Stormwater Management: 2003 In Review

Federal NPDES Phase II Stormwater regulations became law during 2003 – find out how states are doing in terms of compliance nearly one year later.

By March 10, 2003, operators of small municipal separate storm sewer systems (MS4s) in urbanized areas and small construction sites were supposed to have filed a notice of intent (NOI) under their permitting authority’s general permit. Although operators are now expected to comply with the intent of the rule, complicating factors, including delays in state and federal general permit development and litigation, have prevented some operators from officially meeting the deadline. EPA issued guidance to clarify to these operators what is required under the rule while the problems are being resolved. Forty-five states plus the Virgin Islands have successfully applied for and been granted NPDES permitting authority. The remaining states, tribes, and territories still fall under EPA’s NPDES permitting authority. The states and territory with NPDES permitting authority are responsible for developing and issuing the general permits for their Phase II programs. Approximately two-thirds of the 45 states with NPDES permitting authority have issued their Phase II construction general permits, and half have issued their MS4 general permits. EPA reissued its construction general permit on July 1, 2003, which provides coverage for large (more than 5 acres disturbed) and small (1 to 5 acres disturbed) construction activities in federal lands and Indian country, and the states and territories where EPA maintains permitting authority. The EPA’s general permits will be issued by the individual EPA regions as applicable.

As long as the permitting authority has not issued a construction general permit for which the small construction facilities can apply, contractors and developers fall in a gray area where their construction does not officially have coverage under an NPDES water permit. Between March 10, 2003, and the time their applicable construction general permit is finalized, EPA encourages small construction activities to use an existing NOI form and follow the requirements of the general permit already in place for large construction (under Phase I). The US EPA has recently launched an electronic online permit application for use by construction companies that need coverage under EPA’s NPDES Phase II Stormwater program. The application, also known as eNOI, simplifies the current application process. Currently eNOI is only available for a few states and tribes, but the public can access the stormwater NOIs that have been filed. Visit http://cfpub.epa.gov/npdes/stormwater/enoi.cfm to access the system.

Nationwide, Pennsylvania is one of few states with so many small MS4s in the Phase II program. Pennsylvania’s Phase II MS4 Program covers approximately 900 small municipalities and 31 of the state’s 67 counties in 22 urbanized areas. Pennsylvania also has 17 potential urbanized areas where the state must conduct a case-by-case review and make permitting determinations. The New Jersey DEP recently adopted several groundbreaking rules to address Phase II implementation. The new rules will update the State’s stormwater regulations, including a restriction on development and ban on construction within 300 feet of high quality streams. The new regulations will also require builders to encourage groundwater recharge by funneling stormwater runoff back into their properties, rather than allowing it to flow into nearby streams, and will require towns to place screens on storm sewer inlets to reduce pollution. Recent heavy rains have underscored the importance of stormwater regulations and dam repairs in the state. For more information on Pennsylvania’s program, visit http://www.dep.state.pa.us/dep/deputate/watermgt/wc/subjects/stormwatermanagement/default.htm. To view New Jersey’s stormwater regulations, visit http://www.nj.gov/dep/dwq/municstw.html. For more information about EPA’s permit, visit http://cfpub.epa.gov/npdes/stormwater/cgp.cfm.

Nonpoint Source News Notes, September 2003