1. MWCOG Water Resource Workshop “Preparing for Regulatory Change” February 20, 2004 Track 2: Panel #4 - Storm Water MS4 Regulation Paula Estornell, USEPA, Region III

2. 2 Storm Water Program Regulatory History Clean Water Act (CWA) establish the National Pollutant Discharge Elimination System (NPDES) wastewater permitting program CWA Amendments newly regulate, in two phases, certain classes of storm water discharges under the NPDES program Phase I Storm Water Rule Phase II Storm Water Rule 1972 1987 1990December 1999

3. 3 NPDES Statutory Framework n All point sources n Discharging pollutants n Into waters of the U.S. Must obtain an NPDES permit from EPA or an authorized State

4. 4 Point Source vs. Nonpoint Source POINT Source n Discharge of wastewater/ washwater/storm water from a discrete point into Waters of the U.S. n Requires NPDES Permit NONPOINT Source n Any runoff that is not a point source n A largely voluntary program at the Federal level

5. 5 What Does Phase I Cover? n Storm Water Discharges Associated with Industrial Activity  Eleven categories of industrial activity  Includes construction activity n Medium and Large Municipal Separate Storm Sewer Systems (MS4s)  Located in areas with populations over 100,000

6. 6 What Does Phase II Change/Cover? n Regulates storm water discharges from the following sources:  Small construction activity  Small municipal separate storm sewer systems (MS4s)

7. 7 MS4 A municipal separate storm sewer system (MS4) is a conveyance or system of conveyances owned by a public entity that discharges to waters of the U.S. (40 CFR 122.26(b)(8)) pipes, roads, gutters, ditches, catch basin

8. 8 Anticipated Regulatory Changes n Clarification of Existing Regulations  MS4 Permits adhere to TMDL n Court Rulings - may change regulations  9 th Circuit Ruling and General Permits n Litigation –regulations outcome unknown  Oil and Gas Construction permits n Regulation Evaluation 2012

9. 9 Clarification of Existing Regulations MS4 Permits adhere to TMDL n NPDES permit conditions must be consistent with the assumptions and requirements of available WLAs (40 CFR 122.44(d)(1)(vii)(B)) n Effluent limits for NPDES-regulated storm water discharges that implement WLAs in TMDLs may be expressed in the form of BMPs (40 CFR 122.44(k)(2)&(3)) n Where effluent limits are specified as BMPs, the permit should also specify the monitoring necessary to assess the whether load reductions are achieved.(40 CFR 122.44(I))

10. 10 Court Rulings - may change regulations 9 th Circuit Ruling and General Permits n Applies to Phase II general permits n Requires permitting authority review NOI n Requires permitting authority make NOI available for public review n Requires permitting authority make possible public hearings n EPA HQ considering revising regulations

11. 11 Litigation –regulatory outcome unknown Oil and Gas Construction Permits n Oil and Gas industry seeking exemptions from storm water regulatory requirements n EPA currently in settlement negotiations

12. 12 Other Storm Water Issues n Control storm water quantity as well as quality n Find better ways to demonstrate BMPs are implemented to MEP “maximum extent practicable” and are in accordance with applicable TMDL and Chesapeake Bay Program Goals

13. 13 Expected Benefits of the Storm Water Program n Enhanced commercial, recreational and subsistence fishing n Enhanced opportunities for swimming, boating and noncontact recreation n Reduced flood damage n Drinking water benefits n Navigational benefits n Reduced illness from contaminated seafood & contaminated water n Enhanced aesthetic value