(JQ " p'" o t:l '" " 􀁾􀀠􀀻􀁾Pi ::l " 0 '" •7U 􀁾􀀠􀁾􀀠<h 
Phase II of the NPDES Stonn.Water Program Page I of5 Storm Water Program About the Program MS4s Industrial Activity Construction Activity Phase II Resources Contacts 􀀦􀁅􀁐􀁁􀁾􀁾􀁦􀀾􀀨􀁾􀁾􀀠OFFICE
OF WASTEWATER MAIIAGEMEIIT<:'ffiee of l1Pftter Phase II Of The NPDES Storm Water Program [NPDES Storm Water Phase II Final Rule) EPA has released its report to Congress on the Storm
Water Phase II regulations (October 28, 1999), in compliance with the Agency's FY2000 appropriations act. The Final Storm Water Phase II Rule was signed by Administrator Browner on October
29, 1999. It should be published in the Federal Register in midNovember. The Federal Register version will be posted here as soon as it is available. For a copy of the Final Storm Water
Phase n Rule, click here. A fact sheet and the press release on the Final Rule are also available. The series of 14 fact sheets completed for the proposed rule will be updated soon.
The 1987 amendments to the Clean Water Act mandated EPA to develop a tiered implementation strategy for the NPDES Stonn Water Program. The second phase ofthis approach, the Storm Water
Phase II Final Rule, covers: • Regulated small MS4s, • Construction activity from 1-5 acres, and • Revision to the "no exposure" exclusion for industrial facilities. Phase II Program
FAQ • W'lISn't there a Stonn Water Phase II Direct Final Rule already published back in 1995 and currently in effect? • How I obtain a copy ofthe final rule? • Are fact sheets available
to help explain the final rule? • What training exists for the final rule? • Who is regulated under the Phase II final rule? • What is required ofthe regulated entities? • Does the Phase
II rule affect/change the Phase I program in any way? • Does the Phase II rule affect/change the ISTEA moratorium for municipally-operated industrial activities in any way? • How did
EPA seek the advice of potentially affected stakeholders in developing the Phase II rule? • What is the Phase II implementation schedule? • How can one obtain more infonnation on the
Phase II program effort? Phase II RegulationslResources 1119/99http://www.epa.gov/owm!sw/phase2lindex.htm 
Phase IT ofthe NPDES Storm Water Program Page 2 of5 • Storm Water Phase II Final Rule. • Storm Water Phase IT Proposed Rule (63 FR 1535; January 9, 1998 -pp. 1535-1584, 1585-1634, 1635-1643
in pdfformat; pp. 1535-1584,15851634, 1635-1643 in html). Note that the final rule has been signed. The proposed rule is here for informational purposes only. • Storm Water Phase II
Fact Sheet. Other fact sheets in this series will be available shortly. • Proposed Phase IT implementation "tool box" W 38n't There A Storm Water Phase II Direct Final Rule Already Published
Back In 1995 And Currently In Effect? An interim Phase II Direct Final Rule was published in August 7, 1995. It requires all non-regulated (non-Phase I) storm water dischargers to apply
for NPDES permit coverage by August 7, 2001. That rule was meant only as an interim measure until a more targeted and specific Phase II rule could be developed. The Phase IT Final Rule
supercedes the interim Phase II Direct Final Rule. Return to Top ofPage How Can I Get A Copy OfThe Final Rule? The Storm Water Phase II Final Rule will be published in the Federal Register
in November 1999. It is also available electronicaUy. A hardcopy version can be obtained starting about a month after publication by contacting EPA's Water Resource Center at (202) 260-7786
or center.water-resource@<ma.gov. Note: The provisions pertaining to operators of small MS4s were written in a "readable regulation" format that uses the "plain language" method. Questions
and answers are used to create more reader-ftiendly and understandable regulations. The plain language method uses "must" iustead of"shall" to indlcate a requirement and words like "should,"
"could," or "encourage" to indicate a recommendation or guidance. Also, the readable regulation format allows guidance to be included with mie requirements. Guidance language is identified
as such and directly follows the requirements it explains. Return to Top ofPage Are Fact Sheets Available To Help Explain The Final Rule? One fact sheet on the final rule is available
on-line. A series offourteen fact sheets that cover every major component ofthe final rule will be provided here soon. Return to Top of Page Wbat Training Exists For The Final Rule?
EPA and the Navy are currently working together to develop a training course on the entire NPDES Storm Water Program. For the status ofthis effort, click here. 11/9/99http://www.epa.gov/owrnlsw/phase
2/index.htm 
Phase IT ofthe NPDES Stonn Water Program Page 3 of5 The American Public Works Association (APWA) is organizing a one-day satellite videoconference on the final stonn water Phase IT Rule
to be held February 15, 2000. More infonnation on this will be posted soon. APWA has also conducted introductory workshops on the Stonn Water Phase IT Proposed Rule. These one-day workshops,
co-sponsored by EPA, were conducted across the country in 1999. Workshops on the final rule will be held iffunding is available. For more information on the workshops, call APWA at (202)393-2792,
or visit the APWA web site. Return to Th!! of Page Who Is Regulated Under The Phase nRule? The rule automatically regulates two classes of stonn water dischargers on a nationwide basis:
• Operators ofsmall MS4s located in "urbanized areas" as defined by the Bureau ofthe Census (tenned a "regulated" small MS4). A "small" MS4 is any MS4 not already covered by Phase I
ofthe NPDES stonn water program. Waivers from coverage are available. • Operators Operators ofconstruction activities that disturb equal to or greater than 1 and less than 5 acres ofland.
Waivers from coverage are available. Additional small MS4s (outside ofurbanized areas) and construction sites (disturbing less than 1 acre ofland), along with other sources which are
a significant contributor of pollutants to waters ofthe U.S., may be brought into the NPDES Stonn Water Program by the NPDES permitting authority. Return to Top ofPage What Is Required
OfThe Regulated Entities? Operators ofPhase IT regulated small MS4s and small construction activity are required to apply for NPDES permit coverage (most under a general rather than
an individual permit) and implement stonn water discharge management controls (often referred to as best management practices OOMJl§)) that effectively reduce or prevent the discharge
of pollutants into receiving waters. Pennit applications will not be required until early 2003. Return to Th!! ofPage Does The Phase n Rule Affect I Change The Phase I Program In AnyWay?
Yes. EPA has revised the original no exposure provision, found at 40 CFR 122.26{b){14), to be a conditional exclusion applicable to all categories of industrial activity (except construction
activity) with no exposure ofindustrial 1119199http://www.epa.gov/owrnlsw/phase2/index.htm 
Phase II of the NPDES Storm Water Program Page 4 ofS \ materials and activities to storm water. The revision, found at Section 122.26 (g) ofthe Storm Water Phase II Rule, require industrial
operators claiming no exposure to submit written certification that a condition of no exposure exists at their facility/site. The final rule includes a No Exposure Certification Form
(Appendix 4) that is intended to serve as the required written certification in areas where EPA is the NPDES permitting authority. For more information concerning the no exposure revision,
see the Storm Water Phase II Rule: Conditional No Exposure Exclusion for Industrial Activity fact sheet (Eact Sheet 4.0). Return to Top ofPage Does The Phase II Rule Affect/Chauge The
ISTEA Moratorium For Municipally-Operated Industrial Activities In Any Way? Yes. Provisions within the Intermodal Surface Transportation Efficiency Act (ISTEA) temporarily exempted Phase
I industrial activities operated by municipalities with populations less than 100,000 people (with the exception of power plants, airports, and uncontrolled sanitary landfills) from
the need to apply for or obtain a storm water discharge permit. The interim Direct Final Phase II rule then further extended the deadline to August 7, 2001, for these facilities to submit
a permit application, thereby ending the moratorium at that time. The Phase II Final Rule extends this deadline for permit coverage ofall ISTEA-exempted municipally-operated industrial
activities to up to 3 years and 90 day from date of publication ofthe final rule in the Federal Register. Return to IJlp of Page How Did EPA Seek The Advice OfPotentially Affected Stakeholders
In Developing The Phase II Rule? EPA developed the 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. EPA considered and attempted to address the primary concerns ofthe participating State, Tribal, municipal, industrial, and environmental representatives in the preamble and rule
language. For a summary ofPhase II outreach activities, see the discussion under Section I.E. (EPA Outreach Efforts) ofthe preamble to the final rule. Return to Top of Page What Is The
Phase IIImplementation Schedule? The dates below are approximate. Specific compliance dates will be set by each NPDES permitting authority as it changes appropriate regulations and issues
general permits. • November 1999: The final Phase II rule is published in the Federal Register, with Conditional No Exposure Exclusion option available on the effective date ofthe rule,
for facilities for which EPA is the permitting http://www.epa.gov/owrnlsw/phase2Iindex.htm 1119/99 
Phase II ofthe NPDES Stonn Water Program Page 5 of5 authority. • October 2000 (1 year from the date of publication of the final rule): EPA is obligated to issue a menu ofrecommended
BMPs for regulated small MS4s. • October 2001 (l year after the issuance ofthe menu ofBMPs): EPA is obligated to issue guidance on the development ofmeasurable goals for regulated small
MS4s. • November 2002 (3 years from the date ofpublication ofthe final rule): The NPDES pennitting authorities would be required to issue general pennits for Phase II regulated small
MS4s and smaU (less than 5 acre) construction activity. • February 2003 (3 years and 90 days from the date of publication ofthe final rule, or by the time specified in the permit): Operators
ofPhase II regulated smaU MS4s and small construction activity would be required to obtain pennit coverage. • By the end oftheir first permit tenns (typically 5 years), operators of
regulated small MS4s would have to fully implement their stonn water management programs. Return to IQI! of Page How Can One Obtain More Information On The Phase II Program Effort? More
information can be obtained by calling EPA's Stonn Water Phase II Rule Hotline at (202) 260-5816, or by sending an e-mail to sw2@epa.gov. Return to IQI! ofPage IStonn Water Program I􀁎􀁐􀁄􀁅􀁾IOWM
IOW IEPA IContact Us ISearch IDisc\airr This page was last updated on November 01, 1999. http://www.epa.gov/owm/sw/phase2/index.htm 1119/99 
Unlter' 􀀭􀁾􀁡􀁴􀁥􀁳􀀠Communicationr 􀀧􀁾􀁵􀁣􀁡􀁴􀁩􀁯􀁮􀁊􀀠Envir. .\ental Protection And Media Relat. ,$ Agency (1703) &EPAJ Environmental News FOR RELEASE: MONDAY, NOV. 1, 1999 EPA
EXPANDS CONTROLS ON POLLUTED RUNOFF TO FURTHER PROTECT NATION'S DRINKING WATER AND WATERWAYS Robin Woods, 202-260-4377 The U.S. Envirorunental Protection Agency today announced another
significant action under President Clinton's Clean Water Action Plan to protect America's drinking water and waterways by curbing one of the greatest remaining sources ofwater pollution
--storm water runoff. EPA announced it would reduce storm water runoff from construction sites between one and five acres and municipal storm sewer systems in urbanized areas serving
populations ofless than 100,000. This new storm water rule builds on the existing program to control storm water runoff from municipalities with populations greaterthan 100,000 and 11
industrial categories, including construction disturbing over five acres. EPA Administrator Carol M. Browner, said: "The Clinton-Gore Administration is committed to reducing one ofthe
largest remaining sources of water pollution, storm water runoff. Today we are taking a major step to protect public health and the environment for America's families -increasing the
safety ofthe water they drink, and the rivers, lakes and beaches they enjoy." Storm water is water from rain or snow that runs off ofcity streets, parking lots, construction sites and
residential yards. It can carry sediment, oil, grease, toxics, pesticides, pathogens and other pollutants into nearby storm drains. Once this polluted runoff enters the sewer system,
it is discharged --usually untreated -into local streams and waterways. A leading public health and environmental threat, storm water runoff can contaminate drinking and recreational
waters. It also remains a major source of beach and shellfish bed closures. Storm water runoff washes sediment from construction sites at a rate of20 to 150 tons per acre each year.
Sediment has been identified as the single largest cause of impaired water quality in rivers and the third largest cause ofimpaired water quality in lakes. The new storm water Phase
II rule is expected to make approximately 3,000 more river miles safe for boating and protect up to 500,000 people a year from illness due to swimming in contaminated waters. It will
prevent beach closures, make fish and seafood safer to eat, and reduce costs of drinking water treatment. Under the expanded program, sediment discharges from approximately 97.5 percent
of the acreage under development across the country will be controlled through permits. Today's new storm water regulations will control the impacts of storm water runoff -more-2R-134

·through the issuance of discharge ..'mits under the Clean Water Act. Perno .J are expected to be issued for at least 110,000 additional construction sites and over 5,000 municipalities
across the country. Facilities and sites will have three years and 90 days to obtain these storm water permits. The Phase IT permitting program has been structured for maximum flexibility.
Focusing on "best management practices," each permittee will be able to select those options resulting in the most common sense, cost-effective plan for reducing storm water runoff on
a case-by-case basis. Examples of best management practices include filter fences, storm drain inlet protection, and temporary mulching and seeding for construction sites, as well as
public education programs, storm sewer inspections and local storm water ordinances for municipal programs. The new rul e also provides incentives for industrial facilities to protect
their operations from storm water exposure. At least 70,000 industrial facilities will be able to take advantage ofthis new permitting exemption by protecting their operations from storm
water, such as covering operations under a storm resistant shelter. The proposed storm water Phase IT rule was issued in January 1998. Both the proposed and final rules were developed
with extensive public outreach and communication, including consultation with a wide crosssection ofinterested stakeholders. There was a 90-day public comment period on the proposed
rule, during which EPA received approximately 500 comments. The final storm water Phase II rule will be published in the Federal Register within the next two weeks. A copy ofthe rule
and additional information is available on the Internet at: http:/www.epa.gov/owmlsw/phase2. R-134 ### 
United states Office of Water EPA-833·F·99·020 Environmental Protection Washington, DC 20460 October 1999 Agency www.epa.govlwater &EPA REDUCING POLLUTED RUNOFF: THE STORM WATER PHASE
II RULE Aspart ofthe Administration's ongoing efforts to curb polluted runoff, the Environmental Protection Agency (EPA) is finalizing a new rule to control storm water runofffrom smaller
storm sewer systems in urbanized areas andsmaller construction sites. The second half of EPA's effort to control storm water, the storm water Phase 11 rule will make approximately 3,000
more miles ofrivers safe for boating and protect up to 500,000 people a year from illness due to swimming in contominatedwaters. Improving controls on storm water runOff will also prevent
thousands ofannual beach closures, make fish and seafood sqfer to eat, and reduce the costs ofdrinking water treatment. Storm water runoffis polluting our waterways. When it rains or
snows, the water that runs off of city streets, parking lots, and construction sites can wash wash sediment, oil, grease, toxics, pathogens, and other pollutants into nearby storm drains.
Once this pollution has entered the sewer system, it is discharged-untreated-into local streams and waterways. Known as stonn water runoff, this pollution is a leading threat to public
health and the environment today. Improving controls on storm water runoff. New regulations being finalized by EPA, known as storm water Phase n, will reduce the impacts ofstorm water
runoff through a strengthened, yet flexible and cost-effective, storm water program. Phase I ofthe storm water program, which was promulgated in November 1990, covered municipal storm
sewer systems serving populations over 100,000, construction sites above five acres, and industrial activities. Expanding permit reqUirements for municipal storm sewer systems. Building
upon the existing storm water program, storm water Phase n requires municipal storm sewer systems serving populations under 100,000 that are located in urbanized areas to obtain a National
Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act. This will result in storm water controls for approximately 5,040 additional municipalities across the
country. Types ofcontrols could include public education programs, storm sewer inspections for illegal connections, and ordinances to control construction site runoff. Providingjlexibility
for municipalities. The Phase n rule takes a "best management practice" approach, providing municipalities with the flexibility to decide what these practices should be. Municipal Phase
n storm water programs are to be composed of six minimum control measures, including: • public education and outreach; • public involvement and participation; • illicit discharge detection
and elimination; 
• construction site stonn water runoff control; • post-construction stonn water management; and • pollution prevention, or "good housekeeping," for municipal operations. Municipalities
may be able to use existing programs to satisfY these control measures, thereby avoiding program duplication. The use ofgeneral, rather than individual, pennits is encouraged. There
is pennitting flexibility for municipal stonn sewer systems serving under 10,000 people, including waivers and pennit phase-in options. In addition, to control environmental and public
health impacts, unregulated facilities and activities that are causing water quality impainnents may be brought into the program and required to obtain a stonn water pennit on a case-by-case
basis. Controlling impacts ofdevelopment. Stonn water Phase IT requires operators of construction sites disturbing one to five acres to obtain an NPDES pennit. Sediment, which runs off
ofconstruction sites at a rate of anywhere between 20 and 150 tons/acre/year, has been identified as the single largest cause ofimpaired water quality in rivers and the third largest
cause ofimpaired water quality in lakes. The additional coverage provided under the stonn water Phase IT rule will ensure that sediment discharges from more than 97 percent ofthe land
disturbed by construction activity will be controlled under a stonn water pennit. Types of controls could include filter fences, stonn drain inlet protections, and temporary mulching
and seeding ofexposed land areas. Providing incentives for industrialfacilities. For those industrial facilities currently covered under Phase I ofthe stonn water program, the new rule
provides incentives to protect operations from stonn water exposure. At least 70,000 industrial facilities may be able to take advantage of this new provision by adopting practices to
protect their operations from exposure to stonn water impacts, such as covering operations under a stonn resistant shelter. Targeting polluted runoff-an Administration priority. The
new stonn water Phase IT rule is a key action under the Administration's Clean Water Action Plan. A primary goal ofthe Clean Water Action Plan is to strengthen controls for polluted
runoff, the leading remaining cause of water pollution today. ***** The storm water Phase II rule was proposed by EPA in January 1998 and received more than 500 comments during a 90
day comment period. EPA willprovide a 'tool box' to facilitate implementation, includingfact sheets, flderalfinancing programs, guidance, training, research andadditional support. Municipalities
and construction sites will have up to three years and90 days from the date the new rule takes qffect to obtain a storm water permit. For more information on storm water Phase II. please
call (202) 260-5816, e-mail your questions to sw2@epa.govor visit EPA's website at http://www.epa.govlowmlswlphase2 on the Internet. 
PUBLIC WORKS DEPARTMENT 􀁾􀀡􀀷􀀲􀀩􀀠􀀧􀁾􀀵􀀰􀂷􀀲􀀸􀀷􀀱􀀠16801 Wrtstgmvc De<:ember 17, 1997 MEMORANDUM To: John Baumgartner, Director of Public Works From: Jim Pierce, Assistant City
Engineer 􀁾􀀮􀀠SUbje<:t: Storm Water Regulations TItis is a quick update all tlle Teleconference/meeting I attended on 12/10 regarding the Phase II Storm Water Regulations. 1. Addison
will fall under the Phase II regulations -a General Permit will be required. Estimates are we will have until June, 2002 LO file. 2. The permit wilT require six minimum control measures
-see hilighted section all attacllcd sheet. 3. We will need a sLOnn sewer map that shows major pipes, inlets, outfalls and topography. We may also need an ordinance tllat controls construction
site runoff. 4. I learned that quite a few cities in the area have established "storm water drainage fees" 10 defray the costs mandated by their permits, as well as O&M and capitol improvements
to the system. We could start working on some of these issues now. Please let me know if you have any questions or comments. 
1 1 1 1 1 1 1 1 1 1 1 
THUNDERBOLT Newsletter of the Statewide Storm Water Quality Task Force Sponsored by the Texas Chapter -American Public Works Association Fall 1997 This edition of THUNDERBOl.T features
the latest available revised recommendations of the EPA Phase II Subcommittee, news of a proposed WEATrrpWA conference on Phase II in March '98, a progress report on the Texas Nonpoint
SourceBOOK, and information on EPA Region 6's storm water web site. I hope you can join us on February 10th f:or the next Statewide Task Force meeting held in conjunction with the TPWA
Short Course at Texas A&M University. John Promise, Editor Proposed EPA Draft Phase II Regulations The latest available draft of the proposed Phase II rules was issued on July 31, 1997.
This draft is an effort by EPA staff to consolidate a number of suggestions and ideas from both the Storm Water Phase II FACA Subcommittee and EPA's internal workgroup into a single
uniform approach. Some of the key differences from the earlier draft (see THUNDERBOl.T Winter 1997 issue) -Who's In or Out? --EPA is still proposing that all cities in census-defined
urban areas would be automatically required to develop a local storm water program. For example, in the DFW area this would add 57 cities to the 7 already covered. The permitting authority
would be required to evaluate for coverage those small cities that are outside of an urbanized area if their population is at least 10,000 and their population density is at least 1,000
persons per square mile. A potential waiver of requirements is possible for cities in urbanized areas of less than 1,000 persons if they meet certain other criteria. A General Permit
Would Be Used --EPA still proposes that a general permit would be issued by each permitting authority such that all cities would have to meet similar requirements. A city could still
seek its own individual permit, although the value of this is unclear. Six Minimum Control Measures Proposed -Previously the Subcommittee reached agreement that every city would have
to address five five key areas, but this has been revised to include the following six measures -• Public involvement/participation • Public education and outreach on storm water impacts
• Illicit discharge detection and elimination <. • Construction site storm water runoff control • Post-construction storm water Il}anagement in new development and redevelopment • Pollution
prevention/good housekeeping for municipal operations Construction Activity Coverage --Ali construction activities that result in a land disturbance of greater than or equal to one acre
and less than five acres are covered, as well as sites less than one acre that are part of a larger common plan of development. The permitting authority has the option to consider construction
activities that are smaller than one acre. The final proposed regulations are supposed to be published in the Federal Register in December 1997, with a 90 day comment period. The final
regulations would presumably be issued soon thereafter. The regulations allow permittees up to 3 years to apply for an individual permit if they choose not to be covered by a general
permit that EPA will craft, so permit coverage for cities would likely not begin until 2001. It is not known how long EPA will take to develop a general permit for small MS4s. 
Distribution of Pollutant Concentrations during Rainfall-Runoff Process -Infonnation Compiled by BMP Committee Statewide Stonn Water Quality Task Force American Public Works Association,
Texas Chapter Irving, Texas December 10, 1997 
---• • • • 1. Distribution by Equation The monitoring of24 small watersheds* by the City of Austin =---discovered that the instantaneous concentrations of most pollutants decrease exponentionally
during runoff events. TSS 140 •"'"' 120 U '§b 100 e C=120e-1.8747V... = so i Q= •....... 60..ft • .... 􀁾􀀠= 40 􀁾􀀠Q = •U 20 0 0 0.1 􀁾􀀠􀁾􀀠u 􀁾􀀠M 􀁾􀀠08 M Cumulative runoff in percent
(V) * Specific land-use type watersheds of 0.7 to 371 acres, with impervious covers ranging from 1 to 98 percent. Page I 
II. Distribution by Partition (Average values of 24 watersheds) Three-Partition Means of Concentrations Parameter'" First 18% Next 32% Last 50% EMC (First Flush) (Peak Flow) (Tail) BOD
26.000 12.00 9.000 13.000 COD 168.000 70.00 52.000 79.000 TOC 22.000 10.00 9.000 12.000 TSS 426.000 210.00 148.000 218.000 NH3 00400 0.25 0.200 0.250 N02+N03 1.100 0.66 0.690 0.750 TKN
3.000 1.46 1.200 1.620 DP 0.300 0.20 0.180 0.210 TP 0.790 0046 0.330 00450 Fe. Col. 96000.000 46000.00 33000.000 48500.000 Cu 0.022 0.02 0.013 0,015 Pb 0.050 0.03 O.oI7 0.026 Zn 0.219
0.10 0.077 0.109 '" Unit in mg/l or CoL/100mI. Page 2 
III. Impact on Data Collection I. Concentrations decrease with time lapsed -a tc=aoe I 2. Event mean concentration in terms ofinstantaneous concentrations where CIS is instantaneous
concentration measured within the first 15 minutes, and C60 is instantaneous concentration measured after 60 minutes. bl and b2 are constants(in fraction) depending on land-use type
and/or percent impervious cover ofthe watershed. 3. Flow measurement may not be needed. Collect a stormwater sample within the first 15 minutes ofrunoff. Collect another sample 60 minutes
following the runoff. An EMC can be computed from the above equation. Page 3 
IV. Impact on BMP Design (Austin Example) 1. Design a water quality control pond. 2. Let I12-inch runoff entering the pond. By-pass the remaining volume ofrunoff ( a portion ofrunoff
not treated). 3. On an annual basis, the untreated pollutant loads are: i Imp. Cover(%) I Untreated Runoffl%) i 10 0 30 50 70 12 26 40 90 50 Pollutant Parameter Untreated Pollutant Load(%)
, BOD COD TOC TKN TN TP Cu Pb Zn 0 0 0 0 0 0 0 0 0 7 15 20 30 3 15 20 22 6 18 20 24 8 16 22 28 9 16 24 30 8 15 22 28 7 20 25 27 1 14 19 20 2 18 27 30 Average 0 6 16 22 27 Page 4 
TPWA STATEWIDE STORM WATER QUALITY TASK FORCE SURVEY OF STORM WATER DRAINAGE FEES CITY SINGLE FAMILY RESIDENTIAL CLASS RESIDENTIAL MONTHLY RATE COMMERCIAL CLASS COMMERCIAL MONTHLY RATE
COMMENTS ABILENE ALLENALL $0.50 ENVIRUSED FOR $2.75 FUNDING OF STOALL ONMENTAL FEE CHR$18.72/ACRE Includes Multi-Fam ARGED FOR EACM WATER MANA$2.75/MONTH MIN. CHARGE $50.00/MONTH MAX. CHARGE H WATER CUSTOMER
GEMENT PROGRAM ARLINGTON ALL $1.30 0-10,000 S.F.-IA 10,001-50,000 50,001-100,000 J00,001-200,000 200,001-350,000 350,001-700,000 700,001-1,000,000 > 1,000,000 S.F.-IA $6.50 $13.00 $19.50
$39.00 $78.00 $130.00 $260.00 $390.00 MULTI-FAMILY APARTMENTS BILLED AT $ 0.65/UNIT /MONTH AUSTIN ALL $3.67 ALL $39.59/ACRE OF DEV. LAND DALLAS 0-5,000 S.F. 5,001-10,000 10,001-21,800
21,80143,600 > 43,600 S.F. $1.65 $2.65 $3.85 $6.75 $13.00 ALL $0.0521100SF-IA RESIDENTIAL RATES ARE BASED ON LOT SIZE AS OUTLINED BY TIERS AGRIC. PROP. -EXEMPTED BY LAW VACANT LOTS HAVE
$13.00 MAXIMUM FT. WORTH ENVIR. FEE RESIDENTIAL RES. DUPLEX 0.50 $1.00 COMMERCIAL OMM. MULTI-UNI INDUSTRIAL $10.00 $20.00 $35.00 APARTMENTS $ 0.50/UNIT MUNICIPAL $ 0.75 NON-PROFIT $
0.75 TPWA -Irving DECEMBER 10, 1997 
TPWA STATEWIDE STORM WATER QUALITY TASK FORCE SURVEY OF STORM WATER DRAINAGE FEES COMMERCIAL COMMERCIAL CITY SINGLE FAMILY RESIDENTIA MONTHLY CLASS MONTHLY COMMENTS ClASS RESIDENTIAL
RATE RATE 0-7,000 S.F. RESIDENTIAL RATES ARE GARLAND $1.20 $0.06/100 SF-IA BASED ON LOT SIZE OR > 10,000 S.F. 7,001-10,000 ALL$2.40 ZONING ClASS (SF7, SFSl 0-10,000 S.F .(LOT) $3.60
$2.63 MULTI-FAMILY APARTMENTS IRVING 10,001 -20,000 $5.26 BILLED AT $ 0.0036/YR IS.F.< 5000S.F. $0.85 • 5000 S.F. $10.52 TOWNHOUSES & DUPLEXES 20,001 -40,000 $1.18 > 40,000 S.F'(LOT)
$ 0.00361 YR IS.F. CHARGED $ 0.85/MONTH 1UNIT . LUBBOCK $1.71 ALL $11.35/WATER METER MESQUITE ALL $0.050/100 SF-IA $3.00 ALLALL NORTH RICHLAND $0.04421100 SF-I}l HILLS ALL $3.00/EQUIV.
ALL RES. UNIT 0-1749 S.F. Rl $1.50 RESIDENTIAL RATES ARE BASED PLANO R2 $2.00 ALL $0.036/100 SF-IA ON BUILDING FOOTPRINT SIZE >3450 S.F. 1750 -3450 S.F. R3 $2.75 AS OUTLINED BY TIERS
0-21,999 S.F. $8.58 RESIDENTIAL AND COMMERCIAL 22,000 -43,999 RATES ARE BASED ON LOT SIZE SAN $23.48 44,000 -86,999 $42.08 ANTONIO 0-4999 S.F. $1.50 $72.52 APARTMENT AND PUBLIC LANDS
> 131,999 S.F. $1.99 87,000 -131,999 >5000 S.F. HAVE DIFFERENT RATES $160.23 I TPWA -Irving DECEMBER 10, 1997 
TPWA STATE.\IVIDE STORM WATER QUALIlY TASK FORCE STATUS OF NPDES STORM WATER PERMIT MUNICIPALITY DRAFT PERMIT PUBLIC NOTICE FINAL PERMIT PUBLIC NOTICE EFFECTIVE DATE ABILENE JUNE 29,
1996 AMARILLO ARLINGTON FEB. 8,1997 AUSTIN MAY 31,1997 BEAUMONT JUNE 15,1996 CORPUS CHRISTI DEC. 31,1994 APRIL21,1995 JUNE 1,1995 DALLAS NOV. 30,1996 MARCH 28,1997 MAY 1, 1997 ELPASO
MAY 18. 1996 JANUARY 1. 1997 JANUARY 1. 1997 FORT WORTH . SEPTEMBER 28.1996 NOV. 22.1996 DECEMBER 1. 1996 GARLAND NOV. 30. 1996 JAN. 1997 FEBRUARY 1. 1997 IIY HARRIS CO. FLOOD CONTROL
HOUSTON Co-permittees May 3,1997 IRVING FEB. 8,1997 LAREDO MAY 3, 1997 LUBBOCK JUNE 15, 1996 MESQUITE FEB. 8, 1997 PASADENA JULY 22, 1995 APRIL 26, 1997 PLANO FEB. 8. 1997 SAN ANTONIO
JUNE 24. 1995 DEC. 23. 1995 FEB. 1, 1996 WACO JUNE 15, 1996 TXDOT -DALLAS MAY 31. 1997 SEPTEMBER 26, 1997 NOVEMBER 1, 1997 TXDOT -AUSTIN AUGUST 9, 1997 TPWA -IRVING DECEMBER 10, 1997

Statewide Storm Water Quality Task Force Sponsored by the Texas Chapter· American Public Works Association WORKING AGENDA FALL MEETING --WET WEATHER VIDEO CONFERENCE, IRVING DECEMBER
10, 1&97 Introductions and Meeting Overview ... Valerie Gray, Chair of Task Force Implementation ... Dale Hoelting, Chair, Regulations and Legislation ... Water Quality ... Jonathan
Young, Chair Best Management Practices ... Roger Glick (representing George Chang, Chair) Texas Nonpoint SourceBOOK ... Keith Kennedy, Project Manager. NCTCOG, Frank Salazar, Chair,
and Bob Brashear. Project Consultant, CDM Roundtable... All Valerie Gray. Corpus Christi George Chang, Austin Mike Jones, Waco Direct Inquiries 10: Task Forr;e Chair. 1997-98 Chair,
Best Mgt Pmctices Chair. Regulations & Legislation JOhn Promise, NCTCOO 5121857·1881 5121499·2666 617/751·8536 Task Force Vice-Chair and Chair, Communications Dale Hoelting, Plano Jonathan
Young, APAI Frank Salazar, San Antonio P.O. Box 5888 Chair, Implementation Chair, Water Quality Chair, PrOject Mgt Committee Arlington, Texas 76005·5888 972-461·7152 8171461·1491 Texas
Nonpaint Sovrr;eBOOK ret: 8171695·9210 2101704-7467 FAX: 817/640·7808 .-mail: jp@nctoog.dsUx.us 
Page I of 173.htm at www.epa.gov Storm Water Phase II Rule July 31, 1997 Errata Sheet (corrections wiD be reflected in the November 25, 1997, draft) (j) Page I, Line 6. DeJete: "stller
Pltase II iAQY9triaI.ieeR'H'REIfsial S9l1foSes" (2) §122.26(b)(lS)(i)(3) --Page 5, Line 27. Create new paragraph for (3). (3) §122.26(g) --Page 9, Line 19. 􀁅􀁤􀁩􀁴􀀺􀁾􀁻􀁧􀁽􀀠(4) §122.32(a)
--Page 14, Line 5. Delete: semi-colon found after "and Federal facilities}t" (5) §122.33(b) --Page 16, Line 19. Edit: "the jurisdiction served by your jHRseielisl'l system" (6) §122.35(a)
--Page 24, Lines 21 through 24. Reverse: §122.35(a)(I) and §12235(a)(2). (7) §122.44(5) --Page 28, Line 10. Insert: "the Director may include" Proposed Rule: Attachment A Summary of
Proposed Coverage of "Storm Water Discharges Associated with Other Activity" Under the NPDES Storm Water Program definition in Required Nationwide Coverage Optional Evaluation & Designation
by. the Permitting Authority or equal to one acre and less than five acres. Sites disturbing than one acre are included if part ofa larger common plan of lde'velc'pmlent or sale. one
acre based on the potential for adverse impact on water 􀁾􀁾􀁾􀁾􀁾􀀻􀁾􀁯􀁲􀁾􀁾􀁦􀁩􀁾􀁯􀁾􀁲􀀠significant contribution of pollutants. [see Any other non-municipal storm water discharges.
1212197http://www.epa.gov/owmitnetipipes/3.htm 
3.htm at www.epa.gov Page 2 of 17 Proposed Rule: Attacbment B Summary of Proposed Coverage of Small Municipal Separate Storm Sewer Systems* Under the NPDES Storm Water Program [*see
defmition at § 122.26(b)(16)] utomatlc e5lgnatJon: Required Nationwide Coverage olentia eSlgnation: equlTe Evaluation by the Permitting Autbority for Coverage otentIa e5lgnabon: Optional
Evaluation by tbe Permitting Autbority for Coverage owners or operators 0 s s ocat outSt e 0 an "urbanized area" with a population of at least 10,000 and a population density of at least
1,000. [see §§122.32(a)(2) and 122.39(b)(2)] All owners or operators of small MS4s that contribute substantially to the stonn water pollutant loadings of a physically interconnected
MS4 that is regulated by the NPDES stonn water program. [see §122.39(b)(4)] wners an operators 0 sm s oca outSt e 0 an "urbanized area" with a population of less than 10,000 QI a eosity
ofless than 1,000. [see §122.39(b)(3)] MS4 PERMIT REQUIREMENTS? olenna alver: Locally-Based Waiver Waiver from Requirements as Determined by tbe Permitting Autbority ers or operators
0 sm s, ocate wit III an "urbanized area," with a jurisdiction ofless than 1,000 persons d a system that is not contributing substantially to the lIulant loadings ofa physically interconnected
MS4 may ertify that stonn water controls are not needed based on: (1) a waste load allocation that is part ofa "total maximum daily load" (TMDL) that addresses the pollutants of concern;
or potentIal waIver: Waiver from Requirements as Determined by tbe Permitting Autbority [see §122.26(b)(15)(ii)] •IAny automatically designated construction actiVity where tile owner/operator
certifies: (I) a rainfall energy factor of less than two, or (2) an annual soil loss of less than two tons/acre/year, or (3) that [he activity will occur within an area where controls
are not needed based on -a "waste load allocation" that is part of a total maximum daily load (TMDL), or a comprehensive watershed plan [see §I22.26(b)(15)(i)(A)] 12/2/97http://www.epa.gov/owrnitnetl
pipesl3.htm 
Page 3 of 17 (2) a comprehensive watershed plan, implemented for the waterbody, that includes the equivalent of a TMDL, and addresses the pollutants of concern. STORM WATER PROGRAM REGULATORY
REVISIONS This draft proposed rule language represents an effort by EPA staffto consolidate into a single uniform approach a number ofsuggestions and ideas generated in the course of
discussions by the Storm Water Phase II FACA Subcommittee and EPA's internal workgroup. Small construction sites and other Phase II industrial/commercial sources are addresse..i by revisions
to the existing storm water regulations. The revisions to the existing regulations are noted between two groups of four asterisks * * * *. Language deleted by EPA from the existing regulations
is redliRee aREl slfllel. eat. Small municipalities, Tribes, and NPDES permitting authorities are addressed by adding new sections 122.30 through 122.38. Sections 122.30 through 122.38
and 123.35 are our first attempt at a new "readable regulations" approach to rule language, and therefore may be subject to stylistic changes as we further refine this approach. Because
these "readable regulations" are written in question and answer format, the regulations use words like "must" and "should" or "encourage" instead of"shall" or "may". The legal implications
are the same. When the word "must" is used, it is a requirement. When words like "should" or "encourage" are used, it is a recommendation, or guidance; we have also indicated areas that
are guidance through use of square brackets ("[ J"). Revise section 40 CFR 122.26(a)(9) to read as follows: (9) (i) On and after October I. 1994. dischargers composed entirely ofstorm
water, that are not otherwise already required by paragraph(a)(I) ofthis section to obtain a permit, shall be required to apply fer EllIe obtain a permit asseFaisg te tRe IIpl'llieaties
re'tHiremeats is pa:ragrapft(g) eftlHs seetiee. The Di,eetar FAa;' Ret F8€jHire a pefHIit far c4issharges ef steR'R '.vater as F'FeviElea ia I'laragral'lh (a)(2) €If this this seeties
SF agrieliltllf!ll staFfA water flisaff ....'hieh is tinBlliIptea !'Fellil Y!e eBfiRiliisa efl'lemtssllree at §§122.2 ana 12:1.3. if: (A) the discharge is from a small municipal separate
storm sewer system required to be regulated pursuant to §122.32. The operator shall seek coverage under an NPDES permit in accordance with the requirements of §122.32 through § 122.35;
(B) the discharge is a storm water discharge associated with other activity pursuant to §I22.26(b)(1 5). The operator shall seek coverage under an NPDES permit in accordance with §l22.26(c)(I);
(C) the Director determines that storm water controls are needed for the discharge based on: (1) a waste load allocation that is part of a ntotal maximum daily load" (TMDL) that addresses
the pollutants of concern; or (2) a comprehensive watershed plan, implemented for the waterbody, that includes the equivalent ofa TMDL, and addresses the pollutants of concern. For storm
water discharges associated with municipal separate storm sewer systems, the operator shall seek coverage under an NPDES permit in accordance with §§ 122.32 through 122.35. For non-municipal
storm water discharges, the operator shall seek coverage under an NPDES permit in accordance with §122.26(c)( I); or (D) the Director determines that the discharge contributes to a violation
ofa water quality standard or is a significant contributor of pollutants to waters of the United States. For storm water discharges associated with municipal separate storm sewer system.<,
the operator shall seek coverage under an NPDES permit in accordance with §§ 122.32 through 122.35. For non-municipal storm water 1212/97htlp:/lwww.epa.gov/owmitnetJpipes/3.htm 
3.htm at www.epa.gov Page 4 of 17 discharges, the operator shall seek coverage under an NPDES permit in accordance with §122.26(c)(l). (ii) Those designated pursuant to sub-paragraphs
(i)(C) and (i)(D) above, shall apply for a permit to the Director within 180 days of receipt of notice. unless permission for a later date is granted by the Director (see 40 CFR §124.52(c».
Revise section 40 CFR I22.26(b)(4) to read as follows: (4) Large municipal separate storm sewer system means aJi municipal separate storm sewers that are either: (i) located in an incorporated
place with a population of 250.000 or more as determined by the **** 􀁾1990 n** Decennial Census by the Bureau ofthe Census... Revise section 40 CFR 122.26(b)(7) to read as follows:
(7) Medium municipal separate storm sewer system means all municipal separate storm sewers that are either: (i) located in an incorporated place with a population of 100,000 or more
but less than 250,000, as determined by the **** 􀁾1990 un Decennial Census by the Bureau of the Census... Revise section 40 CFR 122.26(b)(8)(i) to read as follows: (i) Owned or operated
by *"*the United States.u** a State. city, town. borough, county, ... Revise section 40 CFR I22.26(b)(14) to read as follows: ....For the categories ofindustries identified in ..**l'arag!'ajlRs
(e)(I 4 ) (I) th!:eligh (x) ef un this section, the term includes, but .... . . . . storage areas (including tank farms) for raw materials, and intermediate and finished products; and
areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. ****FertHe eatBgefiBs efiflEiasa=ies iseRi:iiillfil ia IllH'QgIIlPH
(8)(14)(lli) sf this seetieB:, iRe teFfB iaeiases eBly steM '.vater eiSeaaFg8S §:aIR aU the areas (eJEeept aS8ess feaaS aRe fail tiRes) tBat aN liste9 is Hie pFe'w'ialds SeBteRse 'llftafe
RNlteRal haRElliag 8'll:HpmeRt Sf aetivities, fWA' Ift&terials, iMerRleiiiate 􀁾􀁦􀁥􀁡􀁹􀁥􀁴􀁳􀀬􀀠BRaI fJr-eEftlsts, J);'aste mateFiais, ey pre Ekiee, SF ili4l1sa=iaIHleehiae17' Sfe
elill9sed Ie steFlI'! watef."**For the purposes of this paragraph, material handling activities include the storage, loading and unloading•.... Revise section 40 CFR 122.26(b)( 14Xi)
to read as follows: (i) Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effiuent standards under 40 CIR SUbchapter
N *****(eIlGefR faeilmBS with tellie flelllilant eliAaeRi: smadSf6s "..aieR QfIl enBfIIllted \I!iEIef eateg91'Y (xi) ia j!9l:'IIgfaJ!R (8)(14) ef'dlis se6tiea);**** Revise section 40
CFR 122.26(bXI4)(xi) to read as follows: (xi) Facilities under Standard Industrial Classifications 20,21,22,23,2434,25,265,267,27,283,285,30,31 (except 31 I), 323, 34 (except 3441),
35,36, 37 (except 373), 38.39, 4221-25;*"*, (aRd WHiSH afe Bel BtHef'Wise iBellisBfil '.vitI!iH eategeses (ii) (li));**** 12/2/97http://www.epa.gov/owmitnetlpipes/3.htm 
Page 5 of 17 Move current section 40 CFR 122.26(b)(l5) to new 40 CFR 122.26(b)(17). Add paragraph to section 40 CFR 122.26(b)(l5) to read as follows: (15) Storm water discharges associated
with other activity means the discharge from any conveyance used for collecting and conveying storm water that needs to be regulated to protect water quality. For the categories offacilities
identified in this subsection, the term includes the entire facility except areas located at the facility separated from the plant's operational activities. Such separated areas may
include 􀁯􀁦􀁦􀁩􀁣􀁾􀀠buildings and accompanying parking lots, as long as the drainage from the separated areas is not mixed with storm water drained from the plant's operational activities.
The following types offacilities or activities are sources of "storm water discharges associated with other activity" for the purposes ofthis subsection: (i) Construction Activities.
(A) Construction activities including clearing, grading, and excavating activities that result in land disturbance ofgreater than or equal to one acre and less than five acres. Sites
disturbing less than one acre are included if they are part ofa larger common plan of development or sale. The NPDES permitting authority may waive the otherwise applicable requirements
for a storm water discharge from construction activities that disturb less than five acres where:( I) the rainfall energy factor ("R" in the Universal Soil Loss Equation) is less than
two during the period ofconstruction activity. The owner/operator must certify that construction activity will take place during the months when the rainfall energy factor is less than
two.; (2) on a case-by-case basis the annual soil loss for a site will be less than two tons/acre/year. The owner or operator must certify that the annual soil loss for their site will
be less than two tons/per/acre/year through the use of the revised Universal Soil Loss Equation, assuming the constants ofno ground cover and no runoff controls in place.;or (3) storm
water controls are not needed based on: (i) a waste load allocation that is part of a "total maximum daily load" (TMDL) that addresses the pollutants of concern; or (ii) a comprehensive
watershed plan, implemented for the waterbody, that includes the equivalent of a TMDL, and addresses the pollutants ofconcern. The owner or operator must certify that the construction
activity will take place, and Sllllll1Water discharge will occur, within an area covered by the TMDL or watershed plan. (8) Any other construction activity designated by the NPDES permitting
authority based on the potential for adverse impact on water quality or for significant contribution ofpollutants. (ii) Any other discharges, except municipal separate storm sewer systems,
designated by the NPDES permitting authority pursuant to §122.26(a)(9). [See Attachment A for a chart summarizing the coverage of "storm water discharges associated with other activity"
under today's proposed rule.] Add paragraph to new section 40 CFR 122.26(b)(16) to read as follows: (16) Small municipal separate storm sewer system means all municipal separate storm
sewer systems that are not designated as a "large" or "medium" municipal separate storm sewer system pursuant to 40 CFR §§ 122.26(b)(4) and (b)(7), or designated under 40 CFR §122.26(a)(J
)(v). Revise section 40 CFR 122.26(c) to read as follows: (c) Application requirements for storm water discharges associated with industrial activity****or storm water discharges associated
with other activity. ****( I) Individual application. ... 1212197http://www.epa.gov/owmitnetlpipesl3.htm 
3.htm at www.epa.gov Page 6 of 17 Revise section 40 CFR 122.26(c)(I) to read as follows: (1) Individual application. Dischargers ofstorm water associated with industrial ••' *or other*
**. activity are required to apply for an individual permit, ... Revise section 40 CFR 122.26(c)(I)(i) to read as follows: · .. the operator of a storm water discharge associated with
industrial • * **or other" ** activity subject to this section ... !".evise section 40 CFR 122.26( c)(l )(i)(C) to read as follows: · .. outfalls that should contain storm water discharges
associated with industrial " .. or other"" activity have been tested or eval uated ... Revise section 40 CFR 122.26(c)(1 )(i)(E) to read as follows: · .. outfalls containing a storm
water discharge associated with industrial ***'or other*" activity for the following parameters: ... Revise section 40 CFR 122.26(c)(J)(ii) to read as follows: · .. industrial activity
solely under paragraph (b )(l4)(x) of this section "**or is associated with other activity solely solely under paragraph (b)(l5)(i) of this section,'''' is exempt from the requirements
Replace existing paragraph of section 40 CFR 122.26(e)( I)(ii) with new paragraph to read as follows: (ii) For any storm water discharge associated with industrial activity from a facility
that is owned or operated by a municipality with a population of less than 100,000 that is not authorized by a general permit, the permit application must be submitted to the Director
by August 7, 2001. Add new paragraph to section 40 CFR J 22.26(e)(l )(iii) to read as follows: (iii) For any storm water discharge associated with other activity identified in §122.26(b)(IS)
not authorized by a general permit, the permit application made under paragraph (c) of this section must be submitted to the Director by {insert date 3 years and 90 days from date of
publication}. Delete section 40 CFR 122.26(g) as follows: .(g) AppUeslien 􀁲􀀺􀁥􀁾􀁈􀁩􀀮􀁾􀁬􀁦􀁦􀁥􀀱􀀹􀀺􀁓far aiseJ1€IrgetJ €8Hif:19sei enti::eiy f>jslenH willer bl1'lFisl' 􀁃􀁬􀁾􀁑􀁮􀀠r¥al8r
Asl Seel-i8J'l 1Q.2(pjf8). AFt)' eperatsr era ,siRt S8Yi'Ge FeEtaiFea 􀁾􀁡􀀠getaiB a permit liflger pB:fagfQpa Eaj(9) eflhis sesliea 511£111 sHamil aH af)f)lisatiee ia asseRiaHS8 wilk
Ike fellewieg reijllifilme8ls. (1) Al'fJlie61i1i1li tieetiline5. Tile sf)srat8F shell SHllI'llil an 8flf)lisatieH ill esserElanse wall lie fellewieg EleaElIiHes: (i) A Elissllargef wkiehlke
Direster EleleFfllilles Ie esalFiaa\e Ie a vielatiea ef a water 􀁾􀁡􀁡􀁬􀁩􀁴􀀻􀀧􀀠slefl£lafEl eF is a sigaiHsaHl es8lFieater sf IlsllHtaels Ie waters erika URiteEl States sllall alllll),
fur a f)_it Ie tHe Dil:ee;er 9AHHa 1gg Elars ef reeei}3t 9f 􀁒􀀹􀁴􀁩􀁥􀁥􀁾􀀠Hsless pe'FIBissias fer a later Elate is grantee by tAe Difl!slsr (see 4Q CFR 124.32(sH; €IF (ii) All eiller
ElisellargeFs shall alllll), Ie Ille DiFeeter He later lkaH Aaglist ?, 2QQ I. (2) 14fl]Jlies#9N J'lefJ'6li.wemsliis. TAil 9ferater sl-IaH 51:19FB:it .:::: 􀁾􀁾􀁬􀁩􀁥􀁡􀁴􀁩􀀹􀁂􀀠is aeseFSaflSe
vt'ita t:he felle'....iFlg r8f/Hiremeels, HHless eillerwise meEliHee ay Ike Direeter: 1212/97http://viww.epa.gov/owmitnet/pipes/3.htm 
3.htm at www.epa.gov Page 7 of 17 (i) bldi..,.iiihuHlilpf/lielil.'i9Ylfer Yl9Yl l'llwlieiflliil di.sehlill'ges. Tile feEjHirl!m8ll'5 eel'!!aisee is flElfagrBflh (8)(1) efthis seetisfI.
(ii) 􀁊􀀴􀁦􀁊􀁰􀁬􀁩􀁥􀁡􀁾􀁩􀀶􀀱􀀧􀁴􀀠.Yoff/wi-/¢t?meJ'lts for H'l!lRieipel sepe."8te M6rm seli,€r di-seherges. TAe reEIl:li:Fem:e:ats eSlltafnee is peratfl'!lpll (EI) sfthis seetiefl.
(iiij !ifstiee efinleYlt te ee ee';e."oli h}· Iii genl1l'6lpe'l'mit i&sued 8j. Ike J)i,·eetel'. The f8EjUir811'1eflts eeetaieea iR 4Q CFR 122.18(e)E2). Add new paragraph to section 40
CFR I 22.26(g) to read as follows: (h) Conditional exemption/or "no exposure" a/industrial activities and materials to storm water. Discharges composed entirely of storm water do not
require a NPDES permit if the owner or operator of the facility satisfies the conditions ofthis paragraph concerning "no exposure." For purposes of this section, "no exposure" means
all industrial materials or activities are protected by a storm resistant shelter so that they are not exposed to rain, snow, snowmelt, or runoff. Industrial materials or activities
include, but are not limited to, material handling equipment, industrial machinery, raw materials, intermediate products, by-products, or waste products, however packaged. This exemption
does not apply to storm water discharges from facilities identified in (b)(14)(x) and (b)(I5)(i) and sources individually designated under §122.26(a)(I){v) and §122.26(g)(I)(i). The
certifying party shall not take any actions to qualify for this provision that would interfere with the attainment or maintenance of water quality standards, including designated uses.
To certify that the facility meets the definition of no exposure described above, an owner or operator must submit a certification once every five years to the NPDES permitting authority.
(1) Any owner or operator certifying to no exposure must: (i) notify the NPDES permitting authority at the beginning of each permit term or prior to commencing discharges during a permit
term; (li) allow allow the permitting authority, or the municipality where the facility discharges into a municipal separate storm sewer system, to inspect the facility and to make such
inspection reports publicly available upon request; [Note: The Urban Wet Weather FACA Committee is currently discussing modifying paragraph (iii) belowl (iii) upon request, also submit
a copy of the certification to the municipality or to any person who requests the certification; and (iv) sign and certify the certification in accordance with section 122.22. (2) If
there is a change in circumstances which causes exposure ofindustrial activities or materials to storm water, the owners or operators must comply immediately with all the requirements
of the storm water program including applying for and obtaining coverage under a NPDES permit. (3) Even ifan owner or operator certifies to no exposure under paragraph (h)(I) above,
the NPDES permitting authority still retains the authority to require the owner or operator ofa facility to apply for an individual or general permit if the permitting authority has
determined that the discharge: (i) is, or may reasonably be, causing or contributing to the violation of a water quality standard; or (ii) is. or may reasonably be, interfering with
the attainment or maintenance of water quality 1212/97http://www.epa.gov/owmitnetlpipes/3.htm 
3.htm at www.epa.gov Page 8 of17 • standards, including designated uses. Revise section 40 CFR 122.28(b)(2)(v) to read as follows: Discharges other than discharges from publicly owned
treatment works, combined sewer overflows, *"-municipal separate storm sewer systems,*"*primary industrial facilities, and storm water discharges associated with industrial activity,
******·*may, at the discretion of the Director, be authorized to discharge with a general permit without submitting an NO!. Add new sections 40 CFR 122.30 through 122.38 to read as follows:
General Purpose of the CWA Section 402(p)(6) Storm Water Program §122.30 What is the purpose of the 402(p)(6) storm water regulations? Under the statutory mandate in section 402(P)(6)
of the Clean Water Act, the purpose of this portion of the storm water program is to designate sources that need to be regulated to protect water quality and to establish a comprehensive
storm water program to regulate these sources. (Since the storm water program is part of the National Pollutant Discharge Elimination System (NPDES) Program, you should also refer to
§122.1 which addresses the broader purpose ofthe NPDES program.) Storm water runoff continues to harm the nation's waters. Runoff from lands modified by human 􀀮􀁾􀁴􀁩􀁶􀁩􀁴􀁩􀁥􀁳􀀠can
harm surface water resources in two ways: I) by changing natural hydrologic patterns; and 2) by elevating pollutant concentrations and loadings. Storm water runoff may contain or mobilize
high levels of contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen-demanding substances, and floatables. EPA strongly encourages partnerships
and the watershed approach as the management framework for efficiently, effectively, and consistently protecting and restoring aquatic ecosystems and protecting public health. Tribal
Role for the CWA Section 402(P)(6) Storm Water Program §122.31 As a Tribe. what is my role under the CWA §402(P)(6) storm water program? As a Tribe you may: (a) be authorized to operate
the NPDES program including the storm water program (after EPA determines that the Tribe is eligible for treatment in the same manner as a State under §§123.31 through 123.34.) [If your
Tribe does not have an authorized NPDES program, EPA will implement the program on the Reservation.]; (b) be classified as an owner or operator ofa small municipal separate storm sewer
system to the extent the population within the exterior boundaries of the Reservation within the urbanized area, as defined in §122.32, is greater than or equal to 1,000 persons. [This
approach is consistent with EPA's 1984 Indian Policy of operating on a government-to-government relationship and EPA looking at the Tribe as the lead government authority to deal with
environmental issues on the Reservation, but rather it is to provide additional opportunities to deal with storm water discharges within the Reservation. A few Tribes may be classified
as municipalities and, if the Indian Tribe operates a separate storm sewer system that meets the definition of a small municipal separate storm sewer system, the Reservation may be subject
to the requirements under §§122J3 through 122.35. If you are not classified as a municipality, you may ask EPA to designate you as a small municipal separate storm sewer system for the
purposes of this rule. The resulting federal recognition from the NPDES permit issued by EPA (or a NPDES authorized Tribe) may benefit you in operating the municipal program by enhancing
your ability to establish certain requirements for facilities that discharge storm water into your separate storm sewer system.]; or 12/2/97http;//www.epa.gov/owmitnet/pipes/3.htm 
3.htm at www.epa.gov Page 9 of 17 (c) be a discharger ofstorm water associated with industrial or O,der activity under sections J22.26(b)(l4) or (b)(IS), in which case you must meet
the applicable requirements. Within the exterior boundaries ofthe Reservation, the permitting authority would be EPA, unless the Tribe was the authorized NPDES authority. Municipal Role
for the CWA Section 402(P)(6) Storm Water Program [SeeAttachment B for chart that summarizes municipal coverage and waivers under the proposed rule.] §122.32 As an owner or operator ofa small municipal separate storm sewer system, am I
regulated under the CWA §402(P )(6) municipal storm water program? (a) You are a regulated small municipal separate storm sewer system if your are the owner or operator of a small municipal
separate storm sewer system (including but not limited to systems owned or operated by local governments; State departments of transportation; and State, Tribal, and Federal facilities);
and you meet the following definition. Regulated small municipal separate storm sewer systems are defined as all small municipal sep!ll'ate storm sewer systems that are located in: (I)
an incorporated place, county, or other place under the jurisdiction of a governmental entity (including but not limited to Tribal or Territorial governments) located in an urbanized
area, as determined by the latest Decennial Census by the Bureau ofthe Census, except for Federal Indian Reservations where the population within the exterior boundaries of the Reservation
within the urbanized area is under 1,000 persons; (2) an incorporated place, county, or other place under the jurisdiction ofa governmental entity other than those described in paragraph
(I) that is designated by the NPDES permitting authority, incIudmg where designation is based upon a petition under §I 22.26(f). [See 40 CFR §123.35 for NPDES permitting authority designation
requirements.] (b) You may be the subject ofa petition, by any person, to the NPDES permitting authority to require a NPDES permit for a discharge which is composed entirely ofstorm
water which contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters ofthe United States. (c) If you receive a waiver under §122.33(b),
you may subsequently be designated back into the municipal storm water program by the NPDES permitting authority if circumstances change. [See 40 CFR §123.35(b).] §122.33 If I am an
owner or operator ofa regulated small municipal separate storm sewer system, must I apply for a NPDES permit? If so, by when do I have to seek coverage under a NPDES permit? If so, who
is my NPDES permitting authority? (a) If you are the owner or operator ofa regulated small municipal separate storm sewer system under §122.32, you must seek coverage under a general
or individual NPDES permit, unless waived under paragraph (b) of this section, as follows: (I) If you are seeking coverage under a general permit, you must submit a Notice of Intent
(NOI). The general permit will explain the steps necessary to attain coverage. (2) If you are seeking coverage under an individual permit, you must submit an individual application to
your NPDES permitting authority that includes the information required under section 122.21(f) and the following information: (i) estimate ofsquare mileage served by your separate storm
sewer system, and (ii) any additional information that your NPDES permitting authority requests. 12/2/97http://www.epa.gov/owmitnetlpipes/3.htm 
Page 10 of 17 • (3) If there is an adjoining municipality or other governmental entity with an issued NPDES storm water permit that is willing to have you participate in its storm water
program, you may jointly with that adjoining municipality or other governmental entity seek a permit modification to include your municipality or other governmental entity in the relevant
portions ofthat NPDES permit. If you choose this option you will need to comply with the permit application requirements of § 122.26, in lieu of the requirements of §122.34. You do not
need to comply with the specific application requirements of §§122.26( d)( I )(iii), (iv) and (d)(2)(iii) (discharge characterization). You may satisfy the requirements in §§122.26 (d)(I)(v)
and (d)(2)(iv) (identifying a management plan) by referring to the adjoining municipality'S storm water management plan. [In referencing an adjoining municipality's storm water management
plan, you should briefly describe how the existing plan will address discharges from from your municipal separate storm sewer system or would need to be supplemented in order to adequately
address your discharges, explain the role you will play in coordinating storm water activities in your jurisdiction, and detail the resources available to you to accomplish the plan.)
(b) The NPDES permitting authority may waive the requirements otherwise applicable to you if you are an owner or operator ofa regulated small municipal separate storm sewer system, as
defined in §122.32(a)(I), the jurisdiction served by your jurisdiction includes a population of/ess than 1,000 persons, you are not contributing substantially to the storm water pollutant
loadings ofa physically interconnected regulated municipal separate storm sewer system (see §123.35(b)(4», and you have certified that storm water controls are not needed based on: (I)
a waste load allocation that is part of a "total maximum daily load" (TMDL) that addresses the pollutants of concern; or (2) a comprehensive watershed plan, implemented for the waterbody,
that includes the equivalent of a TMDL , and addresses the pollutants ofconcern. (c) If you are an owner or operator of a regulated small municipal separate storm sewer system: (I) under
section 122.32 (a)(1), you must apply for coverage under a NPDES permit by {insert date 3 years and 90 days from date of final regulation}; or (2) designated under section 122.32 (a)(2),
you must apply for coverage under a NPDES permit within 60 days of notice, unless the NPDES permitting authority grants a later date. (d) If you are located in a NPDES authorized State,
Tribe, or Territory, then that State, Tribe, or Territory is your permitting authority. Otherwise, your permitting authority is the EPA Regional Office. [You should call the EPA Regional
Office to find out who is your NPDES permitting authority.J §122.34 As an owner or operator of a regulated small municipal separate storm sewer system, what will my NPDES municipal storm
water permit require? (a) Your NPDES municipal storm water permit will, at a minimum, require you to develop, implement, and enforce a storm water management program designed to reduce
the discharge of pollutants from your municipal separate storm sewer system to the maximum extent practicable (MEP) and to attain water quality standards. Your storm water management
program must include the minimum control measures described in paragraph (b) below. For purposes ofthis section, narrative effluent limitations requiring implementation ofbest management
practices (BMPs), are generally the most appropriate form of effluent limitations when designed to satisfy technology requirements, including reductions of pollutants to the maximum
extent practicable, and water quality-based requirements of the Clean Water Act. Implementation of the best management practices consistent with (I) the provisions of the storm water
management program required pursuant to this section, and (2) the provisions of the permit required pursuant to section 122.33 shall http://www.epa.gov/owmitnetlpipes/3.htm 12/2197 
3.htm at www.epa.gov Page 11 of 17 􀁾􀀮􀀠' constitute compliance with the standard of "reducing pollutants to the maximum extent practicable." Your NPDES permitting authority will specify
a time period of up to 5 years from the date of permit issuance for you to fully develop and implement your program. , ,,) Minimum Control Measures (I) Public education and outreach
on storm water impacts, You must implement a public education program to distribute educational materi31s to the community or cJnduct equivalent outreach activities about the impacts
of storm water discharges on water bodies and the steps to reduce storm water pollution. [You may use storm water educational materials provided by your State, Tribe, EPA, or, subject
to the approval of the local govemment, envIronmental or other public interest or trade organizations. The materials or outreach programs should inform individuals and households about
the steps they can take (such as ensuring proper septic system maintenance; limiting the use and runoff ofgarden chemicals; becoming involved in local stream restoration activities that
are coordinated by youth service and conservation corps, and other citizen groups; and participating in storm drain stenciling) to reduce storm water pollution. In addition, the materials
or outreach programs should be directed toward targeted groups of commercial, industrial, and institutional entities likely to have significant storm water impacts to explain their impacts
on storm water pollution (for example, information to restaurants on the impact of grease clogging storm drains, to garages on the impacts ofoil discharges, etc.) You are encouraged
to tailor your outreach program to address the viewpoints and concerns ofall communities, particularly minority and disadvantaged communities, as well as children] (2) Public involvement/Participatio
n. You must comply with State, Tribal and local public notice requirements. [You should include the public in developing, implementing, and reviewing your storm water management program,
The public participation process should make efforts to reach out and engage all economic and ethnic groups, You may consider impanelling a group ofcitizens to participate in your decision-making
process, hold public hearings, or work with volunteers.] (3) Illicit discharge detection and elimination. You must: (i) Develop (if not already completed) a storm sewer system map (or
equivalent) showing the location ofmajor pipes, outfalls, and topography. In addition, if data already exists, show areas of concentrated activities likely to be a source of storm water
pollution; (U) Effectively prohibit, through ordinance, order, or similar means, illicit discharges into your storm sewer system and implement appropriate enforcement procedures and
actions; (iii) Implement a plan to detect and address illicit discharges (including illegal dumping) to your system; and (iv) Inform public employees, businesses, and the general public
ofhazards associated with illegal discharges and improper disposal of waste. [Actions may include storm drain stenciling, a program to promote, publicize, and facilitate public reporting
of illicit connections or discharges, and distribution of outreach materials.] (4) Construction site storm water runoffcontrol, You must develop, implement, and enforce a program to
reduce pollutants in storm water runoff to your municipal separate storm sewer system from construction activities that result in land disturbance ofgreater than or equal to one acre.
You must use an ordinance or other regulatory mechanism that controls erosion and sediment to the maximum extent practicable and allowable under State or Tribal law. Your program must
c'lntrol other waste at the construction site that may adversely impact water quality, such as discarded building materials, concrete truck washout, and sanitary waste. Your program
also must include, at a minimum, requirements for construction site owners or operators to implement appropriate BMPs, provisions for pre-construction review of site management plans,
procedures for receipt and consideration of information submitted by the public, regular inspections during construction, and http://www.epa.gov/owmitnetlpipes/3.htm 12/2197 
3.htm at www.epa.gov Page 􀁬􀁾􀀠of 17 penalties to ensure compliance. [See §122.44(5)] (5) Post-construction storm water management in new development and redevelopment. You must develop,
implement, and enforce a program to address storm water runoff from new development and redevelopment projects that result in land disturbance of greater than or equal to one acre and
that discharge into your municipal separate storm sewer system. Your program must include site-appropriate and cost-effective structural and non-structural best management practices
(BMPs) and ensure adequate long-term operation and maintenance of such BMPs. Your program must ensure that controls are in place that would avoid violations ofwater quality standards,
including impairment of designated uses (See CWA §402(P)(2)(E)]. [lfthe involved parties consider water quality impacts from the beginning stages of projects, new development and possibly
redevelopment allow opportunities for more water quality sensitive projects. EPA recommends that that municipalities utilize BMPs that attempt to mimic pre-development runoff conditions,
including water quality and quantity. This can be achieved through the use of design features such as extended detention outlet structures (outlets that limit discharge to pre-development
discharge rates), multiple detention pond systems (multiple cells within a wet pond), sediment forebays (allows forremovaI of heavy particulates prior to BMP) and use ofwetland vegetation
(increases biological uptake, filtration and soil infiltration). BMPS that have been shown to reduce pollutant loadings in storm water runoff from developed areas include: reduced imperviousness,
wetland protection, vegetated drainage ways, infiltration trenches, riparian buffers, extended detention wet ponds, multiple-celled pond systems, prevention-based site design based on
use of infiltration into preserved "pocket parks" or other natural areas suitable for storm water infiltration, locally-based watershed planning that minimizes storm water impacts of
new development, and model local ordinances. It should be noted that storm water technologies are constantly being improved, and that municipal requirements should be responsive to these
changes.] (6) Pollution prevention/good housekeeping/or municipal operations. You must develop and implement a cost-effective operation and maintenance program with the ultimate goal
of preventing and reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your State, or Tribe, or from other organizations whose materials
are approved by the local government, your program must include local government employee training to prevent and reduce storm water pollution from government operations (such as park
and open space maintenance, fleet maintenance, planning, buildir,S JVersigbt, and storm water system maintenance). [You should, at a minimum, consider the following in developing your
program: (1) maintenance activities, maintenance schedules, and long-term inspection procedures for structural and other storm water controls to reduce floatables and other pollutants
discharged from your separate storm sewers; (2) controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and
storage yards, and waste transfer stations; (3) procedures for properly disposing of waste removed from the separate storm sewer systems and areas listed above in (2) (such as dredge
spoil, accumulated sediments, floatables, and other debris); and (4) ways to ensure that new flood management projects assess the impacts on water quality and examine existing projects
for incorporating additional water quality protection devices or practices.J (c) The NPDES permitting authority may include permit provisions in your NPDES permit that incorporate by
reference qualifying local, State or Tribal municipal storm water management program requirements that address one or more of the minimum controls of §122.34(b). Qualifying local, State
or Tribal program requirements must impose, at a minimum, the relevant requirements of paragraph (b) ofthis section. (d) You must identify and submit to your NPDES permitting authority
either in your notice of intent or in your permit application (see section 122.33) the following information: best management practices (BMPs) to be implemented and the measurable goals
for each of the storm water minimum control measures, the month and year in which you will start and aim to complete each of the http://www.epa.gov/owmitnetlpipes/3.htm 1212/97 
3.htm at www.epa.gov Page 13 of 17 .., measures or indicate the frequency of the action, and the perSOh or persons responsible for implementing or coordinating your storm water management
program. Measurable goals identified in a notice ofintent will not constitute a condition ofthe permit, unless EPA or your State or Tribe has provided or issued a menu ofregionally-appropr;:lte
and field-tested measures which EPA or your State or Tribe believes to be cost-effective, } EPA will provide guidance on developing BMPs and measurable goals and modifY, update, and
supplement such guidance based on the assessments ofthe NPDES municipal Storm water program and research conducted over the next thirteen years. (e) You must comply with other :tppJicable
NPDES permit requirements, standards and conditions established in the individual or general permit, developed consistent with the provisions of sections 122.41 through 122.49, as appropriate.
(f) Evaluation and assessmenr. (I) Evaluation. You must evaluate program compliance, the appropriateness of your identified best management practices, and progress towards achievement
ofyour identified measurable goals. [The NPDES permitting authority may determine monitoring requirements for you in accordance with StatefTribal monitoring plans appropriate to your
watershed. Participation in a group monitoring program is encouraged.] (2) Record keeping. You must keep records required by the NPDES permit for at least 3 years. You must submit your
records to the NPDES permitting authority only when specifically asked to do so. You must make your records (including your storm water management program) available to the public at
reasonable times during regular business hours (see §122.7 for confidentiality provision). [You may assess a reasonable charge for copying. You may require a member ofthe public to provide
advance notice, not to exceed two working days.] (3) Reporting. You must submit annual reports to the NPDES permitting authority for your first permit term. For subsequent permit terms,
you must submit reports in year two and four unless the NPDES permitting authority requires more frequent reports. Your report must include: (i) The status ofcompliance with permit conditions,
an assessment ofthe appropriateness ofyour identified best management practices and progress towards achievement ofyour identified measurable goals for each of the minim un, .vu,roi
measures; (ii) Results of information collected and analyzed, includiflg monitoring data, ifany, during the reporting period; (iii) A sununary of what storm water activities you plan
to undertake during the next reporting cycle; and . (iv) A change in any identified measurable goals that apply to the program elements. §122.35 What ifanother governmental or other
entity is already implementing a minimum control measure in my jurisdiction? (a) You may rely on another entity to satisfy your NPDES permit obligations to implement a minimum control
measure if: (I) the particular control measure (or component thereof) is equivalent to what the NPDES permit requires, (2) the other entity is implementing the control measure, and (3)
you have requested, and the other entity has agreed to accept responsibility for implementation cf http://www.epa.gov/owmitnetlpipesl3.htm 1212197 
Page 140fl7 the control measure on your behalf ofand to satisfy your permit obligation. You must note in your section 122.34(f)(3) reports when you are relying on another entity to satisfy
your permit obligations. You remain responsible for compliance with your permit obligations ifthe other entity fails to implement the control measure (or component thereof). Therefore,
EPA encourages you to enter into a legally binding agreement with that entity if you want to minimize any uncertainty about compliance with your permit. (b) Where appropriate, the NPDES
permitting authority may recognize existing responsibilities among governmental entities for the minimum control measures in your NPDES permit. [For example, a State or Tribe may be
responsible for addressing construction site runoff and municipalities may be responsible for the remaining minimum control measures. You are not required to provide notice to the other
governmental entity when your NPDES permit recognizes the entity and its existing responsibilities.] Where the permitting authority recognizes an existing responsibility for one or more
ofthe minimum control measures in your permit, your responsibility to include such minimum control measure, or measures, in your storm water management program is waived so long as the
other governmental entity implements the measure consistent with the requirements of§l22.34(b). §122.36 What happens if! don't comply? NPDES permits are federally enforceable. Violators
may be subject to the enforcement actions and penalties described in Clean Water Act §§309(b), (c), and (g) and §505, or under applicable State or local law. Municipalities in compliance
with NPDES Permits issued under the authority of this rule are deemed to be in compliance with the Clean Water Act under §402(k). § 12237 Will these requirements change in the future?
EPA will evaluate the municipal storm water regulations in this part after {insert date 13 years from date ofpUblication} and make any necessary revisions. [ EPA will conduct an enhanced
research effort and compile a comprehensive evaluation of the NPDES municipal storm water program, EPA strongly recommends that no additional requirements beyond the minimum control
measures be imposed on regulated small municipal separate storm sewer systems without the agreement ofthe owner or operator ofthe affected municipal separate storm sewer system, except
where adequate information exists in an approved TMDL to develop more specific conditions or limitations to meet water quality standards, or until EPA's comprehensive evaluation is completed.
EPA will evaluate the regulations based on data from the NPDES municipal Storm water program, from research on receiving water impacts from storm water. and the effectiveness of best
management practices (BMPS) .J Public Role for the CWA Section 402(p )(6) Storm Water Program §122.38 As a member ofthe public, what is my role under the CWA §402(P)(6) storm water program?
You may: (a) be subject to local storm water program requirements, guidelines, and fees or other payments as authorized under State or local law to finance the program; (b) participate
as an actively involved partner in planning, developing, and implementing storm water programs (for example, participate in public meetings and other opportunities for input, perform
volunteer monitoring (to the extent consistent with other operative laws, including trespass), assist in coordinating the storm water program with other pre-existing and related programs,
and report suspected violators to the municipality, State, Tribe or EPA); 1212/97http://www.epa.gov/owmitnetlpipes/3.htm 
3.htm at www.epa.gov Page 15 of 17 (c) participate as a program advocate (for example, be a proponent of funding initiatives, encourage greater public participation, and aid in develop!ng
educational materials and training activities); (d) exercise your rights and responsibilities to take civil action under §505 of the Clean Water Act. You are strongly encouraged to resolve
any disagreements or concerns directly with the parties involved informally or through any available alternative dispute resolution process prior to initiating legal action. [Should
you fail to resolve your issues through the alternative dispute resolution process and decide to initiate legal action, you would still be required to comply with provisions concerning
prior notice ofcitizen suits (see 40 CFR Part 135).); (e) petition the NPDES permitting authority to require a NPDES permit for a discharge which is composed entirely of storm water
which contributes to a violation ofa water quality standard or is a significant contributor ofpollutants to waters ofthe United States (see §§122.26(f)(2), 122.32(b), and 123.35(c»;
and (f) find out more information by contacting the: (I) NPDES permitting authority, (2) municipal separate storm sewer owner or operator. or (3) local environmental or other public
interest group. Add new paragraph to section 40 CFR I 22.44(s) to read as follows: For storm water discharges from construction sites identified in §122.26(b)(IS)(i), the Director may
include permit provisions that incorporate by reference qualif'ying State, Tribal, or local sediment and erosion control program requirements. A qualif'ying State, Tribal, or local sediment
and erosion control program is one that meets the requirements of a municipal NPDES separate storm sewer permit or a program otherwise approved by the Director. For the Director to approve
such programs, the program must meet the minimum program requirements established under §I 22.34(b )( 4). For storm water discharges identified in §I 22.26(b )( 14lex), the may include
by reference State, Tribal or local requirements that meet the standard of "best available technology" (BAT) as defined, for example, in the storm water general permit. Revise section
40 CFR 1 23.2S(a) to read a, ,vuo",·. (39) Section 122.30 (Whatis the purpose of the 402(p)(6) storm water regulations?); (40) Section 122.31 (As a Tribe, what is my role under the CWA
§402(P)(6) storm water program?) (41) Section 122.32 (As an owner or operator ofa small municipal separate storm sewer system, am I regulated under the CWA §402(P)(6) municipal storm
water program?); (42) Section 122.33 (IfI am an owner or operator ofa regulated small municipal separate storm sewer system, must I apply for a NPDES permit? Ifso, by when do I have
to seek coverage under a NPDES permit? If so, who is my NPDES permitting authority?); (43) Section 122.34 (As an owner or operator ofa regulated small municipal separate storm sewer
system, what will my NPDES municipal storm water permit require?); (44) Section 122.35 (What ifanother governmental or other entity is already implementing a minimum control measure
in my jurisdiction?); (45) Section 122.36 (What happens in don't comply?); (46) Section 122.37 ( (Will these requirements change in the future?); http://www.epa.gov/owmitnetlpipes/3.htm
1212/97 
3.htm at www.epa.gov Page 16 of 17 ,• (47) Section 122.38 (As a member of the public, what is my role in the storm water program?); Add new section 40 CFR 123.35 to read as follows:
NPDES Permitting Authority Role for the CWA Section 402(p)(6) Municipal Program §123.35 As the NPDES Permitting Authority for regulated small municipal separate storm sewer systems,
what is my role? (a) You must comply with the requirements for all NPDES permitting authorities under Sections 122, 123, 124, and 125. [This section is meant only to supplement those
requirements and discuss specific issues related to the small municipal storm water program.] (b) You must develop a process to designate incorporated places, counties, or other places
under the jurisdiction ofa governmental entity other than those described in 40 CFR §I 22.32(a)(1 ) as regulated small municipal separate storm sewer systems to be regulated under the
CWA Section 402(P)(6) program. This process must include the authority to designate a small municipal separate storm sewer system waived under 40 CFR §l23.35(d) ifcircumstances change.
EPA may make designations under this section ifa State or Tribe fails to comply with the requirements listed below. In making your designations, you must: (I) Develop criteria to evaluate
whether a storm water discharge results in or has the potential to result in significant water quality impacts (including habitat and biological impacts). [EPA recornmends as guidance
a balanced consideration ofthe following designation criteria on a watershed or other local basis: discharge to sensitive waters, high growth or growth potential, high population density,
contiguity to an urbanized area, contribution to an exceedance ofa water quality standard (including impairment ofdesignated uses), significant contributor of pollutants to waters of
the United States, and ineffective control of water quality concems by other programs.]; (2) Apply such criteria, at a minimum, to any incorporated place, county, or other place under
the jurisdiction of a governmental entity located outside ofan urbanized area that has a population density ofat least 1,000 people per square mile and a population of at least 10,000;
(3) Designate any incorporated place, county or other place under the jurisdiction ofa governmental entity that meets the selectedcriteria by {insert 􀁤􀁡􀁴􀁾􀀠􀁴􀁬􀀮􀁾􀁥􀁥􀀠years and 90 days from date of fmal regulation}. You may apply these criteria to make additional designations at any time, as appropriate.
You may have until {insert date five years from date offinal regulation} to apply the designation criteria on a watershed basis where there is a comprehensive watershed plan; and (4)
Designate any incorporated place, county, or other place controlled by a governmental entity that contributes substantially to the storm water pollutant loadings of a physically interconnected
municipal separate storm sewer system that is regulated by the NPDES storm water program. (c) You must make a final determination within 180 days from receiving a petition under 40 CFR
§ I 22.32(b ) (or analogous State or Tribal law). If a State or Tribe fails to do so, EPA may make a determination on the petition. (d) You must issue permits consistent with 40 CFR
§§122.32 and 122.33 to all regulated small municipal separate storm sewer systems. You may waive the requirements otherwise applicable to reguhlted small municipal separate storm sewer
systems, as defined in 40 CFR § I 22.32(a)(I), if the jurisdiction ofthe small municipal separate storm sewer system includes a population of less -::han 1,000 persons, its discharges
are not contributing substantially to the storm water pollutant loadings ofa physically interconnected regulated municipal separate storm sewer system (see §123 .35(b)( 4», and the owner
or operator of the small municipal separate storm sewer system has certified that storm water controls are not needed based on: http://www.epa.gov/owmitnetlpipes/3.htm 1212197 
3.htrn at www.epa.gov Page 17 of 17 .'. (I) a waste load allocation that is part of a "total maximum daily load" (TMDL) that addresses the pollutants ofconcern; or (2) a comprehensive
watershed plan, implemented fo. the waterbody, that includes the equivalent of a TMDL, and addresses the pollutants of concern. (e) You must specify a time period of up to 5 years from
the date ofpermit issuance for small municipal separate storm sewer system owners or operators to fully develop and implement their storm water program. (t) You must include the requirements
in 40 CFR §122.34 (except as modified in accordance with 40 CFR §122.35) in any permit issued for small municipal separate storm sewer systems. [You may include permit provisions in
a small municipal separate storm sewer system NPDES permit that incorporates by reference qualifying local, State or Tribal municipal storm water management program requirements that
address one or more of the minimum controls of 40 CFR §I 22.34(b ). Qualifying local, State or Tribal program requirements must impose, at a minimum, the relevant requirements of 40
CFR §122.34(b).] (g) Ifyou issue a general permit to authorize storm water discharges from small municipal separate storm sewer systems, you must provide or issue a menu of regionally-appropriate
and field-tested measures which you believe to be cost-effective from which small municipal separate storm sewer systems can select. If a State or Tribe fails to provide or issue the
menu, EPA may do so. (h) In addition, you must incorporate other measures necessary to ensure effective implementation of your State storm water program for regulated small municipal
separate storm sewer systems: (1) to the extent that there is a dedicated funding source, you should play an active role in providing financial assistance to local municipalities; (2)
you should support local programs by providing technical and programmatic assistance, conducting research projects, performing watershed monitol',ng, and providing adequate legal authority
at the local level; (3) you are encouraged to coordinate and utilize the data collected under several programs including water quality management programs, TMDL programs, and water quality
monitori.ng programs; (4) where appropriate, you may recognize existing responsibilities among governmental entities for the control measures in a NPDES small municipal storm water permit
(for example, you may designate a county as being responsible for addressing construction site runoff and towns or cities as being responsible for the remaining minimum measure); and
(5) you are encouraged to use a brief (for example, two page) reporting format to facilitate compiling and analyzing data from submitted reports under 40 CFR §122.34. (EPA will develop
a model form for this purpose.) http://www.epa.gov/owmitnetipipesl3.htm 1212/97 
• 
.,' '".. ", .' " . . ':'." , '-. T he 􀁎􀁾􀁲􀁴􀁨􀀠Central Texas 􀁃􀁯􀁵􀁮􀁾􀁩􀁬􀀠of Gov.ernments js the state,desijPlated 􀁜􀁶􀁡􀁴􀁾􀁲􀀠quality 􀁭􀁡􀁮􀁡􀁧􀁾􀁮􀁩􀁥􀁮􀁴􀀠. planmng agency
forthe'urbamzed portIOn ofthe'Dallas -Fort Worth l\Iletroplex .. For the past thirty years, NCTCOG has conducted an active planning and services program. With its 200 member local governments
on water quality issues. Since 1989, NCTCOG has worked with the.seven largest Cities and two '&DOT. districts in the region to develop and implement a regional strategy to address the
1990 National Pollutant Discharge Elimination System (NPDES) Phase I Rule for storm water. Storm water runoff has become the focus of many nation-wide regulatory efforts to address remaining
water quality problems. Original NPDES efforts to improve water quality through reducing pollutants in industrial wastewater and municipal sewage treatment plant discharges have been
very successful, but failure to meet water quality standards continues to be a widespread problem. Storm water runoff from urban areas and agricultural land has been determined to be
a major cause of water quality impairment, including the inability of surface waters to meet their state-designated uses to support recreation, aquatic life, and domestic water supply.
An expanded, watershed-based, regional effort is now underway to include the additional cities and counties in the Metroplex'surbanized areas that are impacted by emerging regulations
for storm water, total maximum daily loads (TMDLs), and drinking water source water protection initiatives by state and federal agencies. On the recommendation of the Regional Storm
Water Management Coordinating Council, NCTCOG's Executive Board adopted this unified strategy. Policy Position on Managing Urban Storm Water Quality Local government agencies in North
Central7exas are dedicated to protecting tlw. region's waters by addressing both the quantity and quality ofstorm water runofffrom . urban areas_ TJ.e agencies within the urbanized areas
ofthis ofthis regitJn are committed to . implementing'a cooperative and comprehensive program to manage storm water'runoff 'to maximize the utilizaiion oftlw region's lakes, streams,
and rivers for drinking water supply, recreation, fish and wildlife habitat, and economic opportunity. . State and Federal Mandates to Address Urban Storm Water Quality 􀀢􀀧􀁾􀀬􀀠-'
-'. .􀁾􀀠􀁾􀀬􀀠􀁾􀀢􀀢􀀠􀁾􀀠-,'. Inaddition to this Policy, the Regional Strategy is designed to address the follOwing statu'tory requirements regarding urban storm water quality: . Section
402(p) of the Clean Water Act, NPDES Phase I and Phase II Rules Phase I, initiated in 1990, requires municipalities of 100,DOO'population or greater to obtain permits for their separate
storm water systems. Phase II is designed to address storm water discharges from the separate storm water systems of jurisdictions within urbanized areas having population under 100,000
and other jurisdictions designated by the EPA. These rules, signed in October 1999, reqUire regulated municipalities to develop management programs to reduce the discharge of pOllutents
from their separate storm water systems to the "maximum extent practicable." The Texas Natural Resource Conservation Commission (TNRCC) has assumed delegation of the storm water program
fTom EPA and wili continue to develop state regulations under the Texas Pollutent Dischlirge Elimination System (TPDES) program. 
Section 303(d) of the Clean Water Act -requires states to: 1) identifoy and list waters that do not meet· water quality standards; 2) establish priority rankings for the waterbodies
listed; and 3) develop total maximum daily loads (TMDLs) for targeted waters, taking into account the severity of the pollution and the water usage. The TNRCC has included stream segments
in the NCTCOG region on the 303(d) list and is addressing these segments through TMDL development, targeted monitoring, special water quality studies, and source water protection efforts.
Safe Drinking Water Act Source Water Protection -requires each state to develop a source water assessment and protection (SWAP) program which: 1) delineates the boundaries of the areas
providing source waters for public drinking water systems; and 2) identifies (to the extent practicable) the origins of regulated and certain unregulated contaminants in the delineated
area to determine the susceptibility of public water systems to such contaminants. Public water systems may be required by TNRCC to implement a mandatory Best Management Practice (BMP)
program or to pursue regulatory options to control nonpoint source contamination ofsurface waters within the designated area should voluntary BMP efforts ·and education programs fail.
. . Section 319(h) of the Cleali Water Aet -requires states to address water pollution .by developing nonpomt SOurce pollution assessment reports that identifoy nonpoint source pollution
problems and the sources responsible for the water quality problems, States must then !'Ie"elop watershed management programs to control·nonpomt source pollution.· .. . Section 26.177
of the Texas Water Code -requires cities with 10,000 inhabitants or more, where water pollution attributable to non-permitted sources in the city has been identified, to establish water
pollution control and abatement programs. The TNRCC uses water quality assessment studies such as those conducted through the Clean Rivers Program, the State Water Quality Inventory,
and the ''fMDL process to identifoy problem watersheds. Targeted cities are responsible fortbe "development and execution of reasonable and realistic plans" to control storm water discharges
and urban runoff, Cities must also develop an inventory of all significant waste discharges (permitted and non-permitted) into and adjacent to water within the city, and conduct regular
monitoring of such discharges. 􀁩􀁉􀁉􀁾􀁩􀁩􀁦􀁬􀁊􀀢􀁬􀀡􀁡􀀬􀁮􀀮􀀠SfOpn Water Q'!iillty are to: 􀀮􀁾􀀻􀀠. . -.". . . Cooperative Initiatives , • .... ? '". • .," '. ' " , • .. Local governments,
through the North.Central 􀁔􀁥􀁾􀁡􀁳􀀠􀁃􀁯􀁕􀁮􀁣􀁩􀁬􀁯􀁻􀁇􀁯􀁶􀁥􀁾􀁥􀁮􀁴􀁳􀀬􀁷􀁩􀁬􀁬􀁩􀁲􀁯􀁰􀁬􀁥􀁭􀁾􀁮􀁴􀂷􀁴􀁨􀁩􀁳􀁒􀁥􀁧􀁩􀁯􀁮􀁡􀁬􀀠. Strategy by developing and implementing,.to the
greatest extent possible, a cooperative program comprised of the· following. major elements: . . . Local Government Participation and Oversight Guidance for the development and implementation
of the regional program is provided by the Regional Storm Water Management cOordinating Council (RSWMCC), an advisory body comprised of local government officials, The membership structure
of the Council is designed to be representative of the vanous sizes of communities· and the geographic distribution of entities among regionally defined watersheds. . Through the regional
progr.am, roun:dtable discussions are held in each watershed to provide an opportunity for eicIiange of information betwee" program. participants, RSWMCC members, andNCTCOG staff.. RSWMCC
members are then able to refleCt the interests of their watersbed in regular meetiogs beld to guide theregional strategy: In addition, regular forums are conducted to provide information
to all participants and other interested parties on special topics, including specific elements of the regulations. 
Regional Storm Water Resource Center The field of storm water quality management is relatively new and is changing continuously. In order for. governmental agencies tn make informed
decisions, they must have access to cutting-edge information Jrom around the country, as well as information on what their neighbors are doing. In addition, agency staffs need tn be
able to effectively communicate proposed policies to their managers, councils, and the public. Resource Center staffat NCTCOG could research, acquire, and ,atalog storm' water management
infor'1'titfcn. including manuals, guidebooks, public education materials, reports, and arti.eies, as well as drainage criteria.' manuals and storm water management programs from reguiated
cities. Local governments in. the regio;" coiild be periodically surveyed on their starin water managementprogrO;ms ana 􀁴􀁨􀁥􀁦􀁩􀁮􀁤􀁩􀁮􀁧􀁳􀁷􀁯􀁵􀁬􀁤􀂷􀂷􀁢􀁥􀁲􀁥􀁰􀁾􀁲􀁴􀁥􀁤􀁊􀁯􀂷􀁬􀁯􀁣􀁡􀁬􀀠.
. ogimcies, The R!!sourceGenter could maintain an updatedln!ernet presence.and pro';ide custom-generated maps, . charts, arid other presentatim; materials to participants.' ''', .....
.' ..... . Public Pal'ticipation in Program Development . Involvement ofthe public in the development 6f programs to control the quality ofstorm water is important tn the ultimate· success
of the programs.. Individual citi7.ens, members of the development and constroction community> representatives of environmental organizations, and representatives cif other civic and
interest groups need to be given the opportunity to participate in the program formulation process. A concerted effort could be undertaken to identify and inform interest groups throughout
the Metroplex ofthe efforts underway. Stakeholders could be invited to fully participate at the watershed meetings; attend regional forums, and to provide comments at meetings of the
RSWMCC. When appropriate, the RSWMCC and NCTCOG staffcould provide their expertise to participating members who wish to hold public meetings in their communities to get local input on
development oftheir local requirements, Public Education Education of the public on the impact of their everyday activities on the quality of stnnn water is a key element of the storm
water program. Citizens must be made aware of the potential hazards associated with their household' practices: Education on the proper usage oflawn and garden, household, automotive,
and pool chemicals and proper disposal of these household hazardous wastes could be major elementS oithe public education program. In addition, non-pennitted commercial, institutional,
and industrial entities whose operatioris could have a significant impact on stnrm water quality also need to be ·informed of t\leir potential impacts and. Practical ways to mitigate
these impacts. . . " . Opp'ortunities abound to reach citizens andbusinesses.throughout·theMetroplex in a coordinated program .. Regional education and outreach programs can be more
economical and effective than initiatives. by indiuid.ual agencies. Public outreach. activities to be promoted through the regional program could include radW and teievision campaigns,
public service announcements, video production,' outreach progr"ms at sr:hools, health' fairs and festivals; brochure and flier' development, web·site development, ana (lthers;' ,..
. . Control of Construction Site Storm Water Runoff .Construction activities can have aI!1ajor impact on tne 􀁨􀁥􀁾􀁴􀁨of the 􀁥􀁣􀁾􀁹􀁳􀁴􀁥􀁭􀁳􀀠ofour str<iaiO.s,rivers, and . reser;\ioirs..
Sediment 'carried frOm construction sites by storm water 'runoff is deposited on the bottom of 􀁳􀁴􀁲􀁥􀁾􀁳􀀠and. rivers, and oollects iIfreservoirs, reducing their storage capacity.
Practices tn controUhe runoff ofsediment and other pollutiuits from constnlCtion'sites have provento'be effective and·are 􀁧􀁡􀁩􀁮􀁩􀁮􀁧􀁡􀁾􀁣􀁥􀁰􀁴􀁡􀁮􀁣􀁥􀀠in·the· . construction industry
as the,EPA and many'local goverirmerits implement runoffcontrol.r!lquirements.· . 'As with any other.aspect ofthe construction process, uni{orn:.iiy ofpolicies to control storm water
runofffrom, construction sites throughout the Metroplex is very bimtificial to contractors, developer.s, and.engineers who often work in many different communities. Regional wii{iJrmity
also strengthens the positign ofthe region ciS a ·whole to compete with other .areas ofthe·country. The regional program could continue to offer .training classes to local government
storm water inspectors. This training program could also be offered to. developers, . 􀁥􀁮􀁧􀁩􀁮􀁥􀁥􀁲􀁳􀁾􀀠and contractors in"oolved in construction acttvities in order to educate the"priyate
sector on runoff . cOl;trot techniques .. The Construction BMP Manual, which is recommended lor adoption by all jurisdictions, 'could be periOdically updated to reflect the latest changes
in construction Best Management Practices. Additionqi materials such as a model o.rdinance for· control ofstorm water fro;" construction' activiii'"s could be developed. 
Management of Storm Water Impacts Associated with Development In addition to the temporary impacts of construction activities on the quality of storm water, development of land typically
causes permanent impacts on both storm water quantity and quality. The amount of runoff from developed land will generally exceed that of undeveloped land and has been shown through
the DFW regional monitoring program to contain higher levels of pollutants such as oil and grease, metsls, nutrients, and sediment. Reducing the amount of pollutants in storm water discharges
at the source through proper planning and design is often inore efficient and cost-effective than trying to address polluted storm water after it has entered the storm sewer system.
The impact of development has been addressed in other regions of the country through: 1) source controls such as reducing impervious surface. using natural drainageways instead of concrete
channels, and maintaining buffers along streams; and 2) treatment controls such as ponds or basins for large developments. There are at least three key' areas where local governments,
working cooperq,tively and with the priv{lte sector; could . improve their own development management prOC€f?ses to integrate storm water quality and quantity g£?als: . ' 1) comprehensive
planning, where storm water qu.ality and quantity are addressed together as part ofthe overall long-range planning process ofeach community; 2) development pollcies and standards, where
Ihe/ull range-of local requirements from building codes to subdivision rules are 􀁲􀁥􀁾􀁥􀁸􀁡􀁾􀁩􀁮􀁥􀁤􀀻􀀠and 3) capital improvements programming' and impact fees, where locol governments
themselves. are "developers" ofthe community infrastructure. Illicit Discharge Detection and Elimination Discharges from storm sewers often include waste from non-storm water sources,
including improper or illegal connections from homes or businesses and infiltration of flow from broken sewer mains. TIlicit discharges are so-named because storm sewers are not designed
to accept and process raw sanitary wastes or discharges of waste water from autoIl'l:0hile service stations, car washes, or light industrial facilities, The regional program could assist
local jurisdictions in the detection and elimination ofillicit discharges through the fallowing: 1) technical assistance in mapping major storm sewer outfalls (geographic informatio.n
system (GIS) and . global position system (GPS) training and support); 2) technical assistance in detecting illicit discharges in dry weather flows (field·screening training and suppor!);
3) tracking ofcitizen complaints through the Stop Illegal Dumping regional hotline; 4) development ofa model ordinance to prohibit illicit discharges; and 5) assistance with education
ofthe public on the hazards a.9sociated with illegal discharges (to be addressed as a component of the public education measure described, above). Municipal Pollution Prevention Local
governments· must lead by example if they are to succeed in changing the practi.ces and habits of businesses and residents.· 'Ibward this end, the goal of governments must be to prevent
or reduce pollutant runofffrom . municipal operations including streets, highways, municipal parking lots,mainienance facilities, storage yards, and waste. transfer stations. Agencies
must also remove· floatables and other pollutants discharged from storm sewers· and develop procedures for proper disposal ofthose wastes. .. -. ThrolJgh the. regional program, a regu;mal
guidance manual could be developed, to be adopted by ·individual entities, which would provide for 􀁣􀁯􀁳􀁴􀀭􀁥􀁦􀁦􀁾􀁣􀁴􀁩􀁶􀁥􀀠cOIi.trol.of POllutants from a wide range ofmunicipal
operation... In addition, ari exp.onded Internet web site, a training program and educational materials could be developed for training municipalj agency employees on the requireTnl!nls
and resulting benefits ofthe pollution prevention program, Regional Cooperative Monitoring Infonnation on the qualit; of storm water discharges and receiving waters is the 􀁭􀁾􀁳􀁴􀀠definitive
method for determining the success of a storm water management program. Baseline water quality data prior to implementation.ofthe program followed by periodic and strategic monitoring
proyjde a measure of-program performance. Several monitoring efforts are currently underway in the Upper Trinity River Basin, including the Phase I regional monitoring program, Trinity
River AuthOrity sampling umler the Clean Rivers Program, and state eV;duation of TMDL impacted streams. During .the early 1990's, the Phase I regional monitoring program was one of the
most extensive storin water quality monitoring programs in the nation and proyjded the needed baseline information. In addition to monitoring for permit· compliance, the regional program
could also faeilitate the sharing ofmonitoring data among government agencies by fostering cooperation in the sample collection. quality assurance protocols; and analysis ofwater sampLes.
Adopted July 22, 1999; reprinted 􀁄􀁥􀁣􀁥􀁭􀁾􀁥􀁲1999