MWCOG Water Resource Workshop“Preparing for Regulatory Change”

February 20, 2004

Track 2: Panel #4 - Storm Water MS4 Regulation Paula Estornell, USEPA, Region III

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Storm Water Program Regulatory History

Clean Water Act (CWA) establish the NationalPollutant 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 StormWater Rule

Phase II StormWater Rule

1972

1987

1990 December 1999

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NPDES Statutory Framework

All point sources Discharging

pollutants Into waters of the

U.S.

Must obtain an NPDES permit from EPA or an authorized State

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Point Source vs. Nonpoint Source

POINT Source Discharge of wastewater/

washwater/storm water from a discrete point into Waters of the U.S.

Requires NPDES Permit

NONPOINT Source Any runoff that is not a

point source A largely voluntary

program at the Federal level

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What Does Phase I Cover?

Storm Water Discharges Associated with Industrial Activity Eleven categories of industrial activity Includes construction activity

Medium and Large Municipal Separate Storm Sewer Systems (MS4s) Located in areas with populations over

100,000

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What Does Phase II Change/Cover?

Regulates storm water discharges from the following sources:

Small construction activity Small municipal separate storm sewer

systems (MS4s)

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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

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Anticipated Regulatory Changes

Clarification of Existing Regulations MS4 Permits adhere to TMDL

Court Rulings - may change regulations 9th Circuit Ruling and General Permits

Litigation –regulations outcome unknown Oil and Gas Construction permits

Regulation Evaluation 2012

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Clarification of Existing RegulationsMS4 Permits adhere to TMDL

NPDES permit conditions must be consistent with the assumptions and requirements of available WLAs (40 CFR 122.44(d)(1)(vii)(B))

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))

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))

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Court Rulings - may change regulations9th Circuit Ruling and General Permits

Applies to Phase II general permits

Requires permitting authority review NOI

Requires permitting authority make NOI available for public review

Requires permitting authority make possible public hearings

EPA HQ considering revising regulations

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Litigation –regulatory outcome unknownOil and Gas Construction Permits

Oil and Gas industry seeking exemptions from storm water regulatory requirements

EPA currently in settlement negotiations

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Other Storm Water Issues

Control storm water quantity as well as quality

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

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Expected Benefits of the Storm Water Program

Enhanced commercial, recreational and subsistence fishing

Enhanced opportunities for swimming, boating and noncontact recreation

Reduced flood damage Drinking water benefits Navigational benefits Reduced illness from contaminated

seafood & contaminated water Enhanced aesthetic value