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 3 What Does the Phase II Final Rule Require? Operators of Phase II-designated small MS4s and small construction activity are required to apply for NPDES permit coverage, most likely under a general rather than individual permit, and to implement stormwater discharge management controls (known as "best management practices" (BMPs)). Specific requirements for each type of discharge are listed below. Small MS4s o A regulated small MS4 operator must develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from their MS4 to the "maximum extent practicable," to protect water quality, and to satisfY the appropriate water quality requirements of the CW A. The rule assumes the use of narrative, rather than numeric, effluent limitations requiring implementation ofBMPs. o The small MS4 stormwater management program must include the following six minimum control measures: public education and outreach; public participation/involvement; illicit discharge detection and elimination; construction site runoff control; post-construction runoff control; and pollution prevention/good housekeeping. See Fact Sheets 2.3 through 2.8 for more information on each measure, including BMPs and measurable goals. o A regulated small MS4 operator must identifY its selection ofBMPs and measurable goals for each minimum measure in the permit application. The evaluation and assessment of those chosen BMPs and measurable goals must be included in periodic reports to the NPDES permitting authority. See Fact Sheet 2.9 for more information on permitting and reporting. Small Construction Activity o The specific requirements for stormwater controls on small construction activity will be defined by the NPDES permitting authority on a State-by-State basis. o Many NPDES permitting authorities have adapted their existing Phase I general permits for large construction activity to also include small construction activity. Where this has occurred, a stormwater pollution prevention plan is required for small construction activity. See Fact Sheet 3.0 for more information on potential program requirements and appropriate BMPs for small construction activity. What Is the Phase II Program Approach? The Phase II program, based on the use of federally enforceable NPDES permits: o Encourages the use of general permits; o Provides flexibility for regulated operators to determine the most appropriate stormwater controls; o Allows for the recognition and inclusion of existing NPDES and non-NPDES stormwater programs in Phase II permits; o Includes public education and participation efforts as primary elements ofthe small MS4 program; o Attempts to facilitate and promote watershed planning and to implement the storm water program on a watershed basis; and o Works toward a unified and comprehensive NPDES stormwater program with Phase I ofthe program. How Does the Phase II Final Rule Address the Phase I Industrial "No Exposure" Provision? In addition to establishing a deadline for ISTEA facilities and designating two new classes of dischargers, the Phase II Final Rule revises the "no exposure" provision originally included in the 1990 regulations for Phase Iofthe NPDES stormwater program. The provision was remanded to EPA for further rulemaking and, subsequently, included in its revised form in the Phase II rule. Under the Phase 11 Final Rule, a conditional no exposure exclusion is available to operators of all categories of Phase I regulated industrial activity (except category (x) construction activity) who can certifY that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. To obtain the no exposure exclusion, written certification must be submitted to the NPDES permitting authority. The final rule includes a No Exposure Certification form for use only by operators of industrial activity in areas where EP A is the NPDES permitting authority. See Fact Sheet 4.0 for more information on the conditional no exposure exclusion for industrial activity.