Lower Alsace township PA East Petersburg borough PA Harveys Lake borough PA Lower Burrell city PA East Pikeland township PA Hatboro borough PA Lower Chichester township PA East Pittsburgh borough PA Hatfield borough PA Lower Frederick township PA East Rochester borough PA Hatfield township PA Lower Gwynedd township PA East Taylor township PA Haverford township PA Lower Heidelberg township PA East Vincent township PA Haysville borough PA Lower Macungie township PA East Washington borough PA Heidelberg borough PA Lower Makefield township PA East Whiteland township PA Hellam township PA Lower Merion township PA Easton city PA Hellertown borough PA Lower Moreland township PA Easttown township PA Hempfield township PA Lower Nazareth township PA Eastvale borough PA Hepburn township PA Lower Paxton township PA Economy borough PA Hermitage city PA Lower Pottsgrove township PA Eddystone borough PA Highspire borough PA Lower Providence township PA Edgewood borough PA Hilltown township PA Lower Salford township PA Edgeworth borough PA Hollidaysburg borough PA Lower Saucon township PA Edgmont township PA Homestead borough PA Lower Southampton township PA Edwardsville borough PA Homewood borough PA Lower Swatara township PA Elco borough PA Hopewell township PA Lower Yoder township PA Elizabeth borough PA Horsham township PA Loyalsock township PA Elizabeth township PA Houston borough PA Luzerne borough PA Ellport borough PA Hughestown borough PA Luzerne County PA Ellwood City borough PA Hulmeville borough PA Luzerne township 68830 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations PA Lycoming County PA North Franklin township PA Rostraver township PA Lycoming township PA North Huntingdon township PA Royalton borough PA Macungie borough PA North Irwin borough PA Royersford borough PA Madison borough PA North Londonderry township PA Rutledge borough PA Maidencreek township PA North Sewickley township PA Salem township PA Malvern borough PA North Strabane township PA Salisbury township PA Manchester township PA North Versailles township PA Scalp Level borough PA Manheim township PA North Wales borough PA Schuylkill township PA Manor borough PA North Whitehall township PA Schwenksville borough PA Manor township PA North York borough PA Scott township PA Marcus Hook borough PA Northampton borough PA Scranton city PA Marple township PA Northampton County PA Sewickley borough PA Marshall township PA Northampton township PA Sewickley Heights borough PA Marysville borough PA Norwood borough PA Sewickley Hills borough PA Mayfield borough PA Oakmont borough PA Sewickley township PA McCandless township PA O'Hara township PA Shaler township PA McKean township PA Ohio township PA Sharon city PA McKees Rocks borough PA Old Forge borough PA Sharon Hill borough PA McKeesport city PA Old Lycoming township PA Sharpsburg borough PA Mechanicsburg borough PA Olyphant borough PA Sharpsville borough PA Media borough PA Ontelaunee township PA Shenango township PA Mercer County PA Osborne borough PA Shillington borough PA Middle Taylor township PA Paint borough PA Shiremanstown borough PA Middletown borough PA Paint township PA Silver Spring township PA Middletown township PA Palmer township PA Sinking Spring borough PA Millbourne borough PA Palmyra borough PA Skippack township PA Millcreek township PA Parkside borough PA Somerset County PA Millersville borough PA Patterson Heights borough PA Souderton borough PA Millvale borough PA Patterson township PA South Abington township PA Modena borough PA Patton township PA South Coatesville borough PA Mohnton borough PA Paxtang borough PA South Fayette township PA Monaca borough PA Penbrook borough PA South Greensburg borough PA Monessen city PA Penn borough PA South Hanover township PA Monongahela city PA Penn Hills township PA South Heidelberg township PA Monroe township PA Penn township PA South Heights borough PA Montgomery County PA Penndel borough PA South Huntingdon township PA Montgomery township PA Pennsbury Village borough PA South Park township PA Montoursville borough PA Pequea township PA South Pymatuning township PA Moon township PA Perkiomen township PA South Strabane township PA Moosic borough PA Perry County PA South Whitehall township PA Morrisville borough PA Perry township PA South Williamsport borough PA Morton borough PA Peters township PA Southmont borough PA Mount Lebanon township PA Phoenixville borough PA Southwest Greensburg borough PA Mount Oliver borough PA Pine township PA Speers borough PA Mount Penn borough PA Pitcairn borough PA Spring City borough PA Mountville borough PA Pittsburgh city PA Spring Garden township PA Muhlenberg township PA Pittston city PA Spring township PA Munhall borough PA Pittston township PA Springdale borough PA Municipality of Monroeville borough PA Plains township PA Springdale township PA Municipality of Murrysville borough PA Pleasant Hills borough PA Springettsbury township PA Nanticoke city PA Plum borough PA Springfield township PA Narberth borough PA Plymouth borough PA St.Lawrence borough PA Nether Providence township PA Plymouth township PA State College borough PA Neville township PA Port Vue borough PA Steelton borough PA New Brighton borough PA Potter township PA Stockdale borough PA New Britain borough PA Pottstown borough PA Stonycreek township PA New Britain township PA Pringle borough PA Stowe township PA New Cumberland borough PA Prospect Park borough PA Sugar Notch borough PA New Eagle borough PA Pulaski township PA Summit township PA New Galilee borough PA Radnor township PA Susquehanna township PA New Garden township PA Rankin borough PA Sutersville borough PA New Hanover township PA Ransom township PA Swarthmore borough PA New Kensington city PA Reading city PA Swatara township PA New Sewickley township PA Red Lion borough PA Swissvale borough PA New Stanton borough PA Reserve township PA Swoyersville borough PA Newell borough PA Richland township PA Tarentum borough PA Newport township PA Ridley Park borough PA Taylor borough PA Newton township PA Ridley township PA Telford borough PA Newtown borough PA Robinson township PA Temple borough PA Newtown township PA Rochester borough PA Thornburg borough PA Norristown borough PA Rochester township PA Thornbury township PA North Belle Vernon borough PA Rockledge borough PA Throop borough PA North Braddock borough PA Roscoe borough PA Tinicum township PA North Catasauqua borough PA Rose Valley borough PA Towamencin township PA North Charleroi borough PA Ross township PA Trafford borough PA North Coventry township PA Rosslyn Farms borough PA Trainer borough Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68831 PA Trappe borough PA Whitehall township RI East Providence city PA Tredyffrin township PA Whitemarsh township RI Glocester town PA Tullytown borough PA Whitpain township RI Jamestown town PA Turtle Creek borough PA Wilkes-Barre city RI Johnston town PA Union township PA Wilkes-Barre township RI Lincoln town PA Upland borough PA Wilkins township RI Middletown town PA Upper Allen township PA Wilkinsburg borough RI Newport city PA Upper Chichester township PA Williams township RI Newport County PA Upper Darby township PA Williamsport city RI North Kingstown town PA Upper Dublin township PA Willistown township RI North Providence town PA Upper Gwynedd township PA Wilmerding borough RI North Smithfield town PA Upper Leacock township PA Wilson borough RI Pawtucket city PA Upper Macungie township PA Windber borough RI Portsmouth town PA Upper Makefield township PA Windsor borough RI Providence city PA Upper Merion township PA Windsor township RI Providence County PA Upper Milford township PA Worcester township RI Scituate town PA Upper Moreland township PA Wormleysburg borough RI Smithfield town PA Upper Pottsgrove township PA Wrightsville borough RI Tiverton town PA Upper Providence township PA Wyoming borough RI Warren town PA Upper Saucon township PA Wyomissing borough RI Warwick city PA Upper Southampton township PA Wyomissing Hills borough RI Washington County PA Upper St.Clair township PA Yardley borough RI West Greenwich town PA Upper Yoder township PA Yatesville borough RI West Warwick town PA Uwchlan township PA Yeadon borough RI Woonsocket city PA Valley township PA Yoe borough SC Aiken city PA Vanport township PA York city SC Aiken County PA Verona borough PA York County SC Anderson city PA Versailles borough PA York township SC Anderson County PA Wall borough PA Youngwood borough SC Arcadia Lakes town PA Warminster township PR Aibonita SC Berkeley County PA Warrington township PR Anasco SC Burnettown town PA Warrior Run borough PR Aquada SC Cayce city PA Warwick township PR Aquadilla SC Charleston city PA Washington city PR Aquas Buenas SC Charleston County PA Washington County PR Arecibo SC City View town PA Washington township PR Bayamon SC Columbia city PA Wayne township PR Cabo Rojo SC Cowpens town PA Wernersville borough PR Caguas SC Darlington County PA Wesleyville borough PR Camuy SC Dorchester County PA West Bradford township PR Canovanas SC Edgefield County PA West Brownsville borough PR Catano SC Florence city PA West Chester borough PR Cayey SC Florence County PA West Conshohocken borough PR Cidra SC Folly Beach city PA West Deer township PR Dorado SC Forest Acres city PA West Earl township PR Guaynabo SC Fort Mill town PA West Easton borough PR Gurabo SC Georgetown County PA West Elizabeth borough PR Hatillo SC Goose Creek city PA West Fairview borough PR Hormigueros SC Hanahan city PA West Goshen township PR Humacao SC Horry County PA West Hanover township PR Juncos SC Irmo town PA West Hempfield township PR Las Piedras SC Isle of Palms city PA West Homestead borough PR Loiza SC Lexington County PA West Lampeter township PR Manati SC Lincolnville town PA West Lawn borough PR Mayaguez SC Mount Pleasant town PA West Manchester township PR Moca SC Myrtle Beach city PA West Mayfield borough PR Naguabo SC North Augusta city PA West Middlesex borough PR Naranjito SC North Charleston city PA West Mifflin borough PR Penuelas SC Pickens County PA West Newton borough PR Ponce SC Pineridge town PA West Norriton township PR Rio Grande SC Quinby town PA West Pikeland township PR San German SC Rock Hill city PA West Pittston borough PR San Lorenzo SC South Congaree town PA West Pottsgrove township PR Toa Alta SC Spartanburg city PA West Reading borough PR Toa Baja SC Spartanburg County PA West Taylor township PR Trujillo Alto SC Springdale town PA West View borough PR Vega Alta SC Sullivan's Island town PA West Whiteland township PR Vega Baja SC Summerville town PA West Wyoming borough PR Yabucao SC Sumter city PA West York borough RI Barrington town SC Sumter Countv PA Westmont borough RI Bristol town SC Surfside Beach town PA Westmoreland County RI Burrillville town SC West Columbia city PA Westtown township RI Central Falls city SC York County PA Wheatland borough RI Coventry town SD Big Sioux township PA Whitaker borough RI Cranston city SD Central Pennington unorg. PA White Oak borough RI Cumberland town SD Lincoln County PA White township RI East Greenwich town SD Mapleton township 68832 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations SD Minnehaha County TX Brazos County TX Hunters Creek Village city SD North Sioux City city TX Brookside Village city TX Hurst city SD Pennington County TX Brownsville city TX Hutchins city SD Rapid City city TX Bryan city TX Impact town SD Split Rock township TX Buckingham town TX Jacinto City city SD Union County TX Bunker Hill Village city TX Jefferson County SD Wayne township TX Cameron County TX Jersey Village city TN Alcoa city TX Carrollton city TX Johnson County TN Anderson County TX Castle Hills city TX Jones County TN Bartlett town TX Cedar Hill city TX Katy city TN Belle Meade city TX Cedar Park city TX Kaufman County TN Berry Hill city TX Chambers County TX Keller city TN Blount County TX Cibolo city TX Kemah city TN Brentwood city TX Clear Lake Shores city TX Kennedale city TN Bristol city TX Clint town TX Killeen city TN Carter County TX Cockrell Hill city TX Kirby city TN Church Hill town TX College Station city TX Kleberg County TN Clarksville city TX Colleyville city TX La Marque city TN Collegedale city TX Collin County TX La Porte city TN Davidson County TX Comal County TX Lacy-Lakeview city TN East Ridge city TX Combes town TX Lake Dallas city TN Elizabethton city TX Converse city TX Lake Worth city TN Farragut town TX Copperas Cove city TX Lakeside City town TN Forest Hills city TX Corinth town TX Lakeside town TN Germantown city TX Coryell County TX Lampasas County TN Goodlettsville city TX Crowley city TX Lancaster city TN Hamilton County TX Dallas County TX League City city TN Hawkins County TX Dalworthington Gardens city TX Leander city TN Hendersonville city TX Deer Park city TX Leon Valley city TN Jackson city TX Denison city TX Lewisville city TN Johnson City city TX Denton city TX Live Oak city TN Jonesborough town TX Denton County TX Longview city TN Kingsport city TX DeSoto city TX Lubbock County TN Knox County TX Dickinson city TX Lumberton city TN Lakesite city TX Donna city TX Martin County TN Lakewood city TX Double Oak town TX McAllen city TN Lookout Mountain town TX Duncanville city TX McLennan County TN Loudon County TX Ector County TX Meadows city TN Madison County TX Edgecliff village TX Midland city TN Maryville city TX Edinburg city TX Midland County TN Montgomery County TX El Lago city TX Mission city TN Mount Carmel town TX El Paso County TX Missouri City city TN Mount Juliet city TX Ellis County TX Montgomery County TN Oak Hill city TX Euless city TX Morgan's Point city TN Red Bank city TX Everman city TX Nash city TN Ridgeside city TX Farmers Branch city TX Nassau Bay city TN Rockford city TX Flower Mound town TX Nederland city TN Shelby County TX Forest Hill city TX Nolanville city TN Signal Mountain town TX Fort Bend County TX North Richland Hills city TN Soddy-Daisy city TX Friendswood city TX Northcrest town TN Sullivan County TX Galena Park city TX Nueces County TN Sumner County TX Galveston city TX Odessa city TN Washington County TX Galveston County TX Olmos Park city TN Williamson County TX Grand Prairie city TX Palm Valley town TN Wilson County TX Grapevine city TX Palmview city TX Addison city TX Grayson County TX Pantego town TX Alamo city TX Gregg County TX Parker County TX Alamo Heights city TX Groves city TX Pearland city TX Allen city TX Guadalupe County TX Pflugerville city TX Archer County TX Haltom City city TX Pharr city TX Azle city TX Hardin County TX Piney Point Village city TX Balch Springs city TX Harker Heights city TX Port Arthur city TX Balcones Heights city TX Harlingen city TX Port Neches city TX Bayou Vista village TX Harrison County TX Portland city TX Baytown city TX Hedwig Village city TX Potter County TX Bedford city TX Hewitt city TX Primera town TX Bell County TX Hickory Creek town TX Randall County TX Bellaire city TX Hidalgo County TX Richardson city TX Bellmead city TX Highland Park town TX Richland Hills city TX Belton city TX Highland Village city TX River Oaks city TX Benbrook city TX Hill Country Village city TX Robinson city TX Beverly Hills city TX Hilshire Village city TX Rockwall city TX Bexar County TX Hitchcock city TX Rockwall County TX Blue Mound city TX Hollywood Park town TX Rollingwood city TX Bowie County TX Howe town TX Rose Hill Acres city TX Brazoria County TX Humble city TX Rowlett city Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68833 TX Sachse city UT Logan city VA Weber City town TX Saginaw city UT Mapleton city VA Williamsburg city TX San Angelo city UT Midvale city VA York County TX San Benito city UT Millville city VT Burlington city TX San Juan city UT Murray city VT Chittenden County TX San Patricio County UT North Logan city VT Colchester town TX Sansom Park city UT North Ogden city VT Essex Junction village TX Santa Fe city UT North Salt Lake city VT Essex town TX Schertz city UT Ogden city VT Shelburne town TX Seabrook city UT Orem city VT South Burlington city TX Seagoville city UT Pleasant Grove city VT Williston town TX Selma city UT Pleasant View city VT Winooski city TX Shavano Park city UT Providence city WA Algona city TX Sherman city UT Provo city WA Auburn city TX Shoreacres city UT River Heights city WA Beaux Arts Village town TX Smith County UT Riverdale city WA Bellevue city TX Socorro town UT Riverton city WA Bellingham city TX South Houston city UT Roy city WA Benton County TX Southside Place city UT Sandy city WA Bonney Lake city TX Spring Valley city UT Smithfield city WA Bothell city TX Stafford town UT South Jordan city WA Bremerton city TX Sugar Land city UT South Ogden city WA Brier city TX Sunset Valley city UT South Salt Lake city WA Clyde Hill town TX Tarrant County UT South Weber city WA Cowlitz County TX Taylor County UT Springville city WA Des Moines city TX Taylor Lake Village city UT Sunset city WA DuPont city TX Temple city UT Syracuse city WA Edmonds city TX Terrell Hills city UT Uintah town WA Everett city TX Texarkana city UT Utah County WA Fife city TX Texas City city UT Washington Terrace city WA Fircrest town TX Tom Green County UT Weber County WA Franklin County TX Travis County UT West Bountiful city WA Gig Harbor city TX Tye town UT West Jordan city WA Hunts Point town TX Tyler city UT West Point city WA Issaquah city TX Universal City city UT West Valley City city WA Kelso city TX University Park city UT Woods Cross city WA Kennewick city TX Victoria city VA Albemarle County WA Kent city TX Victoria County VA Alexandria city WA Kirkland city TX Wake Village city VA Amherst County WA Kitsap County TX Waller County VA Bedford County WA Lacey city TX Watauga city VA Botetourt County WA Lake Forest Park city TX Webb County VA Bristol city WA Longview city TX Webster city VA Campbell County WA Lynnwood city TX Weslaco city VA Charlottesville city WA Marysville city TX West Lake Hills city VA Colonial Heights city WA Medina city TX West University Place city VA Danville city WA Mercer Island city TX Westover Hills town VA Dinwiddie County WA Mill Creek city TX Westworth village VA Fairfax city WA Millwood town TX White Oak city VA Falls Church city WA Milton city TX White Settlement city VA Fredericksburg city WA Mountlake Terrace city TX Wichita County VA Gate City town WA Mukilteo city TX Wichita Falls city VA Gloucester County WA Normandy Park city TX Williamson County VA Hanover County WA Olympia city TX Wilmer city VA Herndon town WA Pacific city TX Windcrest city VA Hopewell city WA Pasco city TX Woodway city VA James City County WA Port Orchard city UT American Fork city VA Loudoun County WA Puyallup city UT Bluffdale city VA Lynchburg city WA Redmond city UT Bountiful city VA Manassas city WA Renton city UT Cache County VA Manassas Park city WA Richland city UT Cedar Hills town VA Occoquan town WA Ruston town UT Centerville city VA Petersburg city WA Selah city UT Clearfield city VA Pittsylvania County WA Steilacoom town UT Clinton city VA Poquoson city WA Sumner city UT Davis County VA Prince George County WA Thurston County UT Draper city VA Richmond city WA Tukwila city UT Farmington city VA Roanoke city WA Tumwater city UT Farr West city VA Roanoke County WA Union Gap city UT Fruit Heights city VA Salem city WA Vancouver city UT Harrisville city VA Scott County WA West Richland city UT Highland city VA Spotsylvania County WA Whatcom County UT Hyde Park city VA Stafford County WA Woodway city UT Kaysville city VA Suffolk city WA Yakima city UT Layton city VA Vienna town WA Yakima County UT Lehi city VA Vinton town WA Yarrow Point town UT Lindon city VA Washington County WI Algoma town 68834 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations WI Allouez village WI La Crosse County WI Vernon town WI Altoona city WI La Prairie town WI Washington County WI Appleton city WI Lafayette town WI Washington town WI Ashwaubenon village WI Lannon village WI Waukesha city WI Bayside village WI Lima town WI Waukesha Countv WI Bellevue town WI Lisbon town WI Waukesha town WI Beloit city WI Little Chute village WI Wausau city WI Beloit town WI Madison town WI Wauwatosa city WI Big Bend village WI Maple Bluff village WI West Allis city WI Black Wolf town WI Marathon County WI West Milwaukee village WI Blooming Grove town WI McFarland village WI Weston town WI Brookfield city WI Medary town WI Westport town WI Brookfield town WI Menasha city WI Wheaton town Wl Brown County WI Menasha town WI Whitefish Bay village WI Brown Deer village WI Menomonee Falls village Wl Wilson town WI Brunswick town WI Mequon city Wl Wind Point village WI Buchanan town WI Middleton city WI Winnebago County WI Burke town WI Middleton town WI Butler village WI Monona city WV Bancroft town WI Caledonia town WI Mount Pleasant town WV Barboursville village WI Calumet County WI Muskego city WV Belle town WI Campbell town WI Neenah city WV Benwood city WI Cedarburg city WI Neenah town WV Berkeley County WI Cedarburg town WI Nekimi town WV Bethlehem village WI Chippewa County WI New Berlin city WV Brooke County WI Chippewa Falls city WI North Bay village WV Cabell County WI Clayton town WI Norway town WV Cedar Grove town WI Combined Locks village WI Oak Creek city WV Ceredo city WI Cudahy city WI Onalaska city WV Charleston city WI Dane County WI Onalaska town WV Chesapeake town WI De Pere city WI Oshkosh city WV Clearview village WI De Pere town WI Oshkosh town WV Dunbar city WI Delafield town WI Outagamie County WV East Bank town WI Douglas County WI Ozaukee County WV Follansbee city WI Dunn town WI Pewaukee town WV Glasgow town WI Eagle Point town WI Pewaukee village WV Glen Dale city WI Eau Claire city WI Pleasant Prairie town WV Hancock County WI Eau Claire County WI Pleasant Prairie village WV Huntington city WI Elm Grove village WI Racine city WV Hurricane city WI Elmwood Park village WI Racine County WV Kanawha County WI Fitchburg city WI Rib Mountain town WV Kenova city WI Fox Point village WI River Hills village WV Marmet city WI Franklin city WI Rock County WV Marshall County WI Germantown town Wl Rock town WV McMechen city WI Germantown village WI Rothschild village WV Mineral County WI Glendale city WI Salem town WV Moundsville city WI Grafton town WI Schofield city WI Grafton village WI Scott town WV Nitro city WI Grand Chute town WI Sheboygan city WV North Hills town WI Green Bay city WI Sheboygan County WV Ohio County WI Greendale village WI Sheboygan Falls city WV Parkersburg city WI Greenfield city WI Sheboygan Falls town WV Poca town WI Greenville town WI Sheboygan town WV Putnam County WI Hales Corners village WI Shelby town WV Ridgeley town WI Hallie town WI Shorewood Hills village WV South Charleston city WI Harmony town WI Shorewood village WV St.Albans city WI Harrison town WI Somers town WV Triadelphia town WI Hobart town WI South Milwaukee city WV Vienna city WI Holmen village Wl St.Francis city WV Wayne County WI Howard village WI Stettin town WV Weirton city WI Janesville city WI Sturtevant village WV Wheeling city WI Janesville town WI Superior city WV Wood County WI Kaukauna city WI Superior village WY Casper city WI Kenosha city WI Sussex village WY Cheyenne city WI Kenosha County WI Thiensville village WY Evansville town WI Kimberly village WI Turtle town WY Laramie County WI Kohler village WI Union town WY Mills town WI La Crosse city WI Vandenbroek town WY Natrona County Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68835 Appendix 7 of Preamble— CA Ridgecrest city IL Jacksonville city Governmental Entities(Located Outside CA Sanger city IL Macomb city of an Urbanized Area)That Must Be CA Santa Paula city IL Mattoon city Examined By the NPDES Permitting CA Selma city IL Mount Vernon city Authority for Potential Designation CA South Lake Tahoe city IL Ottawa city Under i y for Potential CA Temecula city IL Pontiac city CA Tracy city IL Quincy city (All listed entities have a population of at CA Tulare city IL Rantoul village least 10,000 and a population density of at CA Turlock city IL Sterling city least 1,000.A listed entity would only be CA Ukiah city IL Streator city potentially designated if it operates a small CA Wasco city IL Taylorville city MS4.See§122.26(b)(16)for the definition of CA Woodland city IL Woodstock city a small MS4.) CO Canon City city IN Bedford city (This list does not include all operators of CO Durango city IN Columbus city small MS4s that may be designated by the CO Lafayette city IN Crawfordsville city NPDES permitting authority.Operators of CO Louisville city IN Frankfort city small MS4s in areas with populations below CO Loveland city IN Franklin city 10,000 and densities below 1,000 may also be CO Sterling city IN Greenfield city designated but examination of them is not FL Bartow city IN Huntington city required.Also,entities such as military FL Belle Glade city IN Jasper city bases,large hospitals,prison complexes, FL De Land city IN La Porte city universities,sewer districts,and highway FL Eustis city IN Lebanon city departments that operate a small MS4 in an FL Haines City city IN Logansport city area listed here,or in an area otherwise FL Key West city IN Madison city designated by the NPDES permitting FL Leesburg city IN Marion city authority,may be designated and become FL Palatka city IN Martinsville city subject to permitting regulations.)(Source: FL Plant City city IN Michigan City city 1990 Census of Population and Housing,U.S. FL St.Augustine city IN New Castle city Bureau of the Census.This list is subject to FL St.Cloud city IN Noblesville city change with the Decennial Census) GA Americus city IN Peru city AL Daphne city GA Carrollton city IN Plainfield town AL Jacksonville city GA Cordele city IN Richmond city AL Selma city GA Dalton city IN Seymour city AR Arkadelphia city GA Dublin city IN Shelbyville city AR Benton city GA Griffin city IN Valparaiso city AR Blytheville city GA Hinesville city IN Vincennes city AR Conway city GA Moultrie city IN Wabash city AR El Dorado city GA Newnan city IN Warsaw city AR Hot Springs city GA Statesboro city IN Washington city AR Magnolia city GA Thomasville city KS Arkansas City city AR Rogers city GA Tifton city KS Atchison city AR Searcy city GA Valdosta city KS Coffeyville city AR Stuttgart city GA Waycross city KS Derby city AZ Douglas city IA Ames city KS Dodge City city CA Arcata city IA Ankeny city KS El Dorado city CA Arroyo Grande city IA Boone city KS Emporia city CA Atwater city IA Burlington city KS Garden City city CA Auburn city IA Fort Dodge city KS Great Bend city CA Banning city IA Fort Madison city KS Hays city CA Brawley city IA Indianola city KS Hutchinson city CA Calexico city IA Keokuk city KS Junction City city CA Clearlake city IA Marshalltown city KS Leavenworth city CA Corcoran city IA Mason City city KS Liberal city CA Delano city IA Muscatine city KS Manhattan city CA Desert Hot Springs city IA Newton city KS McPherson city CA Dinuba city IA Oskaloosa city KS Newton city CA Dixon city IA Ottumwa city KS Ottawa city CA El Centro city IA Spencer city KS Parsons city CA El Paso de Robles(Paso Robles)city ID Caldwell city KS Pittsburg city CA Eureka city ID Coeur d'Alene city KS Salina city CA Fillmore city ID Lewiston city KS Winfield city CA Gilroy city ID Moscow city KY Bowling Green city CA Grover City city ID Nampa city KY Danville city CA Hanford city ID Rexburg city KY Frankfort city CA Hollister city ID Twin Falls city KY Georgetown city CA Lemoore city IL Belvidere city KY Glasgow city CA Los Banos city IL Canton city KY Hopkinsville city CA Madera city IL Carbondale city KY Madisonville city CA Manteca city IL Centralia city KY Middlesborough city CA Oakdale city IL Charleston city KY Murray city CA Oroville city IL Danville city KY Nicholasville city CA Paradise town IL De Kalb city KY Paducah city CA Petaluma city IL Dixon city KY Radcliff city CA Porterville city IL Effingham city KY Richmond city CA Red Bluff city IL Freeport city KY Somerset city CA Reedley city IL Galesburg city KY Winchester city 68836 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations LA Abbeville city MS Indianola city NY Kingston city LA Bastrop city MS Laurel city NY Lockport city LA Bogalusa city MS McComb city NY Massena village LA Crowley city MS Meridian city NY Middletown city LA Eunice city MS Natchez city NY Ogdensburg city LA Hammond city MS Starkville city NY Olean city LA Jennings city MS Vicksburg city NY Oneonta city LA Minden city MS Yazoo City city NY Oswego city LA Morgan City city MT Bozeman city NY Plattsburgh city LA Natchitoches city MT Havre city NY Potsdam village LA New Iberia city MT Helena city NY Watertown city LA Opelousas city MT Kalispell city OH Alliance city LA Ruston city NC Albemarle city OH Ashland city LA Thibodaux city NC Asheboro city OH Ashtabula city MA Amherst town NC Boone town OH Athens city MA Clinton town NC Eden city OH Bellefontaine city MA Milford town NC Elizabeth City city OH Bowling Green city MA Newburyport city NC Havelock city OH Bucyrus city MD Aberdeen town NC Henderson city OH Cambridge city MD Cambridge city NC Kernersville town OH Chillicothe city MD Salisbury city NC Kinston city OH Circleville city MD Westminster city NC Laurinburg city OH Coshocton city ME Waterville city NC Lenoir city OH Defiance city MI Adrian city NC Lexington city OH Delaware city MI Albion city NC Lumberton city OH Dover city MI Alpena city NC Monroe city OH East Liverpool city MI Big Rapids city NC New Bern city OH Findlay city MI Cadillac city NC Reidsville city OH Fostoria city MI Escanaba city NC Roanoke Rapids city OH Fremont city MI Grand Haven city NC Salisbury city OH Galion city MI Marquette city NC Sanford city OH Greenville city MI Midland city NC Shelby city OH Lancaster city MI Monroe city NC Statesville city OH Lebanon city MI Mount Pleasant city NC Tarboro town OH Marietta city MI Owosso city NC Wilson city OH Marion city MI Sturgis city ND Dickinson city OH Medina city MI Traverse City city ND Jamestown city OH Mount Vernon city MN Albert Lea city ND Minot city OH New Philadelphia city MN Austin city ND Williston city OH Norwalk city MN Bemidji city NE Beatrice city OH Oxford city MN Brainerd city NE Columbus city OH Piqua city MN Faribault city NE Fremont city OH Portsmouth city MN Fergus Falls city NE Grand Island city OH Salem city MN Hastings city NE Hastings city OH Sandusky city MN Hutchinson city NE Kearney city OH Sidney city MN Mankato city NE Norfolk city OH Tiffin city MN Marshall city NE North Platte city OH Troy city MN New Ulm city NE Scottsbluff city OH Urbana city MN North Mankato city NJ East Windsor township OH Washington city MN Northfield city NJ Plainsboro township OH Wilmington city MN Owatonna city NJ Bridgeton city OH Wooster city MN Stillwater city NJ Princeton borough OH Xenia city MN Willmar city NM Alamogordo city OH Zanesville city MN Winona city NM Artesia city OK Ada city MO Cape Girardeau city NM Clovis city OK Altus city MO Farmington city NM Deming city OK Bartlesville city MO Hannibal city NM Farmington city OK Chickasha city MO Jefferson City city NM Gallup city OK Claremore city MO Kennett city NM Hobbs city OK McAlester city MO Kirksville city NM Las Vegas city OK Miami city MO Marshall city NM Portales city OK Muskogee city MO Maryville city NM Roswell city OK Okmulgee city MO Poplar Bluff city NM Silver City town OK Owasso city MO Rolla city NV Elko city OK Ponca City city MO Sedalia city NY Amsterdam city OK Stillwater city MO Sikeston city NY Auburn city OK Tahlequah city MO Warrensburg city NY Batavia city OK Weatherford city MO Washington city NY Canandaigua city OR Albany city MS Brookhaven city NY Corning city OR Ashland city MS Canton city NY Cortland city OR Astoria city MS Clarksdale city NY Dunkirk city OR Bend city MS Cleveland city NY Fredonia village OR City of the Dalles city MS Columbus city NY Fulton city OR Coos Bay city MS Greenville city NY Geneva city OR Corvallis city MS Greenwood city NY Gloversville city OR Grants Pass city MS Grenada city NY Jamestown city OR Hermiston city Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68837 OR Klamath Falls city TX Cleburne city WA Oak Harbor city OR La Grande city TX Conroe city WA Port Angeles city OR Lebanon city TX Coppell city WA Pullman city OR McMinnville city TX Corsicana city WA Sunnyside city OR Newberg city TX Del Rio city WA Walla Walla city OR Pendleton city TX Dumas city WA Wenatchee city OR Roseburg city TX Eagle Pass city WI Beaver Dam city OR Woodburn city TX El Campo city WI Fond du Lac city PA Berwick borough TX Gainesville city WI Fort Atkinson city PA Bloomsburg town TX Gatesville city WI Manitowoc city PA Butler city TX Georgetown city WI Marinette city PA Carlisle borough TX Henderson city WI Marshfield city PA Chambersburg borough TX Hereford city WI Menomonie city PA Ephrata borough TX Huntsville city WI Monroe city PA Hanover borough TX Jacksonville city WI Oconomowoc city PA Hazleton city TX Kerrville city WI Stevens Point city PA Indiana borough TX Kingsville city WI Sun Prairie city PA Lebanon city TX Lake Jackson city WI Two Rivers city PA Meadville city TX Lamesa city WI Watertown city PA New Castle city TX Levelland city WI West Bend city PA Oil City city TX Lufkin city WI Whitewater city PA Pottsville city TX Mercedes city WI Wisconsin Rapids city PA Sunbury city TX Mineral Wells city WV Beckley city PA Uniontown city TX Mount Pleasant city WV Bluefield city PA Warren city TX Nacogdoches city WV Clarksburg city RI Narragansett town TX New Braunfels city WV Fairmont city SC Clemson city TX Palestine city WV Martinsburg city SC Easley city TX Pampa city WV Morgantown city SC Gaffney city TX Pecos city WY Evanston city SC Greenwood city TX Plainview city WY Gillette city SC Newberry town TX Port Lavaca city WY Green River city SC Orangeburg city TX Robstown city WY Laramie city SD Aberdeen city TX Rosenberg city WY Rock Springs city SD Brookings city TX Round Rock city WY Sheridan city SD Huron city TX San Marcos city SD Mitchell city TX Seguin city For the reasons set forth in the SD Vermillion city TX Snyder city preamble,chapter I of title 40 of the SD Watertown city TX Stephenville city Code of Federal Regulations is amended SD Yankton city TX Sweetwater city as follows: TN Brownsville city TX Taylor city TN Cleveland city TX The Colony city PART 9-OMB APPROVALS UNDER TN Collierville town TX Uvalde city THE PAPERWORK REDUCTION ACT TN Cookeville city TX Vernon city TN Dyersburg city TX Vidor city 1.The authority citation for part 9 TN Greeneville town UT Brigham City city continues to read as follows: TN Lawrenceburg city UT Cedar City city Authority:7 U.S.C.135 et seq.,136-136y; TN McMinnville city UT Spanish Fork city 15 U.S.C.2001,2003,2005,2006,2601-2671; TN Millington city UT Tooele city 21 U.S.C.331j,346a,348;31 U.S.C.9701;33 TN Morristown city VA Blacksburg town U.S.C.1251 et seq.,1311,1313d,1314,1318, TN Murfreesboro city VA Christiansburg town 1321,1326,1330,1342,1344,1345(d)and TN Shelbyville city VA Front Royal town (e),1361;E.O.11735,38 FR 21243,3 CFR, TN Springfield city VA Harrisonburg city 1971-1975 Comp.p.973;42 U.S.C.241, TN Union City city VA Leesburg town 242b,243,246,300f,300g,300g-1,300g-2, TX Alice city VA Martinsville city 300g-3,300g-4,300g-5,300g-6,300j-1, TX Alvin city VA Radford city 300j-2,300j-3,300j-4,300j-9,1857 et seq., TX Andrews city VA Staunton city 6901-6992k,7401-7671q,7542,9601-9657, TX Angleton city VA Waynesboro city 11023,11048. TX Bay City city VA Winchester city TX Beeville city VT Rutland city 2.In§9.1 the table is amended by TX Big Spring city WA Aberdeen city adding entries in numerical order under TX Borger city WA Anacortes city the indicated heading to read as follows: TX Brenham city WA Centralia city TX Brownwood city WA Ellensburg city §9.1 OMB approvals under the Paperwork TX Burkbumett city WA Moses Lake city Reduction Act. TX Canyon city WA Mount Vernon city 68838 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 40 CFR citation OMB control No. EPA Administered Permit Programs:The National Pollutant Discharge Elimination System 122.26(9) ........................................................................................................................................................................................... ... 2040-0211 State Permit Requirements 123.35(b) ........................................................................................................................................................................................... ... 2040-0211 PART 122—EPA ADMINISTERED b.Redesignate paragraph(b)(15)as within a geographic area,contributes to PERMIT PROGRAMS:THE NATIONAL paragraph(b)(20)and add new a violation of a water quality standard POLLUTANT DISCHARGE para raphs(b)(15)throu h(b)(19); or is a significant contributor of ELIMINATION SYSTEM c.Revise the heading for paragraph pollutants to waters of the United (c),the first sentence of paragraph(c)(1) States. 1.The authority citation for part 122 introductory text,the first sentence of (ii)Operators of small MS4s. continues to read as follows: paragraph(c)(1)(ii)introductory text, designated pursuant to paragraphs Authority:The Clean Water Act,33 U.S.C. paragraphs(e)heading and introductory (a)(9)(i)(A), (a)(9)(i)(C),and(a)(9)(i)(D)of 1251 et seq. text,(e)(1),(e)(5)introductory text,and this section shall seek coverage under MOO;O; an NPDES permit in accordance with 2.Revise§122.21(c)(1)to read as .Add paragraphs(e)(8)and(e)(9); §§122.33 through 122.35.Operators of follows: and non-municipal sources designated §122.21 Application for a permit e.Revise paragraphs(f)(4),(f)(5),and pursuant to paragraphs (a)(9)(i)(B), (applicable to State programs,see§123.25). (gThe additions and revisions read as (a)(9)(i)(C),and(a)(9)(i)(D)of this * follows: section shall seek coverage under an (c) Time to apply. (1)Any person NPDES permit in accordance with §122.26 Storm water discharges proposing a new discharge,shall submit (applicable to State NPDES programs,see paragraph i (c tors of this section. an application at least 180 days before §123.25). (discharges Operators a storm water the date on which the discharge is to (a) * * * arges designated pursuant commence,unless permission for a later (9)(i)On and after October 1, 1994,for paragraphs (a)(9)(i)(C)and(a)(9)(i)(D)of date has been ranted b the Director. this section shall apply to the Director g Y discharges composed entirely of storm t recei of permit within 180 days Facilities proposing a new discharge of water,that are not required by fora p Y p storm water associated with industrial paragraph(a)(1)of this section to obtain of notice,unless permission for a later activity shall submit an application 180 a permit,operators shall be required to date is granted by the Director(see days before that facility commences obtain a NPDES permit only if: §124.52(c)of this chapter). industrial activity which may result in (A)The discharge is from a small MS4 (b) a discharge of storm water associated required to be regulated pursuant to (4) with that industrial activity.Facilities §122.32; (i)Located in an incorporated place described under§122.26(b)(14)(x)or (B)The discharge is a storm water with a population of 250,000 or more as (b)(15)(i)shall submit applications at discharge associated with small determined by the 1990 Decennial least 90 days before the date on which construction activity pursuant to Census by the Bureau of the Census construction is to commence.Different para rapph(b)(15)of this section; (Appendix F of this part);or submittal dates may be required under (C�The Director,or in States with the terms of applicable general permits. approved NPDES programs either the (7) Persons proposing a new discharge are Director or the EPA Regional (i)Located in an incorporated place encouraged to submit their applications Administrator,determines that storm with a population of 100,000 or more well in advance of the 90 or 180 day water controls are needed for the but less than 250,000,as determined by requirements to avoid delay.See also discharge based on wasteload the 1990 Decennial Census by the ara ra h(k)of this section and allocations that are part of"total p g p maximum daily loads" (TMDLs)that Bureau of the Census(Appendix G of §122.26(c)(1)(i)(G)and(c)(1)(ii). * * * * * address the pollutant(s)of concern;or this part);or (D)The Director,or in States with 3. Amend§122.26 as follows: approved NPDES programs either the (14)Storm water discharge associated a. Revise paragraphs(a)(9), (b)(4)(i), Director or the EPA Regional with industrial activity means the (b)(7)(i), (b)(14)introductory text, Administrator,determines that the discharge from any conveyance that is (b)(14)(x),(b)(14)(xi); discharge,or category of discharges used for collecting and conveying storm Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68839 water and that is directly related to (x)Construction activity including from EPA's Water Resource Center,Mail manufacturing,processing or raw clearing,grading and excavation,except Code RC4100,401 M St.S.W., materials storage areas at an industrial operations that result in the disturbance Washington,DC 20460.A copy is also plant.The term does not include of less than five acres of total land area. available for inspection at the U.S.EPA discharges from facilities or activities Construction activity also includes the Water Docket,401 M Street S.W., excluded from the NPDES program disturbance of less than five acres of Washington,DC. 20460,or the Office of under this part 122.For the categories total land area that is a part of a larger the Federal Register,800 N.Capitol of industries identified in this section, common plan of development or sale if Street N.W.Suite 700,Washington,DC. the term includes,but is not limited to, the larger common plan will ultimately An operator must certify to the Director storm water discharges from industrial disturb five acres or more; that the construction activity will take plant yards;immediate access roads and (xi)Facilities under Standard place during a period when the value of rail lines used or traveled by carriers of Industrial Classifications 20,21,22,23, the rainfall erosivity factor is less than raw materials,manufactured products, 2434,25,265, 267,27,283,285, 30,31 five;or waste material,or by-products used or (except 311),323,34(except 3441),35, created by the facility;material handling 36, 37(except 373), 38,39,and 4221— (B)Storm water controls are not sites;refuse sites;sites used for the 25; needed based on a"total maximum application or disposal of process waste (15)Storm water discharge associated daily load"(TMDL)approved or waters(as defined at part 401 of this with small construction activity means established by EPA that addresses the chapter);sites used for the storage and the discharge of storm water from: pollutant(s)of concern or,for non- maintenance of material handling (i)Construction activities including impaired waters that do not require equipment;sites used for residual clearing,grading,and excavating that TMDLs,an equivalent analysis that treatment,storage,or disposal; shipping result in land disturbance of equal to or determines allocations for small and receiving areas;manufacturing greater than one acre and less than five construction sites for the pollutant(s)of buildings;storage areas (including tank acres. Small construction activity also concern or that determines that such farms)for raw materials,and includes the disturbance of less than allocations are not needed to protect intermediate and final products;and one acre of total land area that is part water quality based on consideration of areas where industrial activity has taken of a larger common plan of development place in the past and significant or sale if the larger common plan will existing in-stream concentrations, materials remain and are exposed to ultimately disturb equal to or greater expected growth in pollutant storm water.For the purposes of this than one and less than five acres. Small contributions from all sources,and a paragraph,material handling activities construction activity does not include margin of safety.For the purpose of this include storage,loading and unloading, routine maintenance that is performed paragraph,the pollutant(s)of concern transportation,or conveyance of any to maintain the original line and grade, include sediment or a parameter that raw material,intermediate product, hydraulic capacity,or original purpose addresses sediment(such as total final product,by-product or waste of the facility.The Director may waive suspended solids,turbidity or siltation) product.The term excludes areas the otherwise applicable requirements and any other pollutant that has been located on plant lands separate from the in a general permit for a storm water identified as a cause of impairment of plant's industrial activities,such as discharge from construction activities any water body that will receive a office buildings and accompanying that disturb less than five acres where: discharge from the construction activity. parking lots as long as the drainage from (A)The value of the rainfall erosivity The operator must certify to the Director the excluded areas is not mixed with factor("R"in the Revised Universal Soil that the construction activity will take storm water drained from the above Loss Equation)is less than five during place,and storm water discharges will described areas.Industrial facilities the period of construction activity.The occur,within the drainage area (including industrial facilities that are rainfall erosivity factor is determined in addressed by the TMDL or equivalent federally,State,or municipally owned accordance with Chapter 2 of analysis. or operated that meet the description of Agriculture Handbook Number 703, the facilities listed in paragraphs Predicting Soil Erosion by Water:A (ii)Any other construction activity (b)(14)(i)through(xi)of this section) Guide to Conservation Planning With designated by the Director,or in States include those facilities designated under the Revised Universal Soil Loss with approved NPDES programs either the provisions of paragraph(a)(1)(v)of Equation(RUSLE),pages 21-64,dated the Director or the EPA Regional this section.The following categories of January 1997.The Director of the Administrator,based on the potential facilities are considered to be engaging Federal Register approves this for contribution to a violation of a water in"industrial activity"for purposes of incorporation by reference in quality standard or for significant paragraph(b)(14): accordance with 5 U.S.0 552(a)and 1 contribution of pollutants to waters of CFR part 51.Copies may be obtained the United States. EXHIBIT 1 TO §122.26(B)(15).—SUMMARY OF COVERAGE OF "STORM WATER DISCHARGES ASSOCIATED WITH SMALL CONSTRUCTION ACTIVITY" UNDER THE NPDES STORM WATER PROGRAM Automatic Designation: Required Nationwide • Construction activities that result in a land disturbance of equal to or greater than one acre Coverage. and less than five acres. • Construction activities disturbing less than one acre if part of a larger common plan of devel- opment or sale with a planned disturbance of equal to or greater than one acre and less than five acres.(see§122.26(b)(15)(i).) Potential Designation: Optional Evaluation and • Construction activities that result in a land disturbance of less than one acre based on the Designation by the NPDES Permitting Author- potential for contribution to a violation of a water quality standard or for significant contribu- ity or EPA Regional Administrator.. tion of pollutants.(see§122.26(b)(15)(ii).) 68840 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations EXHIBIT 1 TO §122.26(B)(15).—SUMMARY OF COVERAGE OF "STORM WATER DISCHARGES ASSOCIATED WITH SMALL CONSTRUCTION ACTIVITY" UNDER THE NPDES STORM WATER PROGRAM—Continued Potential Waiver:Waiver from Requirements as Any automatically designated construction activity where the operator certifies: (1) A rainfall Determined by the NPDES Permitting Author- erosivity factor of less than five, or(2)That the activity will occur within an area where con- ity.. trols are not needed based on a TMDL or, for non-impaired waters that do not require a TMDL,an equivalent analysis for the pollutant(s)of concern.(see§122.26(b)(15)(i).) (16) Small municipal separate storm (ii)An operator of an existing or new (8)For any storm water discharge sewer system means all separate storm storm water discharge that is associated associated with small construction sewers that are: with industrial activity solely under activity identified in paragraph(b)(15)(i) (i)Owned or operated by the United paragraph(b)(14)(x) of this section or is of this section,see§122.21(c)(1). States,a State,city,town,borough, associated with small construction Discharges from these sources require county,parish,district,association,or activity solely under paragraph(b)(15) permit authorization by March 10, 2003, other public body(created by or of this section,is exempt from the unless designated for coverage before pursuant to State law)having requirements of§122.21(g)and then. jurisdiction over disposal of sewage, paragraph(c)(1)(i)of this section. * * * (9)For any discharge from a regulated industrial wastes,storm water,or other * * * * * small MS4,the permit application made wastes,including special districts under (e)Application deadlines.Any under§122.33 must be submitted to the State law such as a sewer district,flood operator of a point source required to Director by: control district or drainage district,or obtain a permit under this section that (i)March 10, 2003 if designated under similar entity,or an Indian tribe or an does not have an effective NPDES §122.32(a)(1)unless your MS4 serves a authorized Indian tribal organization,or permit authorizing discharges from its jurisdiction with a population under a designated and approved management storm water outfalls shall submit an 10,000 and the NPDES permitting agency under section 208 of the CWA application in accordance with the authority has established a phasing that discharges to waters of the United following deadlines: schedule under§123.35(d)(3)(see States. (1)Storm water discharges associated §122.33(c)(1));or (ii)Not defined as"large"or with industrial activity.(i)Except as (ii)Within 180 days of notice,unless "medium"municipal separate storm provided in paragraph e 1 ii of this the NPDES permitting authority grants a sewer systems pursuant to paragraphs section,for any torm water discharge later date,if designated under (b)(4)and(b)(7)of this section,or §122.32(a)(2) (see§122.33(c)(2)). designated under paragraph(a)(1)(v)of identified associated with industrial activity iitty (f) * * * this section. through i)of this section that is not (4)Any person may petition the , (iii)This term includes systems Director for the designation of a large, similar to separate storm sewer systems Part of a group application as described medium,or small municipal separate in municipalities,such as systems at in paragraph(c)(2)of this section or that storm sewer system as defined by military bases,large hospital or prison is not authorized by a storm water paragraph(b)(4)(iv),(b)(7)(iv),or(b)(16) complexes,and highways and other general permit,a permit application of this section. thoroughfares.The term does not made pursuant to paragraph(c)of this (5)The Director shall make a final b ion must e submitted to the include separate storm sewers in very sect determination on any petition received discrete areas,such as individual Director by October 1,1992; under this section within 90 days after buildings. (ii)For any storm water discharge receiving the petition with the (17)Small MS4 means a small associated with industrial activity from exception of petitions to designate a municipal separate storm sewer system. a facility that is owned or operated by small MS4 in which case the Director (18)Municipal separate storm sewer a municipality with a population of less shall make a final determination on the system means all separate storm sewers than 100,000 that is not authorized by petition within 180 days after its that are defined as"large"or"medium" a general or individual permit, other receipt. or"small"municipal separate storm than an airport,powerplant,or (g) Conditional exclusion for"no sewer systems pursuant to paragraphs uncontrolled sanitary landfill,the exposure"of industrial activities and (b)(4),(b)(7),and(b)(16)of this section, permit application must be submitted to materials to storm water,Discharges or designated under paragraph(a)(1)(v) the Director by March 10,2003. composed entirely of storm water are of this section. * not storm water discharges associated (19)MS4 means a municipal separate (5)A permit application shall be with industrial activity if there is"no storm sewer system. submitted to the Director within 180 exposure"of industrial materials and * days of notice,unless permission for a Y P activities to rain,snow,snowmelt and/ (c)Application requirements for storm later date is granted by the Director(see or runoff,and the discharger satisfies water discharges associated with §124.52(c)of this chapter),for: the conditions in paragraphs(g)(1) industrial activity and storm water (i)A storm water discharge that the through(g)(4)of this section. "No discharges associated with small Director,or in States with approved exposure"means that all industrial construction activity—(1)Individual NPDES programs,either the Director or materials and activities are protected by application.Dischargers of storm water the EPA Regional Administrator, a storm resistant shelter to prevent associated with industrial activity and determines that the discharge exposure to rain,snow,snowmelt,and/ with small construction activity are contributes to a violation of a water or runoff.Industrial materials or required to apply for an individual quality standard or is a significant activities include,but are not limited to, permit or seek coverage under a contributor of pollutants to waters of the material handling equipment or promulgated storm water general United States(see paragraphs(a)(1)(v) activities,industrial machinery,raw permit. * and(b)(15)(ii)of this section); materials,intermediate products,by- * * * * * * * * products,final products,or waste Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68841 products.Material handling activities exclusion no longer apply. In such (J)Application or disposal of process include the storage,loading and cases,the discharge becomes subject to wastewater(unless otherwise unloading,transportation,or enforcement for un-permitted discharge. permitted);and conveyance of any raw material, Any conditionally exempt discharger (K)Particulate matter or visible intermediate product,final product or who anticipates changes in deposits of residuals from roof stacks/ waste product. circumstances should apply for and vents not otherwise regulated,i.e., (1)Qualification.To qualify for this obtain permit authorization prior to the under an air quality control permit,and exclusion,the operator of the discharge change of circumstances. evident in the storm water outflow; must: (iv)Notwithstanding the provisions of (iv)All"no exposure"certifications (i)Provide a storm resistant shelter to this paragraph,the NPDES permitting must include the following certification protect industrial materials and authority retains the authority to require statement,and be signed in accordance activities from exposure to rain,snow, permit authorization(and deny this with the signatory requirements of snow melt,and runoff; exclusion)upon making a determination §122.22: "I certify under penalty of law (ii)Complete and sign(according to that the discharge causes,has a that I have read and understand the §122.22)a certification that there are no reasonable potential to cause,or eligibility requirements for claiming a discharges of storm water contaminated contributes to an instream excursion condition of"no exposure"and by exposure to industrial materials and above an applicable water quality obtaining an exclusion from NPDES activities from the entire facility,except standard,including designated uses. storm water permitting;and that there as provided in paragraph(g)(2)of this (4)Certification.The no exposure are no discharges of storm water section; certification must require the contaminated by exposure to industrial (iii)Submit the signed certification to submission of the following activities or materials from the the NPDES permitting authority once information,at a minimum,to aid the industrial facility identified in this every five years; NPDES permitting authority in document(except as allowed under (iv)Allow the Director to inspect the determining if the facility qualifies for paragraph(g)(2))of this section.I facility to determine compliance with the no exposure exclusion: understand that I am obligated to submit the"no exposure"conditions; a no exposure certification form once (v)Allow the Director to make an (i)The legal name,address and phone y bf he discharger see every five years to the NPDES number o t "no exposure"inspection reports ( permitting authority and,if requested, available to the public upon request; §122.21(b)); to the operator of the local MS4 into and (ii)The facility name and address,the (vi)For facilities that discharge county name and the latitude and appWhich this facility discharges(where that I must through an MS4,upon request,submit longitude where the facility is located; allow theNPDES permitttting authority, a copy of the certification of"no (iii)The certification must indicate or MS4 operator where the discharge is exposure"to the MS4 operator,as well that none of the following materials or into the local MS4,to perform as allow inspection and public reporting activities are,or will be in the inspections to confirm the condition of by the MS4 operator. foreseeable future,exposed to no exposure and to make such (2)Industrial materials and activities precipitation: inspection reports publicly available not requiring storm resistant shelter.To (A)Using,storing or cleaning upon request.I understand that I must qualify for this exclusion,storm industrial machinery or equipment,and obtain coverage under an NPDES permit resistant shelter is not required for: areas where residuals from using, prior to any point source discharge of (i)Drums,barrels,tanks,and similar storing or cleaning industrial machinery storm water from the facility.I certify containers that are tightly sealed, or equipment remain and are exposed to under penalty of law that this document provided those containers are not storm water; deteriorated and do not leak("Sealed" and all attachments were prepared (B)Materials or residuals on the under my direction or supervision in means banded or otherwise secured and ground or in storm water inlets from accordance with a system designed to without operational taps or valves); spills/leaks; assure that qualified personnel properly (ii)Adequately maintained vehicles (C)Materials or products from past gathered and evaluated the information used in material handling;and industrial activity; submitted. Based upon my inquiry of (iii)Final products,other than (D)Material handling equipment the person or persons who manage the products that would be mobilized in (except adequately maintained system,or those persons directly storm water discharge(e.g.,rock salt). vehicles); involved in gathering the information, (3)Limitations. (i)Storm water g g discharges from construction activities (E)Materials or products during the information submitted is to the best identified in paragraphs(b)(14)(x)and loading/unloading or transporting of my knowledge and belief true, (b)(15)are not eligible for this activities; accurate and complete.I am aware there conditional exclusion. (F)Materials or products stored are significant penalties for submitting (ii)This conditional exclusion from outdoors(except final products false information,including the the requirement for an NPDES permit is intended for outside use,e.g.,new cars, possibility of fine and imprisonment for available on a facility-wide basis only, where exposure to storm water does not knowing violations." not for individual outfalls. If a facility result in the discharge of pollutants); 4.Revise§122.28(b)(2)(v)to read as G Materials contained in open, follows: has some discharges of storm water that ( ) P would otherwise be"no exposure" deteriorated or leaking storage drums, §122.28 General permits(applicable to discharges,individual permit barrels,tanks,and similar containers; State NPDES programs,see§123.25). requirements should be adjusted (H)Materials or products handled/ accordingly. stored on roads or railways owned or (b) * * * (iii)If circumstances change and maintained by the discharger; (2) * * * industrial materials or activities become (I)Waste material(except waste in (v)Discharges other than discharges exposed to rain,snow,snow melt,and/ covered,non-leaking containers,e.g., from publicly owned treatment works, or runoff,the conditions for this dumpsters); combined sewer overflows,municipal 68842 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations separate storm sewer systems,primary consistently protecting and restoring or is based upon a petition under industrial facilities,and storm water aquatic ecosystems and protecting §122.26(f). discharges associated with industrial public health. (b)You may be the subject of a activity,may,at the discretion of the petition to the NPDES permitting Director,be authorized to discharge §122.31 As a Tribe,what is my role under authority to require an NPDES permit under a general permit without the NPDES storm water program? for your discharge of storm water.If the submitting a notice of intent where the As a Tribe you may: NPDES permitting authority determines Director finds that a notice of intent (a)Be authorized to operate the that you need a permit,you are required requirement would be inappropriate.In NPDES program including the storm to comply with§§122.33 through making such a finding,the Director water program,after EPA determines 122.35. shall consider:the type of discharge;the that you are eligible for treatment in the (c)The NPDES permitting authority expected nature of the discharge;the same manner as a State under§§123.31 may waive the requirements otherwise potential for toxic and conventional through 123.34 of this chapter. (If you applicable to you if you meet the criteria pollutants in the discharges;the do not have an authorized NPDES of paragraph(d)or(e)of this section. If expected volume of the discharges; program,EPA implements the program you receive a waiver under this section, other means of identifying discharges for discharges on your reservation as you may subsequently be required to covered by the permit;and the well as other Indian country,generally.); seek coverage under an NPDES permit estimated number of discharges to be (b)Be classified as an owner of a in accordance with§122.33(a)if covered by the permit.The Director regulated small MS4,as defined in circumstances change. (See also shall provide in the public notice of the §122.32. (Designation of your Tribe as §123.35(b)of this chapter.) general permit the reasons for not an owner of a small MS4 for purposes (d)The NPDES permitting authority requiring a notice of intent. of this part is an approach that is may waive permit coverage if your MS4 consistent with EPA's 1984 Indian serves a population of less than 1,000 5.Add§§122.30 through 122.37 to Policy of operating on a government-to- within the urbanized area and you meet subpart B to read as follows: government basis with EPA looking to the following criteria: Tribes as the lead governmental (1)Your system is not contributing §122.30 What are the objectives of the authorities to address environmental substantially to the pollutant loadings of storm water regulations for small MS4s? issues on their reservations as a physically interconnected MS4 that is (a)Sections 122.30 through 122.37 are appropriate.If you operate a separate regulated by the NPDES storm water written in a"readable regulation" storm sewer system that meets the program(see§123.35(b)(4)of this format that includes both rule definition of a regulated small MS4,you chapter);and requirements and EPA guidance that is are subject to the requirements under (2)If you discharge any pollutant(s) not legally binding.EPA has clearly §§122.33 through 122.35.If you are not that have been identified as a cause of distinguished its recommended designated as a regulated small MS4, impairment of any water body to which guidance from the rule requirements by you may ask EPA to designate you as you discharge,storm water controls are putting the guidance in a separate such for the purposes of this part.);or not needed based on wasteload paragraph headed by the word (c)Be a discharger of storm water allocations that are part of an EPA "guidance". associated with industrial activity or approved or established"total (b)Under the statutory mandate in small construction activity under maximum daily load" (TMDL)that section 402(p)(6)of the Clean Water Act, §§122.26(b)(14)or(b)(15),in which addresses the pollutant(s)of concern. the purpose of this portion of the storm case you must meet the applicable (e)The NPDES permitting authority water program is to designate additional requirements.Within Indian country, may waive permit coverage if your MS4 sources that need to be regulated to the NPDES permitting authority is serves a population under 10,000 and protect water quality and to establish a generally EPA,unless you are you meet the following criteria: comprehensive storm water program to authorized to administer the NPDES (1)The permitting authority has regulate these sources. (Because the program. evaluated all waters of the U.S., storm water program is part of the including small streams,tributaries, National Pollutant Discharge §122.32 As an operator of a small MS4, lakes,and ponds,that receive a Elimination System (NPDES)Program, am I regulated under the NPDES storm discharge from your MS4; you should also refer to§122.1 which water program? (2)For all such waters,the permitting addresses the broader purpose of the (a)Unless you qualify for a waiver authority has determined that storm NPDES program.) under paragraph(c)of this section,you water controls are not needed based on (c)Storm water runoff continues to are regulated if you operate a small wasteload allocations that are part of an harm the nation's waters.Runoff from MS4,including but not limited to EPA approved or established TMDL that lands modified by human activities can systems operated by federal,State, addresses the pollutant(s)of concern or, harm surface water resources in several Tribal,and local governments, if a TMDL has not been developed or ways including by changing natural including State departments of approved,an equivalent analysis that hydrologic patterns and by elevating transportation;and: determines sources and allocations for pollutant concentrations and loadings. (1)Your small MS4 is located in an the ollutant(s)of concern; Storm water runoff may contain or urbanized area as determined by the (3�For the purpose of this paragraph mobilize high levels of contaminants, latest Decennial Census by the Bureau (e),the pollutant(s)of concern include such as sediment,suspended solids, of the Census. (If your small MS4 is not biochemical oxygen demand(BOD), nutrients,heavy metals,pathogens, located entirely within an urbanized sediment or a parameter that addresses toxins,oxygen-demanding substances, area,only the portion that is within the sediment(such as total suspended and floatables. urbanized area is regulated);or solids,turbidity or siltation),pathogens, (d)EPA strongly encourages (2)You are designated by the NPDES oil and grease,and any pollutant that partnerships and the watershed permitting authority,including where has been identified as a cause of approach as the management framework the designation is pursuant to impairment of any water body that will for efficiently,effectively,and §§123.35(b)(3)and(b)(4)of this chapter, receive a discharge from your MS4;and Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68843 (4)The permitting authority has of the application requirements in permit under paragraph(b)(3)of this determined that future discharges from §§122.26(d)(1)and(2)by March 10, section,within 180 days of notice, your MS4 do not have the potential to 2003.You do not need to submit the unless the NPDES permitting authority result in exceedances of water quality information required by grants a later date. standards,including impairment of §§122.26(d)(1)(ii)and(d)(2)regarding designated uses,or other significant your legal authority,unless you intend §122.34 As an operator of a regulated water quality impacts,including habitat for the permit writer to take such small MS4,what will my NPDES MS4 storm and biological impacts. information into account when water permit require? developing your other permit (a)Your NPDES MS4 permit will §122.33 If I am an operator of a regulated conditions. require at a minimum that you develop, small MS4,how do I apply for an NPDES (iii)If allowed by your NPDES implement,and enforce a storm water permit and when do I have to apply? permitting authority,you and another management program designed to (a)If you operate a regulated small regulated entity may jointly apply under reduce the discharge of pollutants from MS4 under§122.32,you must seek either paragraph(b)(2)(i)or(b)(2)(ii)of your MS4 to the maximum extent coverage under a NPDES permit issued this section to be co-permittees under an practicable(MEP),to protect water by your NPDES permitting authority.If individual permit. quality,and to satisfy the appropriate you are located in an NPDES authorized (3)If your small MS4 is in the same Water quality requirements of the Clean State,Tribe,or Territory,then that State, urbanized area as a medium or large Water Act. Your storm water Tribe, or Territory is your NPDES MS4 with an NPDES storm water permit management program must include the permitting authority.Otherwise,your and that other MS4 is willing to have minimum control measures described in NPDES permitting authority is the EPA you participate in its storm water paragraph(b)of this section unless you Retrial Office. program,you and the other MS4 may apply for a permit under§122.26(d). (b)You must seek authorization to jointly seek a modification of the other For purposes of this section,narrative discharge under a general or individual MS4 permit to include you as a limited effluent limitations requiring NPDES permit,as follows: co-permittee.As a limited co-permittee, implementation of best management (1)If your NPDES permitting you will be responsible for compliance practices(BMPs)are generally the most authority has issued a general permit with the permit's conditions applicable appropriate form of effluent limitations applicable to your discharge and you are to your jurisdiction.If you choose this when designed to satisfy technology seeking coverage under the general option you will need to comply with the requirements (including reductions of permit,you must submit a Notice of permit application requirements of pollutants to the maximum extent Intent(NOI)that includes the §122.26,rather than the requirements of practicable)and to protect water quality. information on your best management §122.34.You do not need to comply Implementation of best management practices and measurable goals required with the specific application practices consistent with the provisions by§122.34(d).You may file your own requirements of§122.26(d)(1)(iii)and of the storm water management program NOI,or you and other municipalities or (iv)and(d)(2)(iii) (discharge required pursuant to this section and governmental entities may jointly characterization).You may satisfy the the provisions of the permit required submit an NOI. If you want to share requirements in§122.26(d)(1)(v)and pursuant to§122.33 constitutes responsibilities for meeting the (d)(2)(iv)(identification of a compliance with the standard of minimum measures with other management program)by referring to reducing pollutants to the"maximum municipalities or governmental entities, the other MS4's storm water extent practicable."Your NPDES you must submit an NOI that describes management program. permitting authority will specify a time which minimum measures you will (4)Guidance:In referencing an MS4's period of up to 5 years from the date of implement and identify the entities that storm water management program,you permit issuance for you to develop and will implement the other minimum should briefly describe how the existing implement your program. u measures within the area served by your plan will address discharges from yor A Minimum control measures—(1) MS4.The general permit will explain small MS4 or would need to be Public education and outreach on storm any other steps necessary to obtain supplemented in order to adequately water impacts.(i)You must implement permit authorization. address your discharges.You should a public education program to distribute (2)(i)If you are seeking authorization also explain your role in coordinating educational materials to the community to discharge under an individual permit storm water pollutant control activities or conduct equivalent outreach and wish to implement a program under in your MS4,and detail the resources activities about the impacts of storm §122.34,you must submit an available to you to accomplish the plan. water discharges on water bodies and application to your NPDES permitting (c)If you operate a regulated small the steps that the public can take to authority that includes the information MS4: reduce pollutants in storm water runoff. required under§§122.21(f)and (1)Designated under§122.32(a)(1), (ii)Guidance:You may use storm 122.34(d),an estimate of square mileage you must apply for coverage under an water educational materials provided by served by your small MS4,and any NPDES permit,or apply for a your State,Tribe,EPA,environmental, additional information that your NPDES modification of an existing NPDES public interest or trade organizations,or permitting authority requests.A storm permit under paragraph(b)(3)of this other MS4s.The public education sewer map that satisfies the requirement section by March 10,2003,unless your program should inform individuals and of§122.34(b)(3)(i)will satisfy the map MS4 serves a jurisdiction with a households about the steps they can re uirement in§122.21(f)(7). population under 10,000 and the take to reduce storm water pollution, �ii)If you are seeking authorization to NPDES permitting authority has such as ensuring proper septic system discharge under an individual permit established a phasing schedule under maintenance,ensuring the proper use and wish to implement a program that §123.35(d)(3)of this chapter. and disposal of landscape and garden is different from the program under (2)Designated under§122.32(a)(2), chemicals including fertilizers and §122.34,you will need to comply with you must apply for coverage under an pesticides,protecting and restoring the permit application requirements of NPDES permit,or apply for a riparian vegetation,and properly §122.26(d).You must submit both Parts modification of an existing NPDES disposing of used motor oil or 68844 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations household hazardous wastes.EPA (as defined at§122.26(b)(2))into your connections or discharges,and recommends that the program inform small MS4. distribution of outreach materials. individuals and groups how to become (ii)You must: (4) Construction site storm water involved in local stream and beach (A)Develop,if not already completed, runoff control. (i)You must develop, restoration activities as well as activities a storm sewer system map,showing the implement,and enforce a program to that are coordinated by youth service location of all outfalls and the names reduce pollutants in any storm water and conservation corps or other citizen and location of all waters of the United runoff to your small MS4 from groups.EPA recommends that the States that receive discharges from those construction activities that result in a public education program be tailored, outfalls; land disturbance of greater than or equal using a mix of locally appropriate (B)To the extent allowable under to one acre.Reduction of storm water strategies,to target specific audiences State,Tribal or local law,effectively discharges from construction activity and communities.Examples of prohibit,through ordinance,or other disturbing less than one acre must be strategies include distributing brochures regulatory mechanism,non-storm water included in your program if that or fact sheets,sponsoring speaking discharges into your storm sewer system construction activity is part of a larger engagements before community groups, and implement appropriate enforcement common plan of development or sale providing public service procedures and actions; that would disturb one acre or more.If announcements,implementing (C)Develop and implement a plan to the NPDES permitting authority waives educational programs targeted at school detect and address non-storm water requirements for storm water discharges age children,and conducting discharges,including illegal dumping, associated with small construction to our system;and activity in accordance with community-based projects such as storm y drain stenciling,and watershed and D)Inform public employees, §122,26(b)(15)(i),you are not required beach cleanups.In addition,EPA businesses,and the general public of to develop,implement,and/or enforce a hazards associated with illegal ro red pollutant discharges or outreach programs be directed toward recommends that some of the materials discharges and improper disposal of program to reduce g from such sites. targeted groups of commercial, waste. (ii)Your program must include the industrial,and institutional entities (iii)You need address the following development and implementation of,at likely to have significant storm water categories of non-storm water discharges a minimum: or flows(i.e.,illicit discharges)only if A An ordinance or other re impacts.For example,providing you identify them as significant ( ) regulatory information to restaurants on the impact mechanism to require erosion and P contributors of pollutants to your small sediment controls,as well as sanctions of grease clogging storm drains and to MS4:water line flushing,landscape to ensure compliance,to the extent garages on the impact of oil discharges. irrigation,diverted stream flows,rising allowable under State,Tribal,or local You are encouraged to tailor your round waters,uncontaminated round outreach program to address the water infiltration as defined at 0 CFR law; viewpoints and concerns of all 35.2005(20)),uncontaminated pumped (B)Requirements for construction site communities,particularly minority and P p operators to implement appropriate P Y Y ground water,discharges from potable erosion and sediment control best disadvantaged communities,as well as water sources,foundation drains,air an special concerns relating to management practices; Y P g conditioning condensation,irrigation (C)Requirements for construction site children. water,springs,water from crawl space operators to control waste such as (2)Public involvement/participation. pumps,footing drains,lawn watering, discarded building materials,concrete (i)You must,at a minimum,comply individual residential car washing, truck washout,chemicals,litter,and with State,Tribal and local public flows from riparian habitats and sanitary waste at the construction site notice requirements when wetlands,dechlorinated swimming pool that may cause adverse impacts to water implementing a public involvement/ discharges,and street wash water quality; participation program. (discharges or flows from fire fighting (D)Procedures for site plan review (ii)Guidance:EPA recommends that activities are excluded from the effective which incorporate consideration of the public be included in developing, prohibition against non-storm water and potential water quality impacts; implementing,and reviewing your need only be addressed where they are (E)Procedures for receipt and storm water management program and identified as significant sources of consideration of information submitted that the public participation process pollutants to waters of the United by the public,and should make efforts to reach out and States). (F)Procedures for site inspection and engage all economic and ethnic groups. (iv)Guidance:EPA recommends that enforcement of control measures. Opportunities for members of the public the plan to detect and address illicit (iii)Guidance:Examples of sanctions to participate in program development discharges include the following four to ensure compliance include non- and implementation include serving as components:procedures for locating monetary penalties,fines,bonding citizen representatives on a local storm priority areas likely to have illicit requirements and/or permit denials for water management panel,attending discharges;procedures for tracing the non-compliance.EPA recommends that public hearings,working as citizen source of an illicit discharge;procedures procedures for site plan review include volunteers to educate other individuals for removing the source of the the review of individual pre- about the program,assisting in program discharge;and procedures for program construction site plans to ensure coordination with other pre-existing evaluation and assessment.EPA consistency with local sediment and programs,or participating in volunteer recommends visually screening outfalls erosion control requirements, monitoring efforts. (Citizens should during dry weather and conducting field Procedures for site inspections and obtain approval where necessary for tests of selected pollutants as part of the enforcement of control measures could lawful access to monitoring sites.) procedures for locating priority areas. include steps to identify priority sites (3)Illicit discharge detection and Illicit discharge education actions may for inspection and enforcement based elimination. (i)You must develop, include storm drain stenciling,a on the nature of the construction implement and enforce a program to program to promote,publicize,and activity,topography,and the detect and eliminate illicit discharges facilitate public reporting of illicit characteristics of soils and receiving Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68845 water quality. You are encouraged to process that identifies the (i)You must develop and implement an provide appropriate educational and municipality's program goals(e.g., operation and maintenance program training measures for construction site minimize water quality impacts that includes a training component and operators.You may wish to require a resulting from post-construction runoff has the ultimate goal of preventing or storm water pollution prevention plan from new development and reducing pollutant runoff from for construction sites within your redevelopment),implementation municipal operations.Using training jurisdiction that discharge into your strategies(e.g.,adopt a combination of materials that are available from EPA, system.See§122.44(s)(NPDES structural and/or non-structural BMPs, your State,Tribe,or other organizations, permitting authorities'option to operation and maintenance policies and your program must include employee incorporate qualifying State,Tribal and procedures,and enforcement training to prevent and reduce storm local erosion and sediment control procedures.In developing your water pollution from activities such as programs into NPDES permits for storm program,you should consider assessing park and open space maintenance,fleet water discharges from construction existing ordinances,policies,programs and building maintenance,new sites).Also see§122.35(b) (The NPDES and studies that address storm water construction and land disturbances,and permitting authority may recognize that runoff quality.In addition to assessing storm water system maintenance. another government entity,including these existing documents and programs, (ii)Guidance:EPA recommends that, the permitting authority,may be you should provide opportunities to the at a minimum,you consider the responsible for implementing one or public to participate in the development following in developing your program: more of the minimum measures on your of the program.Non-structural BMPs are maintenance activities,maintenance behalf.) preventative actions that involve schedules,and long-term inspection (5)Post-construction storm water procedures for structural and non- management and source controls such P management in new development and as:policies and ordinances that provide structural storm water controls to redevelopment. requirements and standards to direct reduce floatables and other pollutants (i)You must develop,implement,and growth to identified areas,protect discharged from your separate storm enforce a program to address storm sensitive areas such as wetlands and sewers;controls for reducing or water runoff from new development and riparian areas,maintain and/or increase eliminating the discharge of pollutants redevelopment projects that disturb open space(including a dedicated from streets,roads,highways,municipal greater than or equal to one acre, funding source for open space parking lots,maintenance and storage including projects less than one acre acquisition),provide buffers along yards,fleet or maintenance shops with that are part of a larger common plan of sensitive water bodies,minimize outdoor storage areas,salt/sand storage development or sale,that discharge into impervious surfaces,and minimize locations and snow disposal areas your small MS4.Your program must disturbance of soils and vegetation; operated by you,and waste transfer ensure that controls are in place that policies or ordinances that encourage stations;procedures for properly would prevent or minimize water infill development in higher density disposing of waste removed from the quality impacts. urban areas,and areas with existing separate storm sewers and areas listed (ii)You must: infrastructure;education programs for above(such as dredge spoil, (A)Develop and implement strategies developers and the public about project accumulated sediments,floatables,and which include a combination of designs that minimize water quality other debris);and ways to ensure that structural and/or non-structural best impacts;and measures such as new flood management projects assess management practices (BMPs) the impacts on water quality and appropriate for our community; minimization of percent impervious y Y� examine existing projects for (B)Use an ordinance or other area after development and minimization of directly connected incorporating additional water quality regulatory mechanism to address post y protection devices or practices. construction runoff from new impervious areas. Structural BMPs Operation and maintenance should be development and redevelopment include:storage practices such as wet P P P an integral component of all storm water projects to the extent allowable under ponds and extended-detention outlet management programs.This measure is State,Tribal or local law;and structures;filtration practices such as (C)Ensure adequate long-term grassed swales,sand filters and filter intended to improve the efficiency of q g these programs and require new operation and maintenance of BMPs. strips;and infiltration practices such as programs where necessary.Properly (iii)Guidance:If water quality infiltration basins and infiltration developed and implemented operation impacts are considered from the trenches.EPA recommends that you P ensure the appropriate im implementation and maintenance programs reduce the beginning stages of a project,newP risk of water quality problems. development and potentially of the structural BMPs by considering (c)If an existing qualifying local redevelopment provide more some or all of the following:pre p P construction review of BMP designs, Program requires you to implement one ns, opportunities for water quality g or more of the minimum control protection.EPA recommends that the inspections during construction to measures of paragraph(b)of this BMPs chosen:be appropriate for the verify BMPs are built as designed;post- section,the NPDES permitting authority local community;minimize water construction inspection and may y include conditions in your NPDES quality impacts;and attempt to maintenance of BMPs;and penalty permit that direct you to follow that maintain pre-development runoff provisions for the noncompliance with qualifying program's requirements conditions.In choosing appropriate design,construction or operation and rather than the requirements of BMPs,EPA encourages you to maintenance.Storm water technologies paragraph(b)of this section.A participate in locally-based watershed are constantly being improved,and EPA qualifying local program is a local,State planning efforts which attempt to recommends that your requirements be or Tribal municipal storm water involve a diverse group of stakeholders responsive to these changes, management program that imposes,at a including interested citizens.When developments or improvements in minimum,the relevant requirements of developing a program that is consistent control technologies. paragraph(b)of this section. with this measure's intent,EPA (6)Pollution prevention/good (d)(1)In your permit application recommends that you adopt a planning housekeeping for municipal operations. (either a notice of intent for coverage 68846 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations under a general permit or an individual (f)You must comply with other §122.35 As an operator of a regulated permit application),you must identify applicable NPDES permit requirements, small MS4,may I share the responsibility to and submit to your NPDES permitting standards and conditions established in implement the minimum control measures authority the following information: the individual or general permit, with other entities? (i)The best management practices developed consistent with the (a)You may rely on another entity to (BMPs)that you or another entity will provisions of§§122.41 through 122.49, satisfy your NPDES permit obligations implement for each of the storm water as appropriate. to implement a minimum control minimum control measures at (g)Evaluation and assessment—(1) measure if: paragraphs (b)(1)through(b)(6)of this Evaluation.You must evaluate program section; compliance,the appropriateness of your (1)The other entity, in fact, (ii)The measurable goals for each of implements the control measure; identified best management practices, the BMPs including,as appropriate,the and progress towards achieving your (2)The particular control measure,or months and years in which you will identified measurable goals. component thereof,is at least as undertake required actions,including Note to Paragraph(g)(1):The NPDES stringent as the corresponding NPDES interim milestones and the frequency of permitting authority may determine permit requirement;and the action;and monitoringrequirements for you in 4 Y (3)The other entity agrees to (iii)The person or persons accordance with State/Tribal monitoring implement the control measure on your responsible for implementing or plans appropriate to your watershed. behalf.In the reports you must submit coordinating your storm water Participation in a group monitoring program under§122.34( 3 management program. is encouraged. g)( ),you must also (2)If you obtain coverage under a specify that you rely on another entity general permit,you are not required to (2)Recordkeeping.You must keep to satisfy some of your permit meet any measurable goal(s)identified records required by the NPDES permit obligations.If you are relying on another in your notice of intent in order to for at least 3 years.You must submit governmental entity regulated under demonstrate compliance with the your records to the NPDES permitting section 122 to satisfy all of your permit minimum control measures in authority only when specifically asked obligations,including your obligation to paragraphs(b)(3)through(b)(6)of this to do so.You must make your records, file periodic reports required by section unless,prior to submitting your including a description of your storm §122.34(g)(3),you must note that fact in NOI,EPA or your State or Tribe has Water management program,available to your NOI,but you are not required to provided or issued a menu of BMPs that the public at reasonable times during file the periodic reports.You remain addresses each such minimum measure. regular business hours(see§122.7 for responsible for compliance with your Even if no regulatory authority issues confidentiality provision). (You may permit obligations if the other entity the menu of BMPs,however,you still assess a reasonable charge for copying. fails to implement the control measure must comply with other requirements of You may require a member of the public p y q to provide advance notice. (or component thereof).Therefore,EPA the general permit,including good faith P ) encourages you to enter into a legally implementation of BMPs designed to (3)Reporting.Unless you are relying binding agreement with that entity if comply with the minimum measures. on another entity to satisfy your NPDES you want to minimize any uncertainty (3)Guidance:Either EPA or your State permit obligations under§122.35(a), about compliance with your permit. or Tribal permitting authority will you must submit annual reports to the provide a menu of BMPs.You may NPDES permitting authority for your (b)In some cases,the NPDES choose BMPs from the menu or select first permit term.For subsequent permit permitting authority may recognize, others that satisfy the minimum control terms,you must submit reports in year either in your individual NPDES permit measures. two and four unless the NPDES or in an NPDES general permit,that (e)(1)You must comply with any permitting authority requires more another governmental entity is more stringent effluent limitations in frequent reports.Your report must responsible under an NPDES permit for your permit,including permit include: implementing one or more of the requirements that modify,or are in (i)The status of compliance with minimum control measures for your addition to,the minimum control permit conditions,an assessment of the small MS4 or that the permitting measures based on an approved total appropriateness of your identified best authority itself is responsible.Where the maximum daily load(TMDL)or management practices and progress permitting authority does so,you are equivalent analysis.The permitting towards achieving your identified not required to include such minimum authority may include such more measurable goals for each of the control measure(s)in your storm water stringent limitations based on a TMDL minimum control measures; management program. (For example,if a or equivalent analysis that determines (ii)Results of information collected State or Tribe is subject to an NPDES such limitations are needed to protect and analyzed,including monitoring permit that requires it to administer a water quality. data,if any,during the reporting period; program to control construction site (2)Guidance:EPA strongly runoff at the State or Tribal level and recommends that until the evaluation of (iii)ie summary of the storm water activities you plan to undertake during that program satisfies all of the the storm water program in§122,37,no the next reporting cycle; requirements of§122.34(b)(4),you additional requirements beyond the could avoid responsibility for the minimum control measures be imposed (iv)A change in any identified best construction measure,but would be on regulated small MS4s without the management practices or measurable agreement of the operator of the affected goals for any of the minimum control responsible for the remaining minimum small MS4,except where an approved measures;and control measures.)Your permit may be TMDL or equivalent analysis provides (v)Notice that you are relying on reopened and modified include the adequate information to develop more another governmental entity to satisfy requirement implement a minimum specific measures to protect water some of your permit obligations (if control measure if the entity fails to quality. applicable). implement it. Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68847 §122.36 As an operator of a regulated incorporate qualifying State,Tribal,or determination that another entity was small MS4,what happens if I don't comply local erosion and sediment control responsible for implementation of the with the application or permit requirements program requirements by reference. re uirement(s);and in§§122.33 through 122.35? Where a qualifying State,Tribal,or local �ii)The other entity fails to implement NPDES permits are federally program does not include one or more measure(s)that satisfy the enforceable.Violators may be subject to of the elements in this paragraph(s)(1), requirement(s). the enforcement actions and penalties then the Director must include those described in Clean Water Act sections elements as conditions in the permit.A 8.Revise Appendices F,G,H,and I 309(b), (c),and(g)and 505,or under qualifying State,Tribal,or local erosion to Part 122 to read as follows: applicable State,Tribal,or local law. and sediment control program is one Compliance with a permit issued that includes: APPENDIX F TO PART 122.—INCOR- pursuant to section 402 of the Clean (i)Requirements for construction site PORATED PLACES WITH POPU- Water Act is deemed compliance,for operators to implement appropriate LATIONS GREATER THAN 250,000 purposes of sections 309 and 505,with erosion and sediment control best sections 301,302,306,307,and 403, management practices; ACCORDING TO THE 1990 DECEN- except any standard imposed under (ii)Requirements for construction site NIAL CENSUS BY THE BUREAU OF section 307 for toxic pollutants operators to control waste such as THE CENSUS injurious to human health.If you are discarded building materials,concrete covered as a co-permittee under an truck washout,chemicals,litter,and State Incorporated Place individual permit or under a general sanitarywaste at the construction site permit by means of a joint Notice of Alabama .................... Birmingham. that may cause adverse impacts to water Arizona ...................... Phoenix. Intent you remain subject to the quality; Tucson. enforcement actions and penalties for (iii)Requirements for construction California ................... Long Beach. the failure to comply with the terms of site operators to develop and implement Los Angeles. the permit in your jurisdiction except as a storm water pollution prevention plan. Oakland. set forth in§122.35(b). Sacramento. (A storm water pollution prevention San Diego. §122.37 Will the small MS4 storm water plan includes site descriptions, San Francisco. program regulations at§§122.32 through descriptions of appropriate control San Jose. 122.36 and§123.35 of this chapter change measures,copies of approved State, Colorado .................... Denver. in the future? Tribal or local requirements, District of Columbia EPA will evaluate the small MS4 maintenance procedures,inspection Florida Jacksonville. regulations at§§122.32 through 122.36 procedures,and identification of non- Miami. and§123.35 of this chapter after storm water discharges);and Tampa. December 10,2012 and make any (iv)Requirements to submit a site Georgia. .................... Atlanta. Illinois ........................ Chicago. necessary revisions. (EPA intends to plan for review that incorporates Indiana ...................... Indianapolis. conduct an enhanced research effort and consideration of potential water quality Kansas ...................... Wichita. compile a comprehensive evaluation of impacts. Kentucky Louisville. the NPDES MS4 storm water program. (2)For storm water discharges from Louisiana ................... New Orleans. EPA will re-evaluate the regulations construction activity identified in Maryland ................... Baltimore. based on data from the NPDES MS4 §122.26(b)(14)(x),the Director may Massachusetts .......... Boston. storm water program,from research on include permit conditions that Michigan .................... Detroit. receiving water impacts from storm incorporate qualifying State,Tribal,or Minnesota .................. Minneapolis. water,and the effectiveness of best local erosion and sediment control St. Paul. Missouri ..................... Kansas City. management practices (BMPs),as well program requirements by reference.A St. Louis. as other relevant information sources.) qualifying State,Tribal or local erosion Nebraska ................... Omaha. 6.In§122.44,redesignate paragraphs and sediment control program is one New Jersey ............... Newark. (k)(2)and(k)(3)as paragraphs(k)(3)and that includes the elements listed in New Mexico .............. Albuquerque. (k)(4),remove the comma at the end of paragraph(s)(1)of this section and any New York .................. Buffalo. newly redesignated paragraph(k)(3)and additional requirements necessary to Bronx Borough. add a semicolon in its place,and add achieve the applicable technology-based Brooklyn Borough. new paragraphs(k)(2)and(s)to read as standards of"best available technology" Manhattan Borough. follows: and"best conventional technolo Queens Borough. gy Staten Island Bor- based on the best professional judgment ough. §122.44 Establishing limitations, of the permit writer. North Carolina ........... Charlotte. standards,and other permit conditions (applicable to State NPDES programs,see 7.Add§122.62(a)(14)to read as Ohio........................... Cincinnati. §123.25). follows: Cleveland. Columbus. * * * * * §122.62 Modification or revocation and Toledo. (k) * * * reissuance of permits(applicable to State Oklahoma .................. Oklahoma City. (2)Authorized under section 402(p)of programs,see§123.25). Tulsa. CWA for the control of storm water * * * * Oregon Portland. discharges; (a) * * * Pennsylvania ............. Philadelphia. * * * * * (14)For a small MS4,to include an Pittsburgh. (s)Qualifying State, Tribal,or local effluent limitation requiring Tennessee ................ Memphis. Nashville/Davidson. programs. (1)For storm water implementation of a minimum control Texas ........................ Austin. discharges associated with small measure or measures as specified in Dallas. construction activity identified in §122.34(b)when: El Paso. §122.26(b)(15),the Director may (i)The permit does not include such Fort Worth. include permit conditions that measure(s)based upon the Houston. 68848 Federal Register/Vol. 64, No. 235/Wednesday; December 8, 1999/Rules and Regulations APPENDIX F TO PART 122.—INCOR- APPENDIX G TO PART 122.—INCOR- APPENDIX G TO PART 122.—INCOR- PORATED PLACES WITH POPU- PORATED PLACES WITH POPU- PORATED PLACES WITH POPU- LATIONS GREATER THAN 250,000 LATIONS GREATER THAN 100,000 LATIONS GREATER THAN 100,000 ACCORDING TO THE 1990 DECEN- BUT LESS THAN 250,000 ACCORD- BUT LESS THAN 250,000 ACCORD- NIAL CENSUS BY THE BUREAU OF ING TO THE 1990 DECENNIAL CEN- ING TO THE 1990 DECENNIAL CEN- TRE CENSUS—Continued SUS BY THE BUREAU OF THE CEN- SUS BY THE BUREAU OF THE CEN- SUS—Continued Sus—Continued State Incorporated Place San Antonio. State Incorporated place State Incorporated place Virginia ...................... Norfolk. Colorado Springs. New Jersey y ............... Elizabeth. Virginia Beach. Lakewood. Jersey City. Washington ............... Seattle. Pueblo. Paterson. Wisconsin .................. Milwaukee. Connecticut ............... Bridgeport. New York .................. Albany. Hartford. Rochester. New Haven. Syracuse. APPENDIX G TO PART 122.—INCOR- Stamford. Yonkers. PORATED PLACES WITH POPU- Waterbury. North Carolina ........... Durham. LATIONS GREATER THAN 100,000 Florida ....................... Fort Lauderdale. Greensboro. BUT LESS THAN 250,000 ACCORD- Hialeah. Raleigh. ING TO THE 1990 DECENNIAL CEN- Hollywood. Winston-Salem.Orlando. SUS BY THE BUREAU OF THE CEN- St. Petersburg. Ohio ........................... Akron. SUS Tallahassee. Dayton. Youngstown.Geor is �� �'� ' Columbus. Oregon Eugene. State Incorporated place Macon. Pennsylvania ............. Allentown. Savannah. Erie. Alabama .................... Huntsville. Idaho ......................... Boise City. .................. Mobile. Illinois ..... Peoria. Rhode Island ............. Providence. Rockford. South Carolina .......... Columbia. Montgomery. Indiana Evansville. Tennessee ................ Chattanooga. Alaska Anchorage. ���������������������� Fort Wayne. •.••..• •••.••.••.•• g Knoxville. Arizona ...................... Mesa. Tempe. Gary. Texas ........................ Abilene. Arkansas ................... Little Rock. South Bend. Amarillo. Iowa ........................... Cedar Rapids. Arlington. California ................... Anaheim. Davenport. Beaumont. Bakersfield. Des Moines. Corpus Christi. Berkeley. Kansas ...................... Kansas City. Garland. Chula Vista. Topeka. Irving. Concord. Kentucky ................... Lexington-Fayette. Laredo. El Monte. Louisiana ................... Baton Rouge. Lubbock. Escondido. Shreveport. Mesquite. Fremont. Massachusetts .......... Springfield. Pasadena. Fresno. Worcester. Plano. Fullerton. Michigan .................... Ann Arbor. Waco. Garden Grove. Flint. Utah ........................... Salt Lake City. Glendale. Grand Rapids. Virginia ...................... Alexandria. Hayward. Lansing. Chesapeake. Huntington Beach. Livonia. Hampton. Inglewood. Sterling Heights. Newport News. Irvine. Warren. Portsmouth. Modesto. Mississippi ................. Jackson. Richmond. Moreno Valley. Missouri ..................... Independence. Roanoke. Oceanside. Springfield. Washington ............... Spokane. Ontario. Nebraska ................... Lincoln. Tacoma. Orange. Nevada ...................... Las Vegas. Wisconsin .................. Madison. Colorado .................... Aurora. Reno. APPENDIX H TO PART 122.—COUNTIES WITH UNINCORPORATED URBANIZED AREAS WITH A POPULATION OF 250,000 OR MORE ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS Unincorporated ur- State County banized popu- lation California .................................................................................. Los Angeles............................................................................. 886,780 Sacramento ............................................................................. 594,889 SanDiego................................................................................ 250,414 Delaware .................................................................................. New Castle .............................................................................. 296,996 Florida ...................................................................................... Dade ........................................................................................ 1,014,504 Georgia .................................................................................... DeKalb ..................................................................................... 448,686 Hawaii ...................................................................................... Honolulu 1 ................................................................................ 114,506 Maryland .................................................................................. Anne Arundel ........................................................................... 344,654 Baltimore ................................................................................. 627,593 Montgomery............................................................................. 599,028 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68849 APPENDIX H TO PART 122.-COUNTIES WITH UNINCORPORATED URBANIZED AREAS WITH A POPULATION OF 250,000 OR MORE ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS-Continued Unincorporated ur- State County banized popu- lation Prince George's ....................................................................... 494,369 Texas ....................................................................................... Harris ....................................................................................... 729,206 ..Utah ......................................................................................... Salt Lake ................................................................ ............... 270,989 Virginia ..................................................................................... Fairfax ...................................................................................... 760,730 Washington .............................................................................. King ......................................................................................... 520,468 County was previously listed in this appendix;however,population dropped to below 250,000 in the 1990 Census. APPENDIX I TO PART 122.-COUNTIES WITH UNINCORPORATED URBANIZED AREAS GREATER THAN 100,000 BUT LESS THAN 250,000 ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS Unincorporated ur- State County banized popu- lation Alabama ................................................................................... Jefferson .................................................................................. 78,608 Arizona ..................................................................................... Pima ........................................................................................ 162,202 California .................................................................................. Alameda .................................................................................. 115,082 Contra Costa ........................................................................... 131,082 Kern ......................................................................................... 128,503 Orange ..................................................................................... 223,081 Riverside .................................................................................. 166,509 San Bernardino ....................................................................... 162,202 Colorado .................................................................................. Arapahoe ................................................................................. 103,248 Florida ...................................................................................... Broward ................................................................................... 142,329 Escambia ................................................................................. 167,463 Hillsborough ............................................................................. 398,593 Lee ........................................................................................... 102,337 Manatee................................................................................... 123,828 Orange ..................................................................................... 378,611 PalmBeach ............................................................................. 360,553 Pasco ....................................................................................... 148,907 Pinellas .................................................................................... 255,772 Polk.......................................................................................... 121,528 Sarasota .................................................................................. 172,600 Seminole .................................................................................. 127,873 Georgia .................................................................................... Clayton .................................................................................... 133,237 Cobb ........................................................................................ 322,595 Fulton ....................................................................................... 127,776 Gwinnett .................................................................................. 237,305 Richmond ................................................................................ 126,476 Kentucky .................................................................................. Jefferson .................................................................................. 239,430 Louisiana.................................................................................. East Baton Rouge ................................................................... 102,539 Parish ...................................................................................... 331,307 JeffersonParish ...................................................................... .............................. Maryland .................................................................................. Howard .................................................................................... 157,972 NorthCarolina .......................................................................... Cumberland ............................................................................. 146,827 Nevada ..................................................................................... Clark ........................................................................................ 327,618 Oregon ..................................................................................... Multnomah 1 ............................................................................. 52,923 Washington .............................................................................. 116,687 SouthCarolina ......................................................................... Greenville ................................................................................ 147,464 Richland ................................................................................... 130,589 Virginia ..................................................................................... Arlington .................................................................................. 170,936 Chesterfield ............................................................................. 174,488 Henrico .................................................................................... 201,367 PrinceWilliam .......................................................................... 157,131 Washington .............................................................................. Pierce ...................................................................................... 258,530 Snohomish ............................................................................... 157,218 County was previously listed in this appendix;however,population dropped to below 100,000 in the 1990 Census. PART 123-STATE PROGRAM Authority:The Clean Water Act,33 U.S.C. semicolon in its place,and by adding REQUIREMENTS 1251 et seq. paragraphs(a)(39)through(a)(45)to 2.Amend§123.25 by removing the read as follows: 1.The authority citation for part 123 word"and"at the end of paragraph continues to read as follows: (a)(37),by removing the period at the §123.25 Requirements for permitting. end of paragraph(a)(38)and adding a (a) 68850 Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations (39) §122.30(What are the objectives a watershed or other local basis: tributaries,lakes,and ponds,that of the storm water regulations for small discharge to sensitive waters,high receive a discharge from the MS4 MS4s?); growth or growth potential,high eligible for such a waiver. (40) §122.31 (For Indian Tribes only) population density,contiguity to an (ii)For all such waters,you have (As a Tribe,what is my role under the urbanized area,significant contributor determined that storm water controls NPDES storm water program?); of pollutants to waters of the United are not needed based on wasteload (41) §122.32 (As an operator of a States,and ineffective protection of allocations that are part of an EPA small MS4,am I regulated under the water quality by other programs; approved or established TMDL that NPDES storm water program?); (2)Apply such criteria,at a minimum, addresses the pollutant(s) of concern or, (42) §122.33 (If I am an operator of a to any small MS4 located outside of an if a TMDL has not been developed or regulated small MS4,how do I apply for urbanized area serving a jurisdiction approved,an equivalent analysis that an NPDES permit?When do I have to with a population density of at least determines sources and allocations for apply?); 1,000 people per square mile and a the pollutant(s) of concern. 43) §122.34 (As an operator of a population of at least 10,000; (iii)For the purpose of paragraph regulated small MS4,what will my (3)Designate any small MS4 that (d)(2)(ii)of this section,the pollutant(s) NPDES MS4 storm water permit meets your criteria by December 9, of concern include biochemical oxygen re uire?); 2002.You may wait until December 8, demand(BOD),sediment or a parameter M) §122.35 (As an operator of a 2004 to apply the designation criteria on that addresses sediment(such as total regulated small MS4,may I share the a watershed basis if you have developed suspended solids,turbidity or siltation), responsibility to implement the a comprehensive watershed plan.You pathogens,oil and grease,and any minimum control measures with other may apply these criteria to make pollutant that has been identified as a entities?);and additional designations at any time,as cause of impairment of any water body (45) §122.36(As an operator of a ap ropriate;and that will receive a discharge from the regulated small MS4,what happens if I 4)Designate any small MS4 that MS4. don't comply with the application or contributes substantially to the (iv)You have determined that current permit requirements in§§122.33 pollutant loadings of a physically and future discharges from the MS4 do through 122.35?). interconnected municipal separate not have the potential to result in * storm sewer that is regulated by the exceedances of water quality standards, 3.Add§123.35 to subpart B to read NPDES storm water program. including impairment of designated as follows: (c)You must make a final uses,or other significant water quality determination within 180 days from impacts,including habitat and §123.35 As the NPDES Permitting receipt of a petition under§122.26(f)of biological impacts. Authority for regulated small MS4s,what is this chapter(or analogous State or (v)Guidance:To help determine other my role? Tribal law).If you don of do so within significant water quality impacts,EPA (a)You must comply with the that time period,EPA may make a recommends a balanced consideration requirements for all NPDES permitting determination on the petition, of the following criteria on a watershed authorities under Parts 122,123, 124, (d)You must issue permits consistent or other local basis:discharge to and 125 of this chapter. (This section is with§§122.32 through 122.35 of this sensitive waters,high growth or growth meant only to supplement those chapter to all regulated small MS4s.You potential,high population or requirements and discuss specific issues may waive or phase in the requirements commercial density,significant related to the small MS4 storm water otherwise applicable to regulated small contributor of pollutants to waters of the program.) MS4s,as defined in§122.32(a)(1)of this United States,and ineffective protection (b)You must develop a process,as chapter,under the following of water quality by other programs. well as criteria,to designate small MS4s circumstances: (3)You may phase in permit coverage other than those described in (1)You may waive permit coverage for small MS4s serving jurisdictions §122.32(a)(1) of this chapter,as for each small MS4s in jurisdictions with a population under 10,000 on a regulated small MS4s to be covered with a population under 1,000 within schedule consistent with a State under the NPDES storm water discharge the urbanized area where all of the watershed permitting approach.Under control program.This process must following criteria have been met: this approach,you must develop and include the authority to designate a (i)Its discharges are not contributing implement a schedule to phase in small MS4 waived under paragraph(d) substantially to the pollutant loadings of permit coverage for approximately 20 of this section if circumstances change. a physically interconnected regulated percent annually of all small MS4s that EPA may make designations under this MS4(see paragraph (b)(4)of this qualify for such phased-in coverage. section if a State or Tribe fails to comply section);and Under this option,all regulated small with the requirements listed in this (ii)If the small MS4 discharges any MS4s are required to have coverage paragraph.In making designations of pollutant(s)that have been identified as under an NPDES permit by no later than small MS4s,you must: a cause of impairment of any water body March 8,2007.Your schedule for (1)(i)Develop criteria to evaluate to which it discharges,storm water phasing in permit coverage for small whether a storm water discharge results controls are not needed based on MS4s must be approved by the Regional in or has the potential to result in wasteload allocations that are part of an Administrator no later than December exceedances of water quality standards, EPA approved or established"total 10, 2001. including impairment of designated maximum daily load" (TMDL)that (4)If you choose to phase in permit uses,or other significant water quality address the pollutant(s)of concern. coverage for small MS4s in jurisdictions impacts,including habitat and (2)You may waive permit coverage with a population under 10,000,in biological impacts. for each small MS4 in jurisdictions with accordance with paragraph(d)(3)of this (ii)Guidance:For determining other a population under 10,000 where all of section,you may also provide waivers significant water quality impacts,EPA the following criteria have been met: in accordance with paragraphs(d)(1) recommends a balanced consideration (i)You have evaluated all waters of and(d)(2)of this section pursuant to of the following designation criteria on the U.S.,including small streams, your approved schedule. Federal Register/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68851 (5)If you do not have an approved measures specified in§122.34(b)of this (vi)You are encouraged to provide a schedule for phasing in permit coverage, chapter.EPA plans to develop a menu brief(e.g.,two page)reporting format to you must make a determination whether of BMPs that will apply in each State or facilitate compiling and analyzing data to issue an NPDES permit or allow a Tribe that has not developed its own from submitted reports under waiver in accordance with paragraph menu.Regardless of whether a menu of §122.34(g)(3)of this chapter.EPA (d)(1)or(d)(2)of this section,for each BMPs has been developed by EPA,EPA intends to develop a model form for this eligible MS4 by December 9,2002. encourages State and Tribal permitting purpose. (6)You must periodically review any authorities to develop a menu of BMPs PART 124—PROCEDURES FOR waivers granted in accordance with that is appropriate for local conditions. paragraph(d)(2)of this section to EPA also intends to provide guidance DECISIONMAKING determine whether any of the on developing BMPs and measurable 1.The authority citation for part 124 information required for granting the goals and modify,update,and continues to read as follows: waiver has changed.At a minimum,you supplement such guidance based on the must conduct such a review once every assessments of the NPDES MS4 storm Authority:Resource Conservation and five years.In addition,you must water program and research to be Recovery Act,42 U.S.C.6901 et seq.;Safe consider any petition to review any conducted over the next thirteen years. Drinking Water Act,42 U.S.C.300(8 et seq.; waiver when the petitioner provides Clean Water Act,33 U.S.C.1251 et seq.; P P (h)(1)You must incorporate any Clean Air Act,42 U.S.C.7401 et seq. evidence that the information required additional measures necessary to ensure Revise§124.52(c)to read as for granting the waiver has substantially effective implementation of your State 2. changed. or Tribal storm water program for follows: (e)You must specify a time period of regulated small MS4s. §124.52 Permits required on a case-by- up to 5 years from the date of permit (2)Guidance:EPA recommends case basis. issuance for operators of regulated small consideration of the following: MS4s to fully develop and implement their storm water program. (i)You are encouraged to use a (c)Prior to a case-by-case (f)You must include the requirements general permit for regulated small MS4s; determination that an individual permit in§§122.33 through 122.35 of this (ii)To the extent that your State or is required for a storm water discharge chapter in any permit issued for Tribe administers a dedicated funding under this section(see§122.26(a)(1)(v), regulated small MS4s or develop permit source,you should play an active role (c)(1)(v),and(a)(9)(iii)of this chapter), limits based on a permit application in providing financial assistance to the Regional Administrator may require submitted by a regulated small MS4. operators of regulated small MS4s; the discharger to submit a permit (You may include conditions in a (iii)You should support local application or other information regulated small MS4 NPDES permit that programs by providing technical and regarding the discharge under section direct the MS4 to follow an existing programmatic assistance,conducting 308 of the CWA.In requiring such qualifying local program's requirements, research projects,performing watershed information,the Regional Administrator as a way of complying with some or all monitoring,and providing adequate shall notify the discharger in writing of the requirements in§122.34(b)of this legal authority at the local level; and shall send an application form with chapter.See§122.34(c)of this chapter. (iv)You are encouraged to coordinate the notice.The discharger must apply Qualifying local,State or Tribal program and utilize the data collected under for a permit within 180 days of notice, requirements must impose,at a several programs including water unless permission for a later date is minimum,the relevant requirements of quality management programs,TMDL granted by the Regional Administrator. §122.34(b)of this chapter.) programs,and water quality monitoring The question whether the initial (g)If you issue a general permit to programs; designation was proper will remain authorize storm water discharges from (v)Where appropriate,you may open for consideration during the public small MS4s,you must make available a recognize existing responsibilities comment period under§124.11 or menu of BMPs to assist regulated small among governmental entities for the §124.118 and in any subsequent MS4s in the design and implementation control measures in an NPDES small hearing. of municipal storm water management MS4 permit(see§122.35(b)of this IFR Doc.99-29181 Filed 12-7-99;8:45 am] programs to implement the minimum chapter);and BILLING CODE 6560.50-P 6&6e�ltlzl� �C� sin'' A-VIt PIaln) PHASE II STORMWATER Phase II Stormwater • Who is in and who is out? k Bill Moore - • What do the Phase II Department of Ecology ` a - �� - rules require? • What is next? AWCMSAC NPDES Phase II Workshops - - Aat Who's In and Who's Out Who's In and Who's Out .. What do the Federal rules say Who must be regulated? about who's in and who's out? All Municipal Separate Storm -Who must be regulated - Sewer Systems (MS4s) located Who must be evaluated u 'm within census defined urbanized -Who may be waived areas and which discharge to �� surface waters -- -Maps and lists Census Defined What is an MS4? Urbanized Area Municipal Separate Storm Sewer SVstem or MS4: A central place (or places)and the adjacent densely settled A conveyance or system of surrounding territory that together conveyances(including roads with drainage have a minimum residential systems.municipal streets.catch basins. — curbs,gutters.ditches,man-made channels. population of 50.000 people and or storm drains)which is: a minimum average density of —Owned by a State.City, County,or 1,000 people per square mile. W_ other public entity:and —Designed or used for collecting or conveying stormwater. W'i Census Defined Urbanized Who's In and Who's Out Areas in Washington r • Bellingham • Seattle Who must be evaluated? • Bremerton Spokane All cities outside of census • Clarkston Tri Cities defined urbanized areas with • Longview/Kelso • Vancouver populations greater than 10,000 • Marysville • Wenatchee • Mount Vernon • Yakima 40 CFR Part 123.35(b) • Olympia/Lacey q Who Must be Evaluated? Who's In and Who's Out ON m� Who may be waived? • Aberdeen • Ellensburg Regulated small MS4s serving a • Anacortes • Moses Lake population of less than 1,000 within Centralia Pullman 12.0 the census defined urban areas -_. Oak Harbor • Sunnyside Mr Regulated small MS4s serving a population of between 1,000 and • Port Angeles • Walla Walla 10,000 within the census defined urban areas , Who May be Waived? Who May be Waived? (< 1,000) (< 1,000) Waiver is possible if: s= Waiver IS NOT possible if: • The MS4 is not contributing A TMDL has been completed which substantially to the pollutant loadings establishes a waste load allocation of a physically interconnected MS4 for a pollutant or pollutants in the that is regulated under the stormwater discharges from the MS4 stormwater program; 40 CFR Part 122.32(d) ", See 40 CFR part 122.32(d) 4 w 2 v r Who May be Waived? Who May be Waived? (1,000 to 10,000) -` (1,000 to 10,000) Waiver is possible if: hN Waiver is possible if: • All surface waters receiving All surface waters evaluated; 3T discharges from the MS4 have been It has been determined through �.a evaluated;and : waste load allocations established as part of an approved TMDL that controls on the MS4 discharges are not necessary to control pollutants of concern;and Who May be Waived? Who May be Waived? z.' (1,000 to 10,000) "s (1,000 to 10,000) Re- Waiver is possible if: Waiver is possible if: • All surface waters evaluated; and surface waters evaluated;and • A TMDL has been completed and has been completed and w F . I? controls are not necessary;and contr s necessary;and • The permitting authority has The per has has determined that future discharges g - determined that arges from the MS4 do not have the from the MS4 do not hh potential to cause water quality potential to cause water qual lTyy. problems = problems -mg:>. .......wl Tentative Waivers Who's In and Who's Out Cities: Counties: • Beaux Arts Village Walla Walla • Ferndale • Hunts Point Maps and Lists • Moxee • Rock Island Ruston - • South Prairie Wilkeson s • Woodway 3 ZT p W. WA Cities Required to t Apply for Phase II Permit y # •: 4 Algona . • Brier • Arlington Buckley • Auburn Burien • ' Bainbridge Island Burlington • Battle Ground Camas Bellevue Clyde Hill • . Bellingham Covington • Black Diamond Des Moines • Bonney Lake DuPont Phase I Coverage-Cities&Counties over 100,000 population ' • Bothell • Duvall Potential Phase II Coverage-Urban Cities&Counties, r • Bremerton • Ed eWOOd and Cities over 10,000 population "'"-` g W. WA cities req'd to apply for W. WA cities req'd to apply for Phase II permit (cont'd) Phase II permit (cont'd) 07 • Edmonds Kent Mercer Island Pacific • Enumclaw Kirkland Mill Creek Port Orchard • Everett Lacey Milton • Poulsbo Federal Way • Lake Forest Park Monroe • Puyallup `� Fife • Lake Stevens Mount Vernon • Redmond • Fircrest • Lakewood Mountlake Terrace • Renton • Gig Harbor Longview Mukilteo • Sammamish • Granite Falls • Lynwood • Newcastle • SeaTac • Issaquah • Maple Valley • Normandy Park • Sedro-Woolley • Kelso Marysville Olympia Shoreline ,.E Kenmore Medina Orting Snohomish W. WA cities req'd to apply for E. WA Cities Required to Phase II permit (cont'd) Apply for Phase II Permit Steilacoom ASOtin Selah • Sumner• Tukwila Clarkston Spokane East Wenatchee Spokane Valley Tumwater �- Liberty Lake Union Ga • University Place Y p • Vancouver Kennewick Wenatchee • Washougal Millwood West Richland • Woodinville Pasco Yakima • Yarrow Point Richland 75 cities total 4 Pa , W. WA Counties Required � E. WA Counties Required to Apply for Phase II Permit to Apply for Phase II Permit W • Cowlitz �. Asotin 00800 • Kitsap Benton • Skagit x Chelan • Thurston Douglas I NU • Whatcom Franklin - • Spokane • Yakima aiat :srs V ` 4 Bellingham Urban Area k C Western Washington's {� Census Defined �� O p � � ► Urbanized Areas `�� '`ta.-- tea,^-- �� v`1 •�iY J,] � v xv a � W Bellingham UA: who's in/out? i .; In: —City of Bellingham —Whatcom County • Out: —City of Ferndale (<1,000) —Cities of Nooksack and Everson (not in UA) x 5 k Bremerton UA: who's in/out? —Cities of Bremerton, Bainbridge Island, Port Orchard and Poulsbo —Kitsap County Longview/Kelso UA: who's in/out? �,. In: —Cities of Longview and Kelso —Cowlitz County • Out: —City of Kalama(not in UA) Marysville UA: ' who's in/out? • In. MIKE . —Cities of Marysville, Arlington, Snohomish, Lake Stevens and ONE, �. : U. Granite Falls -� —Cities of Everett and Mukilteo (in Seattle UA) 6 Mount Vernon UA: who's in/out? t —Cities of Mount Vernon, Burlington 4:Ot and Sedro-Woolley " —Skagit County z �x J Olympia/Lacey UA: who's in/out? u. u... . . In. —Cities of Olympia,Tumwater and Lacey —Thurston County 4K-W J Seattle UA, Seattle vicinity: who's in/out? In: Cities of Bellevue,Renton.Redmond.Kirkland, Mercer Island,Duvall,Clyde Hill,Medina, Shoreline,Kenmore,Woodinville,Lake Forest , Park,Bothell,Issaquah,Sammamish,Brier, Newcastle.Yarrow Point,Tukwila,Burien, > SeaTac.Normandy Park,Kent,Federal Way, Auburn,Algona,Pacific,Milton,Black Diamond, Covington,and Maple Valley • Out: — Cities of Beaux Arts Village and Hunts Point _ (<1,000) — Cities of Carnation,Snoqualmie and North Bend (not in UA) t 1►� f Seattle UA, Everett vicinity: who's in/out? In: NICE —Cities of Everett,Monroe,Mukilteo,Mill Creek,Lynwood,Edmonds,Mountlake Terrace,Brier,Bothell,Shoreline,Lake Forest Park,Kenmore,Woodinville and Duvall Cities of Snohomish,Marysville and $ d Lake Stevens(in Marysville UA) Out: —City of Woodway(<1,000) — Seattle UA, Tacoma vicinity: who's in/out? MR a Igg • In: 1 Cities of Gig Harbor,DuPont,Lakewood, Steilacoom,Fircrest,University Place,Fife, Milton,Algona,Pacific,Edgewood,Puyallup, Sumner,Orting,Bonney Lake,Buckley, Enumclaw,Black Diamond,Auburn,Federal .. Way,Kent,SeaTac,Des Moines,Normandy Park,Burien,Covington and Maple Valley Out: — Cities of Ruston,South Prairie and Wilkeson (<1,000) — Cities of Carbonado.Yelm and Roy(not in UA) 3s3� 9F;q;. Vancouver UA:who's in/out? Phase II Stormwater In: • Who is in and who is out? —Cities of Vancouver,Camas, Washougal and Battle Ground • What do the Phase II • Out: rules require? E'e s —City of Ridgefield(not in UA) ;, • What is next? 8 What Do the Phase II What Do the Phase II Rules Require? Rules Require? �.y • Schedules, application and Schedules, application and permitting deadlines permitting deadlines -as • December 8,1999-Phase II Rule • What are the Phase II permit published • February 7,2000-Phase II Rule effective requirements? m • December 9,2002-Permits issued • March 10,2003-Permit applications due • March,000 .-CHagg_II nrngrqmc ara to he ' +Coen vA4r_ 04( 45U0.4c. Phase II Rules Phase II Rules - Permit Requirements - - Permit Requirements - Required to develop, implement and EPA's definition of MEP: enforce a storm water management program to: • Reduce the discharge of pollutants to the maximum extent practicable(MEP), • Protect water quality,and • Satisfy the appropriate water quality �requ n ter Act.LYV '" � Phase II Rules Phase II Rules - Permit Requirements - - Permit Requirements - The Phase II permits must at a ". 6 Minimum Control Measures minimum require: r Public education and outreach • #1-6-The six"minimum control • " measures" - Public involvement/participation • #7- Implement applicable TMDLs Illicit discharge detection and • #8- Evaluation, recordkeeping,and elimination x , reporting • .�w�. Construction site runoff control i► Phase II Rules ` Phase II Rules - Permit Requirements - _ - Permit Requirements - 6 Minimum Control Measures .< For each Minimum Control Measure: • Post construction stormwater • Identify BMPs wmanagement in new development • Describe measurable goals and redevelopment; and » Describe the timing and frequency of • Pollution prevention/good s:., actions ,AN, housekeeping for municipal Identify a person responsible for - _ implementation of the BMP operations s 'P� Phase II Rules Phase II Rules - Permit Requirements - - Permit Requirements - #7 Implement Applicable TMDLs �,, # 8- Evaluation, recordkeeping, and reporting Must comply with any more stringent requirements beyond the Evaluate the effectiveness of the six minimum control measures as management practices at identified in a TMDL or TMDL-like achieving identified measurable analysis. goals N� 40 CFR part 122.34(e) � Phase II Rules Phase II Rules ` - Permit Requirements - ` - Permit Requirements - s # 8 Evaluation, recordkeeping, and , #8 - Evaluation, recordkeeping, and reporting reporting • Evaluate • Evaluate t' Keep records on program x-.; Keep records - implementation for a minimum of ` • Submit annual reports to the 3 years and make them available NPDES permitting authority � to the public; (Ecology) ; ...: 10 Phase II Requirements Phase II Stormwater • Who is in and who is out? No decisions have been made about what the Phase II permits • What do the Phase 11 . ' will require in Washington rules require? • What is next? Phase II Stormwater Phase II Stormwater M What is next? What is next? w For Phase II Cities & Counties: Submit application complete and submit a Phase II P Application is a place holder stormwater permit application :4' ° adeGG'Y :.W s y 7 Phase II Stormwater T Phase II Stormwater � What is next? What is next? • Submit application ology has not started working Y Application is a place holder on Phase II permits • Begin implementation of Earliest anticipated start date for stormwater programs as t" working on Phase II permits is described in your application late 2003 44 OVA 1 77 Expectations What is Ecology doing to K -- implement Phase I I? All local jurisdictions in the Tools for W.WA — Updated the Stormwater Management Manual State of Washington should be for Western Washington(published August 2001) " properly managing their • Tools for E.WA NO — Working with stakeholders to develop guidance , stormwater in order to protect documents(drafts out September 2002) Model Municipal Stormwater Program for E WA local water quality Stormwater Management Manual for E WA • Compliance pathway — Phase II application developed with AWC/APWA — Two Phase II general permits:E.WA and W.WA Ecology Contacts Lauren Driscoll (360)407-6467 email: Idri461 @ecy.wa.gov ,MR, Janice Sedlak (360)407-6470 email:jsed461 @ecy.wa.gov I I-U- 1 Bill Moore (360)407-6444 email:bmoo461 @ecy.wa.gov �V a� of ��� L 12 Cities, Towns and Counties which tentatively fall under Phase II jurisdiction Algona Fife Pacific Arlington Fircrest Pasco Asotin Franklin County Port Orchard Asotin County Gig Harbor Poulsbo Auburn Granite Falls Puyallup Bainbridge Island Issaquah Redmond Battle Ground Kelso Renton Bellevue Kenmore Richland Bellingham Kennewick Sammamish Benton County Kent SeaTac Black Diamond Kirkland Sedro-Woolley Bonney Lake Kitsap County Selah Bothell Lacey Shoreline Bremerton Lake Forest Park Skagit County Brier Lake Stevens Snohomish Buckley Lakewood Spokane Burien Liberty Lake Spokane County Burlington Longview Steilacoom Camas Lynnwood Sumner Chelan County Maple Valley Thurston County Clarkston Marysville Tukwila Clyde Hill Medina Tumwater Covington Mercer Island Union Gap Cowlitz County Mill Creek University Place Des Moines Millwood Vancouver Douglas County Milton Walla Walla County DuPont Monroe Washougal Duvall Mount Vernon Wenatchee East Wenatchee Mountlake Terrace West Richland Edgewood Mukilteo Whatcom County Edmonds Newcastle Woodinville Enumclaw Normandy Park Yakima Everett Olympia Yakima County Federal Way Orting Yarrow Point Cities outside the census urbanized areas, but need Phase II jurisdiction review because of populations Aberdeen Moses Lake Pullman Anacortes Oak Harbor Sunnyside Centralia Port Angeles Walla Walla Ellensburg Cities located in an urbanized area, tentatively exempt from Phase II jurisdiction because of populations of 1,000 and less, located within census defined urban areas Beaux Arts Village Moxee South Prairie Ferndale Rock Island Wilkeson Hunts Point Ruston Woodway D;r,k The:" National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Permit Application Phase II Municipal Separate Storm Sewer Systems (MS4s) WASNIN6T0N STATE 6 EPAAT ME NT OF ECOLOGY The purpose of this application is for local governments or special districts to apply for a National Pollutant Discharge Elimination System (NPDES)permit to discharge stormwater runoff from a Phase II municipal separate storm sewer system (MS4s). The Department of Ecology may request additional information and a notice of intent at a later date, upon development of a general permit. MS4s seeking coverage must complete this application, based on existing information, and return it to the Department of Ecology before March 10,2003. You may print this form and complete it by hand, or download it from our website at: www.ecy.wa.gov/programs/wq/stormwater/index.html. An authorized signature is needed to complete the application. All information should be included on this form. Supporting documents should be referenced in the text only. No attachments are necessary, other than those that may be required under the Map Requirements. Mail completed application to: Department of Ecology Water Quality Program PO Box 47600 Olympia,WA 98504-7600 Ecology will send you an acknowledgment of receipt. If you have questions about this application,please contact Janice Sedlak at(360) 407-6470 or email her at ised461@ecy.wa.gov. Part I. General Information o Name of city,county,special district,or other public entity: Street Address: City,State,Zip: Ownership status: ❑ Federal ❑ State ❑Private ❑ Public ❑ Other Entity 1: ntact e n r onstb3e a Or m' ementa an caor"iitta n} Nar me gPtione Title Does your MS4 presently have a web site? (If yes,list address_) ❑Yes/❑No If so,are your ordinances available on your website ❑Yes/❑No If not,where are your ordinances available? 10/15/02 Please submit before March 10,2003 Pagel of 20 K 3. .,Uperafor' e ❑ City ❑ Town ❑ Drainage District ❑ County ❑ Flood Control District ❑ Other(list): 4. ilition;o to wer Sy's'tem A. Area of land served by your MS4(in square miles): If city,town,or special district give: If county give: Area within current corporate boundaries Area in square miles Additional area of urban growth area(UGA) Area that is urbanized Area that is urbanized(2000 Census) For all MS4s,give 2000 Census population for area served Area located on Indian lands(if any) B. Storm Drainage Infrastructure: Please provide estimates,using the most accurate information available at this time,for the following storm drainage infrastructure features owned or operated by the MS4. Conveyance system: Flow Control system: Open ditches(miles or feet) Detention facilities(estimate number operated by MS4) Regional Storm sewers(miles or feet) Retention facilities(estimate number operated by MS4) Facilities: Outfalls(estimate number) Catch basins(estimate number) Treatment system: Treatment facilities(estimate number operated by MS4) egwrementsi� gig Include a map or maps that identifies: • City,county,or district service area boundaries • State or Federal vocational/technical/college/university campuses and military institutions • Urban area(as defined by the 2000 Census) • GMA urban growth area(UGA),even if partially in an Urban Area • Municipal/county wastewater treatment plants,outfalls,uncontrolled sanitary landfills,vehicle fleet maintenance centers,power plants,airports,and other municipally owned or operated industrial activities • Arterial city or county roads,(additional roads if needed),drainage basins,and receiving waters Please assure that information is clearly.readable. Submit GIS maps if available,and only in.pdf format on a CD- ROM. Multiple maps must be of the same scale. 1:1000.or 1:2000 scales are recommended. Submit paper maps folded to 8.5 x 1 L" 10/15/02 Please submit before March 10,2003 Page 2 of 20 6. I,ist¢all i^amed ece�vmgwaters wi uyFour jurisdiction anla `iiedo eam,,andin 'ca�etho idextttfi =asYmpar pu�rsu an.to CIs a"er AcSeon 3�03fl(ci},andthoseuth a existing TotalMaxunum Daily acl t . _ i' iaformationw availab era.,�www:e ..w % o rams/w /lin /iin erred wtrs:litm'I.` WRIA� ��ate��dyName � Impaired, �.�� ��� � P,arameters ���=x � ,;. TMDL New=tIDf#S avail. ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No �fflplg 'gji�' ��1311d_%fo hick a1VID ,poltu revent�on. p I . or.?in de a . meat~ s� ha % a 1 iafiitra joD facili -(- fi 3io i e ❑Yes/❑No If yes,estimate the percentage of the jurisdiction that discharges to these facilities. oii to.,co necfed toVashm feDe`t<of s faeili ❑Yes/❑No If yes,please identify 21, yoIN iii Nil intercoanec ,o :dog o isc arge v pother j en ❑Yes/❑No be ov Jurisdiction Name Contact Ultimate receiving water 10/15/02 Please submit before March 10,2003 Page 3 of 20 Part II. Your Proposed Stormwater Management Program This application requires you to identify Best Management Practices(BMPs)currently performed by your MS4, and providei information on your planned stormwater management program and proposed BMPs. The following six sections correspond to the six minimum control measures for a Phase II stormwater quality management program. Minimum Control Measures The National Pollutant Discharge Elimination System (NPDES) Phase II Rule defines a stormwater management program composed of six minimum control measures that, when implemented together, are expected to reduce pollutants discharged into receiving water bodies to the Maximum Extent Practicable (MEP). The six control measures include: 1. Public Education and Outreach on Stormwater Impacts 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post-Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations Each minimum control measure requires the selection and implementation of BMPs that comprehensively address the specific stormwater issues in your area. The minimum requirements are provided in Appendix I as the minimum level necessary to comply with 40 CFR 122.34. Regulatory guidance from 40 CFR 122.34 is also provided for each minimum control measure. Additional guidance on selecting BMPs and developing measurable goals can be found at the following EPA website: www.eva.gov/npdes/storrnwater/measurablegoals/index.htm. Instructions: For each minimum control measure, state your control objective and describe BMPs selected for implementation in your jurisdiction. For each BMP, include a brief description, measurable goal, and milestones as appropriate towards achieving that goal. Indicate if the BMP is part of an existing program, and if another entity will share responsibility for implementing the BMP. In cases where another entity will perform one or more BMPs or components thereof on behalf of the permittee, specifically describe the activities each entity will conduct, and include reference to legal agreement where appropriate. List as many BMPs as necessary to fulfill the requirements of 40 CFR 122.34 as referenced in Appendix I. If you have more than 2 BMPs for a control measure, copy/paste additional tables as necessary. 10/15/02 Please submit before March 10,2003 Page 4 of 20 1. Public Education and Outreach on Storm Water Impacts DNECYRO—P.01 r eafly perform,publicetluca"do and outreae8 activiies¢onlstormwater ❑Yes/❑No � ' s Minimum Measure Objective 1: BMP 1(a): I-fh a o an a ting ❑Yes/❑ an tberentity irivae .n ❑Yes/❑ _rouRir,, No im lementation? No Measurable Goal: Milestones: BMP 1(b): tlt nrt f e g; ❑Yes/❑ anottte a ti � Yes/❑ No un emen _tlonsh No Measurable Goal: Milestones: 2. Public Involvement/Participation p p, ent�, zoYi op `�ni fo utilie o b" olv o a ❑Yes/❑No de��e men _gun emeq at�og1of � ormwater mane emeat �o ;"_.ma9 Minimum Measure Objective 2: BMP 2(a): e ❑Yes/❑ s anothere tlty in u ❑Yes/P ❑ MO N .�._. NO »n Iementatio s_ No Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 5 of 20 BMP 2(b): Zhis �a an ex�stuig El Yes/❑ Is=anotl�e'entinvolved�inB El Yes/❑ ► ra ramp No _im"lementat o No Measurable Goal: Milestones: 3. Illicit Discharge Detection and Elimination you presen :. ave> program for the etection an elim' atio ofitici di' h c ❑Yes/❑No to e s orm sewer? o l►resen#ly lt,ye an o dinance in lace hat;ena l u en aan et►minaf ❑Yes/❑No iliic' iLsc,a,, es fo�the�stor_:..seweis. Minimum Measure Objective 3: BMP 3(a): o a a�sfiin . ❑Yes/❑ notbe enti El Yes/❑ No im_lemntatio_�. No Measurable Goal: Milestones: BMW 3(b): li pa ol3an existm ❑Yes/❑ s a NexaMon n.a ed in ❑Yes/❑ No im No Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 6 of 20 4. Construction Site Run-off Control e full ng°s aces,indie to if,yopr S4«presentl"yg-pe Urm �elated to construct 3 Activities: Existing? Construction site plan review ❑Yes/❑No Responding to public input and complaints ❑Yes/❑No Enforcement and inspection procedures ❑Yes/❑No Training and education ❑Yes/❑No Does your MS4 presently have an ordinance addressing construction site run-off control? ❑Yes/❑No If yes,code number- Minimum Measure Objective 4: BMP.4(a): tb emstin ❑Yes/❑ s anothe entYes/❑ 11 r0 tq� N0 impementittlottit, No Measurable Goal: Milestones: BMP 4(b): s this pa a an existin ❑Yes/❑ afffli Is aIn 6e en ity nvo' ed', B ❑Yes/❑ No e mit No Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 7 of 20 5. Post-Construction Stormwater Management in New Development and Redevelopment Please, n er thestion r�eega : ingfipost-c-onstructioOtormwater management i ne evelo me fan` t, e�elo�ment: ❑Yes/❑No Does your MS4 presently have a development permit process in place. Does your MS4 presently have'a stonmwater management.technical manual? ❑ Yes/❑No If yes,has the MS4 adopted the Ecology 2001 Stormwater manual,or an equivalent manual? ❑Yes/❑No If no,what manual is currently adopted/used?Please list- Does your MS4 presently have a plan review process for new development and redevelopment? El Yes/ No❑ Does your MS4 presently inspect new stormwater facilities? El Yes/❑No Does your MS4 presently inspect existing stormwater facilities? ❑ Yes/❑No Does your MS4 presently have a stormwater ordinance addressing post construction stormwater controls? ❑Yes/❑No If yes,code number- Does your MS4 presently promote and/or provide incentives for Low Impact Development? El Yes/El No Minimum Measure Obiective 5: BMP 5(a) o pan existing ❑Yes/❑ s nothe enRy, ❑Yes/❑ No 'm lementaht>n;.: No ti m� Measurable Goal: Milestones: BMP 5(b): ._ ❑Yes/❑ t as tmg ❑Yes/❑ anot a en'ty o e No es�s No im _19 ft lion} Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 8 of 20 6. Pollution Prevention/Good Housekeeping for Municipal Operations D�" your{ 4 preseiiti &hare program in platoi mote%pollution preYe toan g ❑Yes/❑No �� -houselcee _in�foramunicl .ado _,rations? - ,. fist, un own 1 , ed o� er�ted facdih ba �voulii"easonab e e pa lY � xpected o i�'ischarge con _ �i a e��runo n are tcovered under a " E " erm�t.far egamp a vehicl maintenance arag ,waste�trans a ratio s,�g spurs salt.or.o he materialspstor. ge,or open tan fills: �Iso,indicat iftlter,e is a locum nt ho V to o lan m la¢" Facility or type of facilities/operation: Pollution Prevention Plan? ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No Minimum Measure Objective 6• BMP 6(a): a nFexasting El Yes/Eleariothe en;i gym._olveel ❑Yes/❑ N0 im lementa`tion " No Measurable Goal: Milestones: BMP 6(b): Istlis art:o a exis 'n ❑Yes/❑ NFnothe "en > in o e a ❑YesNo emen�at�o " No Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 9 of 20 Part III.Recordkeeping and Reporting The permittee will comply with recordkeeping and reporting requirements per 40 CFR 122.34(g) Recordkeeping-40 CFR 122.34(g)(2) You must keep records required by the NPDES permit for at least three years. You must submit your records to the NPDES permitting authority only when specifically asked to do so. You must make your records, including a description of your stormwater management program, available to the public at reasonable times during regular business hours (see 122.7 for confidentiality provision). (You may assess a reasonable charge for copying. You may require a member of the public to provide advance notice.) Reporting-40 CFR 122.34(g)(3) Unless you are relying on another entity to satisfy your NPDES permit obligations under 122.35(a), you must submit annual reports in year two and four unless the NPDES permitting authority requires more frequent reports. Your report must include: (i) The status of compliance with permit conditions, an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goals for each of the minimum control measures; (ii) Results of information collected and analyzed, including monitoring data, if any, during the reporting period; (iii) A summary of the stormwater activities you plan to undertake during the next reporting cycle; (iv) A change in any identified best management practices or measurable goals for'any of the minimum control measures; and (v) Notice that you are relying on another governmental entity to satisfy some of your permit obligations (if applicable). Part IV. Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is,to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Authorized Representative Name: Title: Signature: Date: 10/15/02 Please submit before March 10,2003 Page 10 of 20 APPENDIX I. Minimum Control Measure Requirements (source: 40 CFR 122.34(b)) 1. Public Education & Outreach on Stormwater Impacts Minimum Requirements—40 CFR 122.34(b)(1)(i) You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. Regulatory Guidance—40 CFR 122.34(b)(1)(ii) You may use stormwater educational materials provided by your state; tribe; EPA; environmental, public interest, or trade organizations; or other MS4s. The public education program should inform individuals and households about the steps they can take to reduce stormwater pollution, such as ensuring proper septic system maintenance, ensuring the proper use and disposal of landscape and garden chemicals including fertilizers and pesticides, protecting and restoring riparian vegetation, and properly disposing of used motor oil and household hazardous wastes. EPA recommends that the program inform individuals and groups how to become involved in local stream and beach restoration activities, as well as activities that are coordinated by youth service and conservation corps or other citizen groups. EPA recommends that the public education program be tailored, using a mix of locally appropriate strategies, to target specific audiences and communities. Examples of strategies include distributing brochures or fact sheets, sponsoring speaking engagements before community groups, providing public service announcements, implementing educational programs targeted at school age children, and conducting community-based projects such as storm drain stenciling and watershed and beach cleanups. In addition, EPA recommends that some of the materials or outreach programs be directed toward targeted groups of commercial, industrial, and institutional entities likely to have significant stormwater impacts. For example, providing information to restaurants on the impact of grease clogging storm drains, and to garages on the impact of oil discharges. You are encouraged to tailor your outreach program to address the viewpoints and concerns of all communities, particularly minority and disadvantaged communities, as well as any special concerns relating to children. 2. Public Involvement/Participation Minimum Requirements—40 CFR 122.34(b)(2)(i) You must, at a minimum, comply with state, tribal, and local public notice requirements when implementing a public involvement/participation program. Regulatory Guidance—40 CFR 122.34(b)(2)(ii) EPA recommends that the public be included in developing, implementing, and reviewing your stormwater management program, and that the public participation process should make efforts to reach out and engage all economic and ethnic groups. Opportunities for members of the public to participate in program development and implementation include serving as citizen representatives on a local stormwater management panel, attending public hearings, working as citizen volunteers to educate other individuals about the program, assisting in program coordination with other pre-existing programs, or participating in volunteer monitoring efforts. (Citizens should obtain approval where necessary for lawful access to monitoring sites.) 10/15/02 Please submit before March 10,2003 Page 11 of 20 3. Illicit Discharge Detection & Elimination Minimum Requirements—40 CFR 122.34(b)(3)(i) You must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined at Sec. 122.26(b)(2)) into your small MS4. (ii) You must: (A) Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; (B) To the extent allowable under State, Tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-stormwater discharges into your storm sewer system and implement appropriate enforcement procedures and actions; (C) Develop and implement a plan to detect and address non-stormwater discharges, including illegal dumping, to your system; and (D) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. (iii) You need address the following categories of non-stormwater discharges or flows(i.e., illicit discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration(as defined at 40 CFR 35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the effective prohibition against non-stormwater and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). Regulatory Guidance—40 CFR 122.34(b)(3)(N) EPA recommends that the plan to detect and address illicit discharges include the following four components: procedures for locating priority areas likely to have illicit discharges; procedures for tracing the source of an illicit discharge; procedures for removing the source of the discharge; and procedures for program evaluation and assessment. EPA recommends visually screening outfalls during dry weather and conducting field tests of selected pollutants as part of the procedures for locating priority areas. Illicit discharge education actions may include storm drain stenciling; a program to promote, publicize, and facilitate public reporting of illicit connections or discharges; and distribution of outreach materials. 4. Construction Site Stormwater Runoff Control Minimum Requirements—40 CFR 122.34(b)(4)(i) You must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of stormwater discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. If the NPDES permitting authority waives requirements for stormwater discharges associated with small construction activity in accordance with Sec. 122.26(b)(15)(i), you are not required to develop, implement, and/or enforce a program to reduce pollutant discharges from such sites. 10/15/02 Please submit before March 10,2003 Page 12 of 20 (ii) Your program must include the development and implementation of, at a minimum: (A) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State, Tribal, or local law; (B)Requirements for construction site operators to implement appropriate erosion and sediment control (ESC)best management practices; (C)Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; (D)Procedures for site plan review which incorporate consideration of potential water quality impacts; (E)Procedures for receipt and consideration of information submitted by the public, and (F) Procedures for site inspection and enforcement of control measures. Regulatory Guidance—40 CFR 122.34(b)(4)(iii) Examples of sanctions to ensure compliance include non-monetary penalties, fines, bonding requirements, and/or permit denials for non-compliance. EPA recommends that procedures for site plan review include the review of individual pre-construction site plans to ensure consistency with local (ESC) requirements. Procedures for site inspections and enforcement of control measures could include steps to identify priority sites for inspection and enforcement based on the nature of the construction activity, topography, and the characteristics of soils and receiving water quality. You are encouraged to provide appropriate educational and training measures for construction site operators. You may wish to require a stormwater pollution prevention plan for construction sites within your jurisdiction that discharge into your system. See Sec. 122.44(s) (NPDES permitting authorities' option to incorporate qualifying State, Tribal and local erosion and sediment control programs into NPDES permits for stormwater discharges from construction sites). Also see Sec. 122.35(b) (The NPDES permitting authority may recognize that another government entity, including the permitting authority, may be responsible for implementing one or more of the minimum measures on your behalf). 5. Post-Construction Stormwater Management in New Development& Redevelopment Minimum Requirements—40 CFR 122.34(b)(5)(i) You must develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts. (ii) You must: (A) Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for your community; (B) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State, Tribal or local law; (C) Ensure adequate long-term operation and maintenance of BMPs. 10/15/02 Please submit before March 10,2003 Page 13 of 20 Regulatory Guidance—40 CFR 122.34(b)(5)(iii) If water quality impacts are considered from the beginning stages of a project, new development and potentially redevelopment provide more opportunities for water quality protection. EPA recommends that the BMPs chosen: be appropriate for the local community; minimize water quality impacts; and attempt to maintain pre- development runoff conditions. In choosing appropriate BMPs, EPA encourages you to participate in locally- based watershed planning efforts which attempt to involve a diverse group of stakeholders including interested citizens. When developing a program that is consistent with this measure's intent, EPA recommends that you adopt a planning process that identifies the municipality's program goals (e.g., minimize water quality impacts resulting from post-construction runoff from new development and redevelopment), implementation strategies (e.g., adopt a combination of structural and/or non-structural BMPs, operation and maintenance policies and procedures, and enforcement procedures. In developing your program, you should consider assessing existing ordinances, policies, programs and studies that address stormwater runoff quality. In addition to assessing these existing documents and programs, you should provide opportunities to the public to participate in the development of the program. Non-structural BMPs are preventative actions that involve management and source controls such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure; education programs for developers and the public about project designs that minimize water quality impacts; and measures such as minimization of percent impervious area after development and minimization of directly connected impervious areas. Structural BMPs include: storage practices such as wet ponds and extended- detention outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches. EPA recommends that you ensure the appropriate implementation of the structural BMPs by considering some or all of the following: pre- construction review of BMP designs; inspections during construction to verify BMPs are built as designed; post-construction inspection and maintenance of BMPs; and penalty provisions for the noncompliance with design, construction or operation and maintenance. Stormwater technologies are constantly being improved, and EPA recommends that your requirements be responsive to these changes, developments or improvements in control technologies. 6. Pollution Prevention/Good Housekeeping for Municipal Operations Minimum Requirements—40 CFR 122.34(b)(6)(i) You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your state, Tribe, or other organizations, your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. 10/15/02 Please submit before March 10,2003 Page 14 of 20 Regulatory Guidance—40 CFR 122.34(b)(6)(ii) EPA recommends that, at a minimum, you consider the following in developing your program: maintenance activities, maintenance schedules, and long-term inspection procedures for structural and nonstructural stormwater controls to reduce floatables and other pollutants discharged from your separate storm sewers; controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal areas operated by you, and waste transfer stations; procedures for properly disposing of waste removed from the separate storm sewers and areas listed above (such as dredge spoil, accumulated sediments, floatables, and other debris); and ways to ensure that new flood management projects assess the impacts on water quality and examine existing projects for incorporating additional water quality protection devices or practices. Operation and maintenance should be an integral component of all stormwater management programs. This measure is intended to improve the efficiency of these programs and require new programs where necessary. Properly developed and implemented operation and maintenance programs reduce the risk of water quality problems. 10/15/02 Please submit before March 10,2003 Page 15 of 20 APPENDIX II. ABBREVIATIONS*: • BAT Best Available Technology Economically FR Federal Register Achievable (applies to non-conventional and toxic MEP Maximum Extent Practicable pollutants) MS4 Municipal Separate Storm Sewer System BCT Best Conventional Pollutant Control Technology (applies to conventional pollutants) MSGP Multi Sector General Permit BMP Best Management Practice NOI Notice of Intent BPJ Best Professional Judgment NOT Notice of Termination BPT Best Practicable Control Technology NOV Notice of Violation Currently Available (generally applies to NPDES National Pollutant Discharge Elimination conventional pollutants and some metals) System CFR Code of Federal Regulations NPS Non-point Source CGP Construction General Permit O&M Operation and Maintenance COD Chemical Oxygen Demand OW Office of Water CSO Combined Sewer Overflow OWM Office of Wastewater Management CWA Clean Water Act (formerly referred to as the PA Permitting Authority Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) POTW Publicly Owned Treatment Works CZARA Coastal Zone Act Reauthorization SIC Standard Industrial Classification Amendments SWPPP Stormwater Pollution Prevention Plan DO Dissolved Oxygen TMDL Total Maximum Daily Load DMR Discharge Monitoring Report TSS Total Suspended Solids ELG Effluent Limitations Guidelines UA Urbanized Area EPA Environmental Protection Agency DEFINITIONS*: Authorized Representative: For a municipality, State, Federal, or other public agency: (a) By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal Agency includes (i)the chief executive officer of the Agency, or(ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the Agency (e.g., Regional Administrators of EPA). (b) All reports required by permits, and or other information requested by the Director shall be signed by a person described in paragraph (a) of this section, or by a duly authorized representative of that person. Best Available Treatment(BAT)/Best Control Technology (BCT): A level of technology based on the very best(state of the art) control and treatment measures that have been developed or are capable of being developed and that are economically achievable within the appropriate industrial category. 10/15/02 Please submit before March 10,2003 Page 16 of 20 Best Management Practices (BMPs): Activities or structural improvements that help reduce the quantity and improve the quality of stormwater runoff. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Category (xi) facilities: Specific facilities classified as light industry with equipment or materials exposed to stormwater. Clean Water Act (Water Quality Act): (formerly the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972). Public law 92-500; 33 U.S.C. 1251 et seq.; legislation which provides statutory authority for the NPDES program. Also know as the Federal Water Pollution Control Act. Conveyance: The process of water moving from one place to another. Detention Facility: An above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. Discharge: The volume of water(and suspended sediment if surface water)that passes a given location within a given period of time. Erosion: When land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff. Erosion occurs naturally but can be intensified by land clearing activities such as farming, development, road-building, and timber harvesting. Excavation: The process of removing earth, stone, or other materials from land. General Permit: A permit issued under the NPDES program to cover a certain class.or category of stormwater discharges. These permits reduce the administrative burden of permitting stormwater,discharges. Grading: The cutting and/or filling of the land surface to a desired slope or elevation. Illicit Connection: Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater and is not authorized by an NPDES permit, with some exceptions (e.g., discharges due to fire fighting activities). Interconnected: See Physically Interconnected Industrial Activity: Any activity which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. Large Municipal Separate Storm Sewer System (MS4): An MS4 located in an incorporated place or county with a population of 250,000 or more, as determined by Light Manufacturing Facilities: Described under Category (xi) of the definition of"stormwater discharges associated with industrial activity" [CFR 122 26(b)(14)(i-ix and xi)]. Under the Phase I NPDES Stormwater Program,these facilities were eligible for exemption from stormwater permitting requirements if certain areas and activities were not exposed to stormwater. As a result of the Phase II Final Rule, these facilities must now certify to a condition of no exposure. Low Impact Development: The integration of site ecological and environmental goal and requirements into all phases of urban planning and design from the individual residential lot level to the entire watershed. Hydrologic functions of storage, infiltration, and ground water recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro-scale stormwater retention and detention areas, reduction of impervious surfaces, and the lengthening of flow paths and runoff time. Other strategies include the preservation/protection of environmentally sensitive site features such as riparian buffers, wetlands, steep.slopes, valuable (mature)trees, flood plains, woodland and highly permeable soils. 10/15/02 Please submit before March 10,2003 Page 17 of 20 r t Maximum Extent Practicable(MEP): A standard for water quality that applies to all MS4 operators regulated under the NPDES Stormwater Program. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop and implement their programs. Medium Municipal Separate Storm Sewer System (MS4): MS4 located in an incorporated place or county with a population of 100,000 or more but less than 250,000, as determined by the latest U.S. Census. Municipal Separate Storm Sewer System (MS4): A publicly -owned conveyance or system of conveyances that discharges to waters of the U.S. and is designed or used for collecting or conveying stormwater, is not a combined sewer, and is not part of a publicly-owned treatment works (POTW). Multi-Sector General Permit (MSGP): An NPDES permit that regulates stormwater discharges from eleven categories of industrial activities. New Development: Land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. No exposure: All industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products,by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. Non-authorized States: any State that does not have the authority to regulate the NPDES Stormwater Program. Non-point Source (NPS) Pollutants: Pollutants from many diffuse sources.NPS pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and even our underground sources of drinking water. Notice of Intent (NOI): An application to notify the permitting authority of a facility's.intention to be covered by a general permit; exempts a facility from having to submit an individual or group application. NPDES: "National Pollutant Discharge Elimination System"the name of the surface water quality program authorized by Congress as part of the 1987 Clean Water Act. This is EPA program to control the discharge of pollutants to waters of the United States (see 40 CFR 122.2). O&M Expenditures: The operating and maintenance costs associated with the continual workings of a project. Outfall: The point where wastewater or drainage discharges from a sewer pipe, ditch, or other conveyance to a receiving body of water. Permitting Authority (PA): The NPDES-authorized state agency or EPA regional office that administers the NPDES Stormwater Program. PAs issue permits, provide compliance assistance, and inspect and enforce the program. Physically interconnected MS4: This means that one MS4 is connected to a second MS4 in such a way that it allows for direct discharges into the second system. Point Source Pollutant: Pollutants from a single, identifiable source such as a factory or refinery. Pollutant Loading: The total quantity of pollutants in stormwater runoff. 10/15/02 Please submit before March 10,2003 Page 18 of 20 ` Qualifying local program: A local, State or Tribal municipal stormwater management program that imposes, at a minimum, the relevant requirements of one or more of the minimum control measures includes in 122.34(b). Redevelopment: On a site that is already substantially developed (i.e., has more than 35% or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities. Regional: An action (here, for stormwater management purposes)that involves more than one discrete property. Regional Detention Facility: A stormwater quantity control structure designed to correct the existing surface water runoff problems of a basin or subbasin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is sited to detain stormwater runoff from a number of new developments or areas within a catchment Regulated MS4: Any MS4 covered by the NPDES Stormwater Program (regulated small, medium, or large MS4s). Retention: The process of collecting and holding surface and stormwater runoff with no surface outflow. Retention/detention facility (R/D): A type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a sort period of time and then release it to the surface and stormwater management system. Retrofit: The modification of stormwater management systems through the construction and/or enhancement of wet ponds, wetland plantings, or other BMPs designed to improve water quality Runoff: Drainage or flood discharge that leaves an area as surface flow or as pipeline flow. Has reached a channel or pipeline by either surface or sub-surface routes. Sanitary Sewer: A system of underground pipes that carries sanitary waste or process wastewater to a treatment plant. Sediment: Soil, sand, and minerals washed from land into water, usually after rain. Sediment can destroy fish- nesting areas, clog animal habitats, and cloud waters so that sunlight does not reach aquatic plants. Sheet flow: The portion of precipitation that moves initially as overland flow in very shallow depths before eventually reaching a stream channel. Site Plan: A graphical representation of a layout of buildings and facilities on a parcel of land. Site Runoff: Any drainage or flood discharge that is released from a specified area. Small Municipal Separate Storm Sewer System (MS4): Any MS4 that is not regulated under Phase I of the NIPDES Stormwater Program and Federally-owned MS4s. Stakeholder: An entity that holds a special interest in an issue or program -- such as the stormwater program- since it is or may be affected by it. Standard Industrial Classification (SIC) Code: A four digit number which is used to identify various types of industries. Storm Drain: A slotted opening leading to an underground pipe or an open ditch for carrying surface runoff. 10/15/02 Please submit before March 10,2003 Page 19 of 20 t Stormwater: Precipitation that accumulates in natural and/or constructed storage and stormwater systems ; during and immediately following a storm event. Stormwater Management: Functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control, and/or convey stormwater. Stormwater Pollution Prevention Plan (SWPPP): A plan to describe a process whereby a facility thoroughly evaluates potential pollutant sources at a site and selects and implements appropriate measures designed to prevent or control the discharge of pollutants in stormwater runoff. Surface Water: Water that remains on the surface of the ground, including rivers, lakes, reservoirs, streams, wetlands, impoundments, seas, estuaries, etc. Total Maximum Daily Load (TMDL): The maximum amount of pollutants which can released into a water body without adversely affecting the water quality. Tool Box: A term to describe the activities and materials that EPA plans to perform/produce to facilitate implementation of the stormwater program in an effective and cost-efficient manner. The eight components include: 1) fact sheets; 2) guidance documents; 3) menu of BMPs; 4) compliance assistance; 5) information clearing house; 6) training and outreach efforts; 7) technical research; and 8) support for demonstration projects. Treatment BMP: A BMP that is intended to remove pollutants form stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales, and constructed wetlands. Uncontrolled Sanitary Landfill: a landfill or open dump, whether in operation or closed,that does not meet the requirements for run-on or runoff controls established pursuant to subtitle D of the Solid Waste Disposal Act. Urbanized Area (UA): A Bureau of the Census determination of a central place (or places) and the adjacent densely settled surrounding territory that together have a minimum residential population of 50,000 people and a minimum average density of 1,000 people/square mile. This is a simplified definition of a UA; the full definition is very complex. Urban Growth Areas means those areas designated by a county pursuant to RCW 36.70A.I 10. Urban Runoff: Stormwater from urban areas, which tends to contain heavy concentrations of pollutants from urban activities. Watershed: That geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also known as drainage area, catchment, or river basin). Wet Weather Flows: Water entering storm drains during rainstorms/wet weather events. *The following references were used in these sections: • Stormwater Phase II Compliance Assistance Guide; United States Environmental Protection Agency, Office of Water; March 2000;Publication#EPA 833-R-00-002. • 40 Code of Federal Regulations,part 122.22, (3);United States Environmental Protection Agency. • Stormwater Management Manual for Western Washington; Washington State Department of Ecology; August 2001; Publication# 99-11 through 99-13. • Low Impact Development in Puget Sound; Innovative Stormwater Management Practices, a conference sponsored by the Puget Sound Water Quality Action Team and King County Department of Natural Resources through a Water Works Grant. • Low Impact Development Design Strategies, An Integrated Design Approach; Prince Georges County,Maryland, Department of Environmental Resources; June 1999. 10/15/02 Please submit before March 10,2003 Page 20 of 20 . ,,,d h,/P VS — in k,v arm — to 8� National Pollutant Discharge K The Application Elimination System (NPDES) Phase II Stormwater Permit • Collaborative effort between Application Ecology, AWC stormwater managers, and the APWA Phase II Municipal Separate Deadline for submission—March Storm Sewer Systems (MS4s) a.. 10, 2003 win • Objective to provide a compliance pathway The Application What's in the application? m Objectives • Part I General Information 1. Provide a compliance pathway • Part II Proposed Stormwater �: . 2. Meets the requirements of the federal Management Program regulation(40 CFR 122.26) • Part III Recordkeeping and 3. Able to be filled out easily,one Reporting package—no attachments,except m13. Part IV Certification-Signatory 4. Provide an accurate sumof = Authority a stormwater managemen�and als. ; Minimum Control Measures ' Information requested 40 CFR 122.34 ar • General Information—maps I. Public Education and Outreach on Stormwater Impacts • What you are doing now to mm, Public Involvement/Participation manage stormwater. - . Illicit Discharge Detection and Elimination • Measurable goals and , a. Construction Site Runoff Control benchmarks for each of the six 5. Post-Construction Stormwater Management in minimum measures _ New Development and Redevelopment ,. 6. Pollution Prevention/Good Housekeeping for ,� Municipal Operations Minimum Control Measure _ ° - Frequently Asked Requirements Questions Identify control measure _ _ .. Part I Q 3. • Describe Best Management Operator Type Practices(BMPs) • For each BMP - Other refers to any special district that operates a separate N,; Description - Measurable coal stormwater system—e.g. port, - Milestones irrigation district, etc. -a,.— -Who is responsible.if another entity will perform specific BMPs 4at ,>e Frequently Asked Frequently Asked Questions Questions k_ Part I Q 4A. Part 1 Q 4B. ;I!VV Indian lands What is included in a treatment The application needs to identify system? areas that are in your A treatment facility includes any system used to remove pollutants jurisdiction, but which are funded providing improvement of water and operated by another entity quality such as oil/water separators, (i.e.not your responsibility) _ vortex separators, filter vaults, etc. Frequently Asked Frequently Asked Questions z - Questions What is meant by Washington State Part I Q 5 Department of Transportation"facility"? • Maps (part 1,4b) Maps are recommended at a scale WSDOT stormwater facilities that are ��� Identify .4 R Of 1" equals 1000' Or 2000'. interconnected to your system.If WSDOT has a facility within your jurisdictional boundaries Maps can be folded to 8.5 X 11" or which is interconnected to your stormwater system,please identify the location and type of facility. Stormwater facilities include ditches,detention ponds,treatment swales. etc. �� �� 2 Frequently Asked Frequently Asked Questions Questions ._.................................. • When will the permit be available and do we have to apply by What do you mean by a"minimum measure objective". March 2003? � Ecology recommends that cities and pp" As an example, for the minimum measure counties identified as Phase II jurisdictions submit an application by , "Public education and Outreach on March 10,2003. Ecology is not stormwater impacts" 7 anticipating having the permit drafted until Fall 2003. r . Public education and Outreach on stormwater impacts Questions? ,a Example Objectives: fir, Lauren Driscoll (360) 407-6467 1)to raise awareness of email: Idri461 @ecy.wa.gov stormwater issues _ Janice Sedlak (360) 407-6470 2) encourage positive behaviors email: 'sed461 @ecy.wa.gov and actions y ov g 3) Build knowledge and skills -�,— among the public -- �nv VJ 5Q � u A" �( u NPDES Phase II Stormwater Regional Meetings Pagel of 3 R*S �-Le al.Resources • �-w............... eResearch Toails cts 6ervies. ew ite�nde Public Works Tools & Resources > Subjects > Public Works > NPDES Phase II Stormwater Regional Meetings ►APWA - Washington State Chapter Printer Friendly ►APWA AutoCAD Symbol Library: Instructions Countdown to NPDES Phase II Autocad Release 12 Autocad Release 14 Stormwater Regional Meetings ► Links to Other Public Works Sites ► New MRSC Library Acquisitions Sponsored by: ►Selected MRSC Library Holdings: Association of Washington Cities (AWC) Traffic Calming Washington State Association of Counties (WSAC) Transit-Oriented Development Municipal Research and Services Center Transportation Planning Funding by: MRSC Tools & Resources Washington State Department of Ecology ►Library Index to Ordinances, Articles and Contracts The Association of Washington Cities (AWC) and the Washington State Association of ►Library Loan Request Form Counties (WSAC), in cooperation with the Department of Ecology (Ecology) will be ►MRSC Publications List providing workshops in six different locations around the state in December, to ►Research Request jurisdictions potentially impacted by the NPDES Phase II Municipal Stormwater Permit ►Sample Local Government Docs requirements. MRSC has an extensive Web site on stormwater management in general and on NPDES requirements in particular at: http://www.mrsc.org/Subiects/Environment/water/SW-main.aspx The goal of the workshops is to introduce a Model Permit Application developed by Ecology and the American Public Works Association (APWA) members as a way to meet the March 10, 2003 deadline imposed by the EPA. Participants will also benefit by hearing about programs and methods that have been developed by neighboring jurisdictions to meet the NPDES Phase II requirements. A Department of Ecology representative will be available to provide information about why different jurisdictions were chosen to comply with the requirements and an attorney will present arguments regarding liability issues. Specific liability issue questions include: 1. If a jurisdiction submits a Phase II NPDES permit application to Ecology by March 10, 2003 but Ecology has not complied with the federal requirements, will the jurisdiction be protected from liability if there is a third party lawsuit? 2. If a jurisdiction designated as needing a Phase II NPDES permit does not submit a permit application by March 10, 2003, what are the legal implications? 3. What steps should cities and counties take to protect themselves against liability in regards to stormwater issues? • Workshop calendar • Tentative workshop agendas http://www.mrsc.org/Subjects/Pubworks/npdes/countdown.aspx 12/2/02 NPDES Phase II Stormwater Regional Meetings Page 2 of 3 Links to Additional Information • Storm Water Phase II Final Rule Small MS4 Storm Water Program Overview M41 KB), EPA Fact Sheet 2.0 • Storm Water Phase II Final Rule Who is Covered? Designation and Waivers of Regulated Small MS4s (ID50 KB), EPA Fact Sheet 2.1 • Storm Water Phase II Final Rule Urbanized Area Definition and Description (M67 KB), EPA Fact Sheet 2.2 • NPDES Phase II Stormwater Permit, Department of Ecology • NPDES Phase II Permit Process Summary, prepared by Lynn Kohn Consulting • Resources Available for NPDES Phase II Permit Process, prepared by Lynn Kohn • Status of Washington Cities and Counties (T140 KB) with regard to the 6 minimum guidelines set forth by the EPA to meet NPDES Phase II requirements • Local Governments and Stormwater Control: An Informational Brochure (T144 KB) Local Stormwater Management Programs (Management and Maintenance) • Model Ordinances Stormwater Control and Maintenance, EPA Office of Water • Bellingham Municipal Code Chapter 15.42 Stormwater Management • Bothell Municipal Code, Chapter 18.04 Storm Water and Drainage Control Code • Clark County Clean Water Program • Clark County Code, Chapter 13.25A Storm Water Control Ordinance (1999) • Federal Way Municipal Code Chapter 21 Surface and Stormwater Management • Issaquah Municipal Code, Chapter 13.28 Surface water Runoff Policy • Kelso Ordinance 99-3421 (M 134kb) adopts Longview Stormwater Runoff and Erosion Controls by reference • Kirkland Municipal Code, Chapter 15.52 Storm and Surface Water Management • Kitsap County Storm Water Management Ordinance No. 199-1996 (download zip file), Amended July 1997 • Longview Ordinance No. 2726 • Newcastle Stormwater Facilities Maintenance Program, Part 4 of Storm and Surface Water Comprehensive Plan • Newcastle Stormwater Facilities Management Code and Polii, Part 5 of Storm and Surface Water Comprehensive Plan (begins on Page 11) • Seattle Surface Water Quality Local Regulations • Thurston County Code Chapter 15.05 Stormwater Standards • Tukwila Gilliam Creek Basin Stormwater Plan (112.59 MB) Top of Page I Previous Page I About MRSC I Site Index I Contact Us I Home http://www.mrsc.org/Subjects/Pubworks/npdes/countdown.aspx 12/2/02 Stormwater I The Journal for Surface Water Quality Professionals Page 1 of 1 About Welcome To 'Substrihe Mews calendar The,Journal for 5urfase water quality Profssslanals GlossarySt:TO Talk images er Contact Us Advertise Search Welcome to the web site for Stormwater,the Journal for Surface Water Quality Professionals. If you're looking for information on NPDES Phase Register II compliance,TMDL's, or any other many issues related to surface Services water quality, look no further! Published 7 times each year, Stormwater reaches over 21,000 subscribers. Sit back, click around and read the current or past issues, and enjoy.We're adding content daily,so come back often. current Issue I 'w' I, iF a�•.'' a+r ''F, y .�,�2 'fir `�` �1 search the About Subscribe -4- Current Issue + flews + Calendar+ Glossary BUYERS GUIDE Talk + Images j• Advertise .;- Contact Us + Search + Register+ Services Get Listed to our BUYERS GUIDE Erosion Control Magazine I MSW Management Magazine FREE Grading & Excavation Contractor I ForesterPress 1 StormCon € Forester Communications Don`t Miss... stfJrr 1ccy? 2003 bfu+�y books@ ©2000-2002 Forester Communications.Inc. Msteipmss http://www.forester.net/sw.html 11/30/02 i National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Permit Application Phase II Municipal Separate Storm Sewer Systems (MS4s) WA SH I N G ION STATE OEPAHTME NT OF ECOLOGY The purpose of this application is for local governments or special districts to apply for a National Pollutant Discharge Elimination System (NPDES)permit to discharge stormwater runoff from a Phase II municipal separate storm sewer system(MS4s). The Department of Ecology may request additional information and a notice of intent at a later date, upon development of a general permit. MS4s seeking coverage must complete this application, based on existing information, and return it to the Department of Ecology before March 10, 2003. You may print this form and complete it by hand, or download it from our website at: www.ecy.wa.gov/prog-rams/wq/stormwater/index.html. An authorized signature is needed to complete the application. All information should be included on this form. Supporting documents should be referenced in the text only. No attachments are necessary, other than those that may be required under the Map Requirements. Mail completed application to: Department of Ecology Water Quality Program PO Bog 47600 Olympia,WA 98504-7600 Ecology will send you an acknowledgment of receipt. If you have questions about this application, please contact Janice Sedlak at (360) 407-6470 or email her at jsed461(a),ecy wa. ov. Part I. General Information F 1 1VIS4.Operatar °: Name of city,county,special district,or other public entity: Street Address: City, State,Zip: Ownership status: ❑ Federal ❑ State ❑Private ❑ Public ❑ Other Entity 2 Local staff,cbntact(person responsible for program implementatton and eoortLnation Name: Phone.. Titles E=mail: Does your MS4 presently have a web site? (If yes,list address_) ❑Yes/❑No If so,are your ordinances available on your website ❑Yes/❑No If not,where are your ordinances available? 10/15/02 Please submit before March 10,2003 Page 1 of 20 3 Operator Type , ❑ City ❑ Town ❑ Drainage District ❑ County ❑ Flood Control District ❑ Other(list): 4 ; Description of Storm Sewer.System A. Area of land served by your MS4(in square miles): If city,town,or special district give: If county give: Area within current corporate boundaries Area in square miles Additional area of urban growth area(UGA) Area that is urbanized Area that is urbanized(2000 Census) For all MS4s,give 2000 Census population for area served Area located on Indian lands(if any) B. Storm Drainage Infrastructure: Please provide estimates,using the most accurate information available at this time,for the following storm drainage infrastructure features owned or operated by the MS4. Conveyance system: Flow Control system: Open ditches(miles or feet) Detention facilities(estimate number operated by MS4) Regional Storm sewers(miles or feet) Retention facilities(estimate number operated by MS4) Facilities: Outfalls(estimate number) Catch basins(estimate number) Treatment system: Treatment facilities(estimate number operated by MS4) 5 Map Requirements:` .. Include a map or maps that identifies: • City,county,or district service area boundaries • State or Federal vocational/technical/college/university campuses and military institutions • Urban area(as defined by the 2000 Census) • GMA urban growth area(UGA),even if partially in an Urban Area • Municipal/county wastewater treatment plants,outfalls,uncontrolled sanitary landfills,vehicle fleet maintenance centers,power plants,airports,and other municipally owned or operated industrial activities • Arterial city or county roads,(additional roads if needed),drainage basins,and receiving waters Please assure that information is clearly readable. Submit GIS maps if available,and only in.pdf format on a CD- ROM. Multiple maps must be of the same scale. 1:1000 or 1:2000 scales are recommended. Submit paper maps folded to 8.5 x I L" 10/15/02 Please submit before March 10,2003 Page 2 of 20 f 5 L�st'ali named receiving waters w�thm yoiulunsdichon and'14 mile dowustream,andindicate those ident�f'ied as zmpaired pursuant to Clean Water Act Section 303{d),and those with an ex�sring T oad(TMDL) This nformahori is available at www:ecywagovlprot ams/wp"/liriksfimlpa�red WRIA Water Body Name Impaired? Parameters TMDL' and ew ID#if av N ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No Please list any water bodies for..which a TMDL pollnton prevention.`plan,R ater quality mnnztoring program,or either relevant m progra is fin, lace or u deYelopment. „M „i Does your MS4 hate public infiltration facilities{infiltration basins or,, V .drells)� El Yes/❑No y vy If yes,estimate the percentage of the jurisdiction that discharges to these facilities. $ Is your MS4 interconnected to a Washington State Dept of Transportation#acihty? ❑Yes/❑No W If yes,please identify 9 Is your MS4 interconnected,or eo you ischarge to another lurisdictionry If yes,fdentify El Yes/El No `:below Jurisdiction Name Contact Ultimate receiving water 10/15/02 Please submit before March 10,2003 Page 3 of 20 Part II. Your Proposed Stormwater Management Program This application requires you to identify Best Management Practices (BMPs)currently performed by your MS4,and provide information on your planned stormwater management program and proposed BMPs. The following six sections correspond to the six minimum control measures for a Phase II stormwater quality management program. Minimum Control Measures The National Pollutant Discharge Elimination System (NPDES) Phase Il Rule defines a stormwater management program composed of six minimum control measures that, when implemented together, are expected to reduce pollutants discharged into receiving water bodies to the Maximum Extent Practicable (MEP). The six control measures include: 1. Public Education and Outreach on Stormwater Impacts 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post-Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations Each minimum control measure requires the selection and implementation of BMPs that comprehensively address the specific stormwater issues in your area. The minimum requirements are provided in Appendix I as the minimum level necessary to comply with 40 CFR 122.34. Regulatory guidance from 40 CFR 122.34 is also provided for each minimum control measure. Additional guidance on selecting BMPs and developing measurable goals can be found at the following EPA website: www.epa.gov/npdes/stormwater/measurablegoals/index.htm. Instructions: For each minimum control measure, state your control objective and describe BMPs selected for implementation in your jurisdiction. For each BMP, include a brief description, measurable goal, and milestones as appropriate towards achieving that goal. Indicate if the BMP is part of an existing program, and if another entity will share responsibility for implementing the BMP. In cases where another entity will perform one or more BMPs or components thereof on behalf of the permittee, specifically describe the activities each entity will conduct, and include reference to legal agreement where appropriate. List as many BMPs as necessary to fulfill the requirements of 40 CFR 122.34 as referenced in Appendix I. If you have more than 2 BMPs for a control measure, copy/paste additional tables as necessary. 10/15/02 Please submit before March 10,2003 Page 4 of 20 1. Public Education and Outreach on Storm Water Impacts Does your M9; presently perform public education and©utreaeh activities on stormwa#er ❑Yes/❑No im acW. . Minimum Measure Objective 1: BMP 1(a): Is this part of an existing ❑Yes/❑ Is another entity Involved in BMP ❑Yes/❑ No imp,eirnen . No Measurable Goal: Milestones: BMP 1(b): Is this part of an existing ❑Yes/❑ Is another entity involved in BMP ❑Yes/❑ ro m' No imp,le»tentation?,• • No Measurable Goal: Milestones: 2. Public Involvement/Participation Does your MS4 presen#ly provide opportunity for the public to be involved or participate in the ❑Yes/❑No leV€lo"ment,;o im lementation of a stormwater maiia ement" ro "ram? -.L•• ! Minimum Measure Objective 2: BMP 2(a): Is this part of an existing ❑Yes/0 Is another entity involved Ili BMP ❑Yes/❑ r ram? .M No ;"Im lementatian?. > No Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 5 of 20 BMP 2(b): Is this part of an existing ❑Yes/❑M�isanot)ier entltinvoivedn BMP ❑Yes/❑No n lementatton�: NO Measurable Goal: Milestones: 3. Illicit Discharge Detection and Elimination Does your MS4 presently have a program for the detection:and eluninahon of�IIic�t discharges ❑Yes/❑No to the storm sewers � , Does your MS4;presently have an ordinance in place that enables you to prevent and eim�na#e ❑Yes/❑No illicit dischar es to the.storm;sewer?;€ = z Minimum Measure Objective 3: BMP 3(a): is this art of an extshu ❑Yes/ P g ❑ Is another:entity involved in BMP ❑Yes/❑ r: raw No tin'lementation? No Measurable Goal: Milestones: BMP 3(b): is#his part of an existing ❑Yes/❑ Is another:entity uvolyeii ui BMP ❑Yes/❑ r rai21 No im lenientation' No Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 6 of 20 4. Construction Site Run-off Control In the following spaces, ndica#e�f your�VIS4 presen#ly performs these activities related tvy eflnstructon site rurioff+control: Activities: Existing? Construction site plan review ❑Yes/❑No Responding to public input and complaints ❑Yes/❑No Enforcement and inspection procedures ❑Yes/❑No Training and education ❑Yes/❑No Does your MS4 presently have an ordinance addressing construction site run-off control? ❑Yes/❑No If yes,code number- Minimum Measure Objective 4: BMP 4(a): Is this part ofan existing ❑Yes/❑ Is another entity involved in BMP ❑Yes/❑ r ram�x No 'in lemeintation? No Measurable Goal: Milestones: BMP 4(b): Is this part of an ex�sfmg ❑Yes/❑ Is another entity involved in BMP ❑Yes/❑ r ramp No Zm lementation? No Measurable ` Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 7 of 20 5. Post-Construction Stormwater Management in New Development and Redevelopment Please answer the foUowtng gnesttons regarding post-constructton stormwafer management w new developmeut and .: redevelopment. ;' , Does your MS4 presently have a development permit process in place? ❑Yes/❑No Does your MS4 presently have a stormwater management technical manual? ❑Yes/❑No If yes,has the MS4 adopted the Ecology 2001 Stormwater manual,or an equivalent manual? ❑Yes/❑No If no,what manual is currently adopted/used?Please list- Does your MS4 presently have a plan review process for new development and redevelopment? ❑Yes/❑No Does your MS4 presently inspect new stormwater facilities? ❑Yes/❑No Does your MS4 presently inspect existing stormwater facilities? ❑Yes/❑No Does your MS4 presently have a stormwater ordinance addressing post construction stormwater controls? ❑Yes/❑No If yes,code number- Does your MS4 presently promote and/or provide incentives for Low Impact Development? ❑Yes/❑No Minimum Measure Objective 5: BMP 5(a): Is this part of an existing> El Yes/❑ is another erihty involved to BMP' ❑Yes/El r.. ramh.' NO im lementation'� No Measurable Goal: Milestones: BMP 5(b): Is this part of an"existing ❑Yes/❑ Is another entity involved�n BMP' ❑Yes El r ram? .. . No i lemeiztation? No Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 8 of 20 6. Pollution Prevention/Good Housekeeping for Municipal Operations hoes your MS4;presentiy have a program in place to promote pollutton prevention and good ❑Yes I❑No house40e in for:muhf al opera ion w List municipally owned or operated facilities'thatvould reasonably be expected to discharge cuntamilated,ri►noff and are not covered:under a NPDES permit far example vehicle maintenance garages,waste transfer,operations,golf , courses;sal#or other materials s#orage,or open Iandfills Also,indicate if there rs a docimen#ed pollution prevention plan iri:place •. . : Facility or type of facilities/operation: Pollution Prevention Plan? ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No ❑Yes/❑No Minimum Measure Objective 6: BMP 6(a): Is this part.of an existing El es/❑ Is another.entity involved in BMP ❑Yes/❑ ro ram? NO >ilti lementation?; No Measurable Goal: Milestones: BMP 6(b): Is this part of an existing ❑Yes/❑ Is another.entity involved in BMP ❑Yes/❑ program NO Till lementation�-';; No Measurable Goal: Milestones: 10/15/02 Please submit before March 10,2003 Page 9 of 20 Part III. Recordkeeping and Reporting The permittee will comply with recordkeeping and reporting requirements per 40 CFR 122.34(g) Recordkeeping-40 CFR 122.34(g)(2) You must keep records required by the NPDES permit for at least three years. You must submit your records to the NPDES permitting authority only when specifically asked to do so. You must make your records, including a description of your stormwater management program, available to the public at reasonable times during regular business hours (see 122.7 for confidentiality provision). (You may assess a reasonable charge for copying. You may require a member of the public to provide advance notice.) Reporting-40 CFR 122.34(g)(3) Unless you are relying on another entity to satisfy your NPDES permit obligations under 122.35(a),you must submit annual reports in year two and four unless the NPDES permitting authority requires more frequent reports. Your report must include: (i) The status of compliance with permit conditions, an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goals for each of the minimum control measures; (ii) Results of information collected and analyzed, including monitoring data, if any, during the reporting period; (iii) A summary of the stormwater activities you plan to undertake during the next reporting cycle; (iv) A change in any identified best management practices or measurable goals for any of the minimum control measures; and (v) Notice that you are relying on another governmental entity to satisfy some of your permit obligations (if applicable). Part IV. Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Authorized Representative Name: Title: Signature: Date: 10/15/02 Please submit before March 10,2003 Page 10 of 20 APPENDIX I. Minimum Control Measure Requirements (source: 40 CFR 122.34(b)) 1. Public Education & Outreach on Stormwater Impacts Minimum Requirements—40 CFR 122.34(b)(1)(i) You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. Regulatory Guidance— 40 CFR 122.34(b)(1)(ii) You may use stormwater educational materials provided by your state; tribe; EPA; environmental, public interest, or trade organizations; or other MS4s. The public education program should inform individuals and households about the steps they can take to reduce stormwater pollution, such as ensuring proper septic system maintenance, ensuring the proper use and disposal of landscape and garden chemicals including fertilizers and pesticides, protecting and restoring riparian vegetation, and properly disposing of used motor oil and household hazardous wastes. EPA recommends that the program inform individuals and groups how to become involved in local stream and beach restoration activities, as well as activities that are coordinated by youth service and conservation corps or other citizen groups. EPA recommends that the public education program be tailored, using a mix of locally appropriate strategies, to target specific audiences and communities. Examples of strategies include distributing brochures or fact sheets, sponsoring speaking engagements before community groups, providing public service announcements, implementing educational programs targeted at school age children, and conducting community-based projects such as storm drain stenciling and watershed and beach cleanups. In addition, EPA recommends that some of the materials or outreach programs be directed toward targeted groups of commercial, industrial, and institutional entities likely to have significant stormwater impacts. For example, providing information to restaurants on the impact of grease clogging storm drains, and to garages on the impact of oil discharges. You are encouraged to tailor your outreach program to address the viewpoints and concerns of all communities, particularly minority and disadvantaged communities, as well as any special concerns relating to children. 2. Public Involvement/Participation Minimum Requirements—40 CFR 122.34(b)(2)(i) You must, at a minimum, comply with state, tribal, and local public notice requirements when implementing a public involvement/participation program. Regulatory Guidance—40 CFR 122.34(b)(2)(ii) EPA recommends that the public be included in developing, implementing, and reviewing your stormwater management program, and that the public participation process should make efforts to reach out and engage all economic and ethnic groups. Opportunities for members of the public to participate in program development and implementation include serving as citizen representatives on a local stormwater management panel, attending public hearings, working as citizen volunteers to educate other individuals about the program, assisting in program coordination with other pre-existing programs, or participating in volunteer monitoring efforts. (Citizens should obtain approval where necessary for lawful access to monitoring sites.) 10/15/02 Please submit before March 10,2003 Page 11 of 20 3. Illicit Discharge Detection & Elimination Minimum Requirements—40 CFR 122.34(b)(3)(i) You must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined at Sec. 122.26(b)(2)) into your small MS4. (ii)You must: (A) Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; (B) To the extent allowable under State, Tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-stormwater discharges into your storm sewer system and implement appropriate enforcement procedures and actions; (C) Develop and implement a plan to detect and address non-stormwater discharges, including illegal dumping, to your system; and (D) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. (iii) You need address the following categories of non-stormwater discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water(discharges or flows from fire fighting activities are excluded from the effective prohibition against non-stormwater and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). Regulatory Guidance—40 CFR 122.34(b)(3)(iv) EPA recommends that the plan to detect and address illicit discharges include the following four components: procedures for locating priority areas likely to have illicit discharges; procedures for tracing the source of an illicit discharge; procedures for removing the source of the discharge; and procedures for program evaluation and assessment. EPA recommends visually screening outfalls during dry weather and conducting field tests of selected pollutants as part of the procedures for locating priority areas. Illicit discharge education actions may include storm drain stenciling; a program to promote, publicize, and facilitate public reporting of illicit connections or discharges; and distribution of outreach materials. 4. Construction Site Stormwater Runoff Control Minimum Requirements—40 CFR 122.34(b)(4)(i) You must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of stormwater discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. If the NPDES permitting authority waives requirements for stormwater discharges associated with small construction activity in accordance with Sec. 122.26(b)(15)(i), you are not required to develop, implement, and/or enforce a program to reduce pollutant discharges from such sites. 10/15/02 Please submit before March 10,2003 Page 12 of 20 (ii) Your program must include the development and implementation of, at a minimum: (A) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State, Tribal, or local law; (B)Requirements for construction site operators to implement appropriate erosion and sediment control (ESC)best management practices; (C)Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; (D)Procedures for site plan review which incorporate consideration of potential water quality impacts; (E)Procedures for receipt and consideration of information submitted by the public, and (F) Procedures for site inspection and enforcement of control measures. Regulatory Guidance—40 CFR 122.34(b)(4)(iii) Examples of sanctions to ensure compliance include non-monetary penalties, fines, bonding requirements, and/or permit denials for non-compliance. EPA recommends that procedures for site plan review include the review of individual pre-construction site plans to ensure consistency with local (ESC) requirements. Procedures for site inspections and enforcement of control measures could include steps to identify priority sites for inspection and enforcement based on the nature of the construction activity, topography, and the characteristics of soils and receiving water quality. You are encouraged to provide appropriate educational and training measures for construction site operators. You may wish to require a stormwater pollution prevention plan for construction sites within your jurisdiction that discharge into your system. See Sec. 122.44(s) (NPDES permitting authorities' option to incorporate qualifying State, Tribal and local erosion and sediment control programs into NPDES permits for stormwater discharges from construction sites). Also see Sec. 122.35(b) (The NPDES permitting authority may recognize that another government entity, including the permitting authority, may be responsible for implementing one or more of the minimum measures on your behalf). 5. Post-Construction Stormwater Management in New Development & Redevelopment Minimum Requirements—40 CFR 122.34(b)(5)(i) You must develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts. (ii) You must: (A) Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for your community; (B) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State, Tribal or local law; (C) Ensure adequate long-term operation and maintenance of BMPs. 10/15/02 Please submit before March 10,2003 Page 13 of 20 Regulatory Guidance— 40 CFR 122.34(b)(5)(iii) If water quality impacts are considered from the beginning stages of a project, new development and potentially redevelopment provide more opportunities for water quality protection. EPA recommends that the BMPs chosen: be appropriate for the local community; minimize water quality impacts; and attempt to maintain pre- development runoff conditions. In choosing appropriate BMPs, EPA encourages you to participate in locally- based watershed planning efforts which attempt to involve a diverse group of stakeholders including interested citizens. When developing a program that is consistent with this measure's intent, EPA recommends that you adopt a planning process that identifies the municipality's program goals (e.g., minimize water quality impacts resulting from post-construction runoff from new development and redevelopment), implementation strategies (e.g., adopt a combination of structural and/or non-structural BMPs), operation and maintenance policies and procedures, and enforcement procedures. In developing your program, you should consider assessing existing ordinances, policies, programs and studies that address stormwater runoff quality. In addition to assessing these existing documents and programs, you should provide opportunities to the public to participate in the development of the program. Non-structural BMPs are preventative actions that involve management and source controls such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure; education programs for developers and the public about project designs that minimize water quality impacts; and measures such as minimization of percent impervious area after development and minimization of directly connected impervious areas. Structural BMPs include: storage practices such as wet ponds and extended- detention outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches. EPA recommends that you ensure the appropriate implementation of the structural BMPs by considering some or all of the following: pre- construction review of BMP designs; inspections during construction to verify BMPs are built as designed; post-construction inspection and maintenance of BMPs; and penalty provisions for the noncompliance with design, construction or operation and maintenance. Stormwater technologies are constantly being improved, and EPA recommends that your requirements be responsive to these changes, developments or improvements in control technologies. 6. Pollution Prevention/Good Housekeeping for Municipal Operations Minimum Requirements—40 CFR 122.34(b)(6)(i) You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your state, Tribe, or other organizations, your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. 10/15/02 Please submit before March 10,2003 Page 14 of 20 Regulatory Guidance—40 CFR 122.34(b)(6)(ii) EPA recommends that, at a minimum, you consider the following in developing your program: maintenance activities, maintenance schedules, and long-term inspection procedures for structural and nonstructural stormwater controls to reduce floatables and other pollutants discharged from your separate storm sewers; controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal areas operated by you, and waste transfer stations; procedures for properly disposing of waste removed from the separate storm sewers and areas listed above (such as dredge spoil, accumulated sediments, floatables, and other debris); and ways to ensure that new flood management projects assess the impacts on water quality and examine existing projects for incorporating additional water quality protection devices or practices. Operation and maintenance should be an integral component of all stormwater management programs. This measure is intended to improve the efficiency of these programs and require new programs where necessary. Properly developed and implemented operation and maintenance programs reduce the risk of water quality problems. 10/15/02 Please submit before March 10,2003 Page 15 of 20 APPENDIX II. ABBREVIATIONS*: BAT Best Available Technology Economically FR Federal Register Achievable (applies to non-conventional and toxic MEP Maximum Extent Practicable pollutants) BCT Best Conventional Pollutant Control MS4 Municipal Separate Storm Sewer System Technology (applies to conventional pollutants) MSGP Multi Sector General Permit BMP Best Management Practice NOI Notice of Intent BPJ Best Professional Judgment NOT Notice of Termination BPT Best Practicable Control Technology NOV Notice of Violation Currently Available (generally applies to NPDES National Pollutant Discharge Elimination conventional pollutants and some metals) System CFR Code of Federal Regulations NPS Non-point Source CGP Construction General Permit O&M Operation and Maintenance COD Chemical Oxygen Demand OW Office of Water CSO Combined Sewer Overflow OWM Office of Wastewater Management CWA Clean Water Act(formerly referred to as the PA Permitting Authority Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) POTW Publicly Owned Treatment Works CZARA Coastal Zone Act Reauthorization SIC Standard Industrial Classification Amendments SWPPP Stormwater Pollution Prevention Plan DO Dissolved Oxygen TMDL Total Maximum Daily Load DMR Discharge Monitoring Report TSS Total Suspended Solids ELG Effluent Limitations Guidelines UA Urbanized Area EPA Environmental Protection Agency DEFINITIONS*: Authorized Representative: For a municipality, State, Federal, or other public agency: (a) By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal Agency includes (i) the chief executive officer of the Agency, or(ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the Agency (e.g., Regional Administrators of EPA). (b)All reports required by permits, and or other information requested by the Director shall be signed by a person described in paragraph (a) of this section, or by a duly authorized representative of that person. Best Available Treatment(BAT)/Best Control Technology (BCT): A level of technology based on the very best (state of the art) control and treatment measures that have been developed or are capable of being developed and that are economically achievable within the appropriate industrial category. 10/15/02 Please submit before March 10,2003 Page 16 of 20 Best Management Practices (BMPs): Activities or structural improvements that help reduce the quantity and improve the quality of stormwater runoff. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Category (xi) facilities: Specific facilities classified as light industry with equipment or materials exposed to stormwater. Clean Water Act (Water Quality Act): (formerly the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972). Public law 92-500; 33 U.S.C. 1251 et seq.; legislation which provides statutory authority for the NPDES program. Also know as the Federal Water Pollution Control Act. Conveyance: The process of water moving from one place to another. Detention Facility: An above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. Discharge: The volume of water (and suspended sediment if surface water) that passes a given location within a given period of time. Erosion: When land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment)becomes a pollutant via stormwater runoff. Erosion occurs naturally but can be intensified by land clearing activities such as farming, development, road-building, and timber harvesting. Excavation: The process of removing earth, stone, or other materials from land. General Permit: A permit issued under the NPDES program to cover a certain class or category of stormwater discharges. These permits reduce the administrative burden of permitting stormwater discharges. Grading: The cutting and/or filling of the land surface to a desired slope or elevation. Illicit Connection: Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater and is not authorized by an NPDES permit, with some exceptions (e.g., discharges due to fire fighting activities). Interconnected: See Physically Interconnected Industrial Activity: Any activity which is directly related to manufacturing,processing or raw materials storage areas at an industrial plant. Large Municipal Separate Storm Sewer System (MS4): An MS4 located in an incorporated place or county with a population of 250,000 or more, as determined by Light Manufacturing Facilities: Described under Category (xi) of the definition of"stormwater discharges associated with industrial activity" [CFR 122 26(b)(14)(i-ix and xi)]. Under the Phase I NPDES Stormwater Program, these facilities were eligible for exemption from stormwater permitting requirements if certain areas and activities were not exposed to stormwater. As a result of the Phase II Final Rule, these facilities must now certify to a condition of no exposure. Low Impact Development: The integration of site ecological and environmental goal and requirements into all phases of urban planning and design from the individual residential lot level to the entire watershed. Hydrologic functions of storage, infiltration, and ground water recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro-scale stormwater retention and detention areas,reduction of impervious surfaces, and the lengthening of flow paths and runoff time. Other strategies include the preservation/protection of environmentally sensitive site features such as riparian buffers, wetlands, steep slopes, valuable (mature) trees, flood plains, woodland and highly permeable soils. 10/15/02 Please submit before March 10,2003 Page 17 of 20 Maximum Extent Practicable (MEP): A standard for water quality that applies to all MS4 operators regulated under the NPDES Stormwater Program. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop and implement their programs. Medium Municipal Separate Storm Sewer System (MS4): MS4 located in an incorporated place or county with a population of 100,000 or more but less than 250,000, as determined by the latest U.S. Census. Municipal Separate Storm Sewer System (MS4):.A publicly -owned conveyance or system of conveyances that discharges to waters of the U.S. and is designed or used for collecting or conveying stormwater, is not a combined sewer, and is not part of a publicly-owned treatment works (POTW). Multi-Sector General Permit(MSGP): An NPDES permit that regulates stormwater discharges from eleven categories of industrial activities. New Development: Land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. No exposure: All industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products,by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. Non-authorized States: any State that does not have the authority to regulate the NPDES Stormwater Program. Non-point Source (NPS) Pollutants: Pollutants from many diffuse sources. NPS pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and even our underground sources of drinking water. Notice of Intent (NOI): An application to notify the permitting authority of a facility's intention to be covered by a general permit; exempts a facility from having to submit an individual or group application. NPDES: "National Pollutant Discharge Elimination System" the name of the surface water quality program authorized by Congress as part of the 1987 Clean Water Act. This is EPA program to control the discharge of pollutants to waters of the United States (see 40 CFR 122.2). O&M Expenditures: The operating and maintenance costs associated with the continual workings of a project. Outfall: The point where wastewater or drainage discharges from a sewer pipe, ditch, or other conveyance to a receiving body of water. Permitting Authority (PA): The NPDES-authorized state agency or EPA regional office that administers the NPDES Stormwater Program. PAs issue permits,provide compliance assistance, and inspect and enforce the program. Physically interconnected MS4: This means that one MS4 is connected to a second MS4 in such a way that it allows for direct discharges into the second system. Point Source Pollutant: Pollutants from a single, identifiable source such as a factory or refinery. Pollutant Loading: The total quantity of pollutants in stormwater runoff. 10/15/02 Please submit before March 10,2003 Page 18 of 20 Qualifying local program: A local, State or Tribal municipal stormwater management program that imposes, at a minimum, the relevant requirements of one or more of the minimum control measures includes in 122.34(b). Redevelopment: On a site that is already substantially developed (i.e., has more than 35% or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities. Regional: An action (here, for stormwater management purposes)that involves more than one discrete property. Regional Detention Facility: A stormwater quantity control structure designed to correct the existing surface water runoff problems of a basin or subbasin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is sited to detain stormwater runoff from a number of new developments or areas within a catchment Regulated MS4: Any MS4 covered by the NPDES Stormwater Program (regulated small, medium, or large MS4s). Retention: The process of collecting and holding surface and stormwater runoff with no surface outflow. Retention/detention facility (R/D): A type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation,plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a sort period of time and then release it to the surface and stormwater management system. Retrofit: The modification of stormwater management systems through the construction and/or enhancement of wet ponds, wetland plantings, or other BMPs designed to improve water quality Runoff: Drainage or flood discharge that leaves an area as surface flow or as pipeline flow. Has reached a channel or pipeline by either surface or sub-surface routes. Sanitary Sewer: A system of underground pipes that carries sanitary waste or process wastewater to a treatment plant. Sediment: Soil, sand, and minerals washed from land into water, usually after rain. Sediment can destroy fish- nesting areas, clog animal habitats, and cloud waters so that sunlight does not reach aquatic plants. Sheet flow: The portion of precipitation that moves initially as overland flow in very shallow depths before eventually reaching a stream channel. Site Plan: A graphical representation of a layout of buildings and facilities on a parcel of land. Site Runoff: Any drainage or flood discharge that is released from a specified area. Small Municipal Separate Storm Sewer System (MS4): Any MS4 that is not regulated under Phase I of the NIPDES Stormwater Program and Federally-owned MS4s. Stakeholder: An entity that holds a special interest in an issue or program-- such as the stormwater program - since it is or may be affected by it. Standard Industrial Classification (SIC) Code: A four digit number which is used to identify various types of industries. Storm Drain: A slotted opening leading to an underground pipe or an open ditch for carrying surface runoff. 10/15/02 Please submit before March 10,2003 Page 19 of 20 Stormwater: Precipitation that accumulates in natural.and/or constructed storage and stormwater systems during and immediately following a storm event. Stormwater Management: Functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control, and/or convey stormwater. Stormwater Pollution Prevention Plan (SWPPP): A plan to describe a process whereby a facility thoroughly evaluates potential pollutant sources at a site and selects and implements appropriate measures designed to prevent or control the discharge of pollutants in stormwater runoff. Surface Water: Water that remains on the surface of the ground, including rivers, lakes,reservoirs, streams, wetlands, impoundments, seas, estuaries, etc. Total Maximum Daily Load (TMDL): The maximum amount of pollutants which can released into a water body without adversely affecting the water quality. Tool Box: A term to describe the activities and materials that EPA plans to perform/produce to facilitate implementation of the stormwater program in an effective and cost-efficient manner. The eight components include: 1) fact sheets; 2) guidance documents; 3) menu of BMPs; 4) compliance assistance; 5) information clearing house; 6) training and outreach efforts; 7) technical research; and 8) support for demonstration projects. Treatment BMP: A BMP that is intended to remove pollutants form stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales, and constructed wetlands. Uncontrolled Sanitary Landfill: a landfill or open dump, whether in operation or closed, that does not meet the requirements for run-on or runoff controls established pursuant to subtitle D of the Solid Waste Disposal Act. Urbanized Area (UA): A Bureau of the Census determination of a central place (or places) and the adjacent densely settled surrounding territory that together have a minimum residential population of 50,000 people and a minimum average density of 1,000 people/square mile. This is a simplified definition of a UA; the full definition is very complex. Urban Growth Areas means those areas designated by a county pursuant to RCW 36.70A.110. Urban Runoff: Stormwater from urban areas, which tends to contain heavy concentrations of pollutants from urban activities. Watershed: That geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also known as drainage area, catchment, or river basin). Wet Weather Flows: Water entering storm drains during rainstorms/wet weather events. *The following references were used in these sections: • Stormwater Phase II Compliance Assistance Guide; United States Environmental Protection Agency,Office of Water; March 2000; Publication#EPA 833-R-00-002. • 40 Code of Federal Regulations,part 122.22, (3);United States Environmental Protection Agency. • Stormwater Management Manual for Western Washington; Washington State Department of Ecology; August 2001; Publication#99-11 through 99-13. • Low Impact Development in Puget Sound; Innovative Stormwater Management Practices, a conference sponsored by the Puget Sound Water Quality Action Team and King County Department of Natural Resources through a Water Works Grant. • Low Impact Development Design Strategies, An Integrated Design Approach; Prince Georges County, Maryland, Department of Environmental Resources; June 1999. 10/15/02 Please submit before March 10,2003 Page 20 of 20