07-17-08 Regular Meeting and Public Hearings of the La Porte Planning and Zoning Commission

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>' Fact Sheet 1.0 - Stormwater Phase II Final Rule: An Overview Page 2 Construction Activity Uncontrolled runoff from construction sites is a water quality concern because of the devastating effects that sedimentation can have on local waterbodies, particularly small streams. Numerous studies have shown that the amount of sediment transported by stormwater runoff from construction sites with no controls is significantly greater than from sites with controls. In addition to sediment, construction activities yield pollutants such as pesticides, petroleum products, construction chemicals, solvents, asphalts, and acids that can contaminate stormwater runoff. During storms, construction sites may be the source of sediment-laden runoff, which can overwhelm a small stream channel's capacity, resulting in streambed scour, streambank erosion, and destruction of near-stream vegetative cover. Where left uncontrolled, sediment-laden runoff has been shown to result in the loss of in-stream habitats for fish and other aquatic species, an increased difficulty in filtering drinking water, the loss of drinking water reservoir storage capacity, and negative impacts on the navigational capacity of waterways. Are Municipally Operated Sources Exempted by the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 Affected by the Final Rule? Provisions within ISTEA temporarily delayed the deadline for Phase I industrial activities (with the exception of power plants, airports, and uncontrolled sanitary landfills) operated by municipalities with populations of less than 100,000 people to obtain an NPDES stormwater discharge permit. Congress delayed the permitting deadline for these facilities to allow small municipalities additional time to comply with NPDES requirements. The Phase II Final Rule ended this temporary exemption from permitting. Since March 10,2003, all ISTEA-exempted municipally operated industrial activities were required to obtain permit coverage. How Was the Phase II Final Rule Developed? EPA developed the Phase II Final Rule during extensive consultations with a cross-section of interested stakeholders brought together on a subcommittee chartered under the Federal Advisory Committee Act, and with representatives of small entities participating in an advisory process mandated under the Small Business Regulatory Enforcement Fairness Act. In addition, EPA considered comments submitted by over 500 individuals and organizations during a 90-day public comment period on the proposed rule. Why Does Part of the Phase II Final Rule Use a Question and Answer Format? The provisions pertaining to operators of small MS4s are written in a "readable regulation" form that uses the "plain language" method. Questions and answers are used to create more reader-friendly and understandable regulations. The plain language method uses "must" instead of "shall" to indicate a requirement and words like "should," "could," or "encourage" to indicate a recommendation or guidance. Who Is Covered by the Phase II Final Rule? The final rule "automatically" covers two classes of stormwater dischargers on a nationwide basis: (1) Operators of small MS4s located in ''urbanized areas" as delineated by the Bureau of the Census. A "small" MS4 is any MS4 not already covered by Phase I of the NPDES stormwater program. See Fact Sheets 2.1 and 2.2 for more information on small MS4 coverage. (2) Operators of small construction activities that disturb equal to or greater than I (one) and less than 5 (five) acres ofland. See Fact Sheet 3.0 for more information on small construction activity coverage. Waivers Permitting authorities may waive "automatically designated" Phase II dischargers if the dischargers meet the necessary criteria. See Fact Sheets 2.1 (small MS4 waivers overview), 3.0 (construction waivers overview) and 3.1 (construction rainfall erosivity waiver) for details. Phased-in Permit Coverage Permitting authorities may phase-in permit coverage for small MS4s serving jurisdictions with a population under 10,000 on a schedule consistent with a State watershed permitting approach. Additional Designations hv the Permitting Authority Small MS4s located outside of urbanized areas, construction activity disturbing less than 1 acre, and any other stormwater discharges can be designated for coverage if the NPDES permitting authority or EP A determines that stormwater controls are necessary. See Fact Sheet 2.1 for more information on the designation of small MS4s located outside of urbanized areas.