/I 􀁾􀀠 
.' TEXAS CITIES COALITION ON STORMWATER PO Box 1568 Austin, Texas 78768-1568 (512) 4(l4..7800 Fax 1512\703-2785 To: TCCOS Participants From: Jim Mathews Joe Freeland Re: Status Report
Date: April 22, 2004 Appeal to the Supreme Court The Coalition's petition for Writ of Certiorari has been filed and docketed with the United States Supreme Court (Docket 03-1 I 25)(http://www.supreme
courtus.gov/docketJ03-1 I 25.htm). A copy of the Petition can be found on the Coalition's web page http://www.mandf.comitccos. The next step in the process is for the Court to decide
whether to grant or deny the Petition. At the request of the Solicitor General, the Supreme Court has twice extended the deadline for the other parties in the suit to respond to the
Coalition's petition fur Writ of Certiorari. The current deadline is May 7, 2004. Assuming that the Solicitor General files EPA's response on May 7lh, we can expect a decision on the
Petition in June. If the Petition is granted, we will then have 45 days to file a brief and and a joint appendix with record excerpts. EPA's reply brief would then be due 30 days later.
Argument before the Court, ifgranted, would not be until the Court's next term, which starts in October. EPA Activities EPA did not appeal that part of the Ninth Circuit's decision holding
that portions of EPA's Phase 2 rule relating to the processing of a notice of intent (NOl) violates the Clean Water Act. Specifically, the Ninth Circuit held that NOIs are the functional
equivalents of permit applications and EPA or other permitting authorities must review the NOI to determine compliance with the "maximum extent practicable" standard and make NOls available
to the public and subject to public hearing requirements. EPA's long-promised guidance for the regions and delegated states about how to proceed in light of the Ninth Circuit's decision
was finally issued on April 16, 2004 (copy attached). The guidance directs the regions and states to: (1) provide public notice of NOIs, at least 30 days befure authori2ation to discharge,
by posting NOIs or information on how to obtain NOls on the web, or by publishing public notices in newspapers or in any other effective mauner; (2) provide an opportunity to request
a public hearing on the NOI; and (3) conduct an "appropriate" review of NOIs to ensure consistency with the permit, without actually approving the NOI or the minimum measures. This guidance
does not appear to fully comply with the Ninth Circuit's opinion particularly with regard to the review to be performed by the permitting authorities. The Court expressly held that permitting
authorities must determine, for each NOI, whether the minimum measures selected by the permittee will in fact satisfy the "maximum extent practicable" standard. EPA's guidance 
merely suggests that the permitting authorities review the Nor for consistency with the permit. In fact, EPA's guidance suggests that the permitting authorities should never actually
"approve" an NOI, which we assume to mean that the permitting authority should never actually determine whether the submitted minimum measures meet MEP. This approach does not give the
enviroumental groups what they wanted and fails to provide permittees with the protection that they would receive if the permitting authority actually determined that the submitted plan
met MEP. We have argued from the beginning that permittees should get the full "permit shield" that can only be obtained from an affirmative determination by the permitting authority.
With such a shield, permittees would be protected from mid-term re-determinations of the MEP standard. This would prevent inspectors from coming on site and continuously determining
that additional minimum measures are necessary. EPA's guidance regarding the opportunity for public hearing also appears to greatly exceed the scope of what can be accomplished by "guidance"
rather than through "rulemaking." EPA recommends that permitting authorities include permit language that explains the standard by which the NOI will be judged and the procedures that
will be used. Such standards and procedures arguably cannot be established through the terms of a permit. The guidance will substantially increase the burden on permitting authorities.
Hopefully, the permitting authorities will finally realize that the requirements to review and provide the opportunity for hearing for every NOI will be an expensive undertaking, particularly
if all regulated small MS4s (including school and other districts) submit NOls. We should be able to use this guidance document to gain some allies to lobby EPA, during the upcoming
rulemaking regarding these issues, to move the Phase 2 program out ofthe NPDES program. TCEQ Activities TCEQ has taken no action to finalize its general permit for small MS4s because
TCEQ has has been waiting for EPA to issue guidance. TCEQ continues to process renewal ofPhase 1 permits, but has not yet issued any such permit renewals. Other States The North Carolina
Rules Review Commission overturned the state environmental agency's Phase 2 rules. The Commission's principle reason for overturning these rules was that the agency did not have statutory
authority to force local governments to adopt regulatory ordinances. The Commission's decision is currently being challenged in North Carolina state district court. Suggested Near-Term
Activities With the issuance of this guidance, TCEQ may feel compelled to issue a final general permit. Therefore, the Coalition needs to help TCEQ develop a position regarding EPA's
guidance by meeting with TCEQ Commissioners and key staff members as soon as possible. Please contact the Steering Committee to express your views on how the Coalition should proceed.
A listing of Steering Committee members and other information may be found at the Coalition's web page httn:llwww.mandf.comltccos . 2 
April 16, 2004 MEMORANDUM Subject: Implementing the Partial Remand ofthe Stormwater Phase II Regulations Regarding Notices ofIntent & NPDES General Permitting for Phase II MS4s From:
James A. Hanlon lsI Director, Office of Wastewater Management To: Water Management Division Directors, Regions I -X The purpose ofthis memorandum is to provide guidance on implementing
a partial remand ofthe Stormwater Phase II regulations. The U.S. Cowt ofAppeals for the Ninth Circuit recently denied EPA's petition for rehearing in the Phase II litigation. Environmental
Defense 􀁾􀁥􀁮􀁴􀁥􀁲􀀮􀀠et al. v. EPA, No. 70014 & consolidated cases (9th Cir., Sept. 15,2003). The Department ofJustice has informed us that further review by the U.S. Supreme Cowt
is not available. This memorandum provides interim guidance to EPA and State NPDES permitting authorities pending a rulemaking to conform the Phase II rule to the cowt's order. The Relevant
Provisions ofthe Rules This case challenged the NPDES stormwater regulations issued pursuant pursuant to Clean Water Act ("CWA") section 402(P)(6). That section directs EPA to "establish
a comprehensive program to regulate" stormwater discharges designated by EPA. We commonly describe these regulations as stormwater "Phase II." The regulations require NPDES permits for
discharges from certain munieipal separate storm sewer systems ("MS4s'') for which NPDES permits were not required under CWA section 402(p )(2) and the Phase 1 regulations. The Phase
II regulations require that MS4s reduce the discharge ofpollutants "to the maximum extent practicable" (or "the MEP standard"). The regulations also require the MS4s to develop, implement
and enforce a stormwater management program containing, among other things, best management practices ("BMPs") identified by the discharger. The regulations authorize the use of"general
permits" and require that these BMPs (as well as measurable goals associated with these BMPs) be identified in the Notice ofIntent ("NOr') filed by the MS4 in seeking authorization under
under a general permit. Relying on the "traditional" general permit model, the Agency did not require NOls to be subject to public hearings. 
'. The Ninth Circuit's Decision The Ninth Circuit held that these NOI requirements violated various provisions ofCW A section 402. They concluded that "the EPA's failure to require review
ofNOIs, which are the functional equivalents ofpermits under the Phase nGeneral Permit option, and its failure to make NOIs available to the public or subject to public hearings contravene
the express requirements of the Clean Water Act." The remand raises important questions regarding the procedures that would be appropriate for authorization of Phase nMS4 discharges
other than through an individual permit. . In denying EPA's motion for rehearing the court "vacated" the portions of the Phase n rule that address the procedural issues relating to the
general permitting option for Phase n MS4s. Therefore, the Agency needs to take affinnative action to clarify the general permitting option for Phase nMS4s. In any such action, we believe
it is imperative that implementation of the MEP standard remain an "iterative" process that optimizes the reduction of stormwater pollutants, rather than a static pollution reduction
requiremcnt. In looking at options for implementing the court's decision, we want to continue to provide States with maximum flexibility. Some State Phase nMS4 permitting procedures
already appear to meet the court's intent and will not need changes. However, the general permits and procedures ofother States, along with the provisions developed by EPA in States
where EPA has program implementation responsibilities, will need to change. To assist MS4 permitting authorities in moving forward with implementing program revisions where needed, EPA
provides the following recommendations to address the court's dccisiun. Guidance for Issuance ofNew General Permits I. Public ayailability ofNOIs The Phase nrules already require that
Phase nMS4 permittees make the records oftheir stormwater management plans publicly available at reasonable times during regular business hours. 40 C.F.R. 122.34{gX2). NOIs (whieh essentially
summarize stormwater management plans) should also be made publicly available. Permitting authorities can ensure the public availability ofPhase nMS4 NOIs by providing notice on the
web of the facilities applying for coverage under a general permit with either an electronic posting ofthe NOIs or information on how NOIs can be accessed. NOIs could also be public
noticed in a newspaper, or by another effective manner. Unless a permitting authority has already otherwise incorporated public notice procedures into its processes for issuance ofPhase
nMS4 general permits, NPDES agencies that have not yet issued final permits should include permit language explaining that (and how) NOIs will be made available to the public with sufficient
time to allow for meaningful public comment. EPA recommends that permitting authorities make the NOIs available to the public at least thirty days before authorization to discharge.
2 
2. OI!I!ortunity for I!ublic hearing The court's decision requires that the public be given an opportunity to request a public hearing. Ifthe Phase II MS4 general permittee provides
public notice for the NOI, the permitting authority will still need to provide the public an opportunity to request a hearing. EPA recommends that permitting authorities include permit
language explaining the process for requesting a public hearing on an NOI, the standard by which such requests will be judged, the procedures for conducting public hearing requests that
are granted, and the procedures for permitting authority consideration ofthe information submitted at the hearing in determining whether to grant authorization to discharge to the submitter
ofthe NO!. If a public hearing is requested, the permitting authority should consider both whether to grant a hearing and the range ofoptions for the conduct of the hearing, including,
for example, a single public hearing for consideration of multiple Phase II MS4 permittee NOIs. 3. Permitting Authority reviews ofNOIs The permitting authority will need to conduct an
appropriate review ofPhase II MS4s' NOIs to ensure consistency with the permit. General permits should, to the extent practicable, specify in objective terms what is expected ofa Phase
II MS4 in order to meet the MEP standard. Due to the iterative nature ofthe MEP standard, we do not believe offieial "approval" ofNO Is is necessary, but the general permits will need
to specify when authorization occurs, such as after notice from the permitting authority that review is complete, or after a specified waiting period. EPA notes that this process does
not preclude the permitting authority from denying an MS4 authorization to discharge. Either ofthese timing options should provide the permitting authority with sufficient time to review
NOIs, to ensure that NOIs have been publicly available, and that there has been an opportunity to request a public hearing to provide input. Guidance for General Permits Already Issued
for MS4s MS4s Permitting authorities that already have issued general permits should determine the most effective way to provide public notice and review ofMS4 NOIs. Unless a permitting
authority has already otherwise incorporated such procedures into its processes for issuance of Phase II MS4 general permits, NPDES agencies that have issued final permits should: •
List on the State or EPA Region's web site those MS4 permittees who have submitted NOIs and how NOIs can be reviewed by the public. Include information on how comments can be submitted
and a hearing can be requested. Ifa public hearing is requested, the permitting authority should consider both whether to grant a hearing and the range ofoptions for the conduct of the
hearing, including, for example, a single public hearing for consideration of multiple Phase II MS4 permittee NOIs. • Conduct an appropriate review of submitted NOIs (to determine compliance
with the permit) and contact the MS4 when changes appear to be needed. MS4s continue to have an obligation to apply for permit coverage, whether under an individual NPDES permit or an
NPDES general permit. We do not believe that the court ruling 3 
creates legal vulnerability for violations of the CWA for Phase II MS4 permittees that have filed timely applications, whether or not authorization has been granted. The Phase II regulations
establish application deadlines, not authorization deadlines. Even when Phase II MS4 permittees are authorized, the regulations do not require immediate compliance with the MEP standard,
i.e., development and full implementation ofthe Phase IT MS4 stormwater management program. Instead, the permitting authority specifies the applicable time period, which maybe be as
long as five years aftcr permit issuance. We request that you communicate this guidance to States within your Region which are authorized to administer the NPDES program. Ifyou have
questions or concerns, please contact Linda Boornazian at (202) 564-0221 or Wendy Bell at (202) 564-0746. cc: Ben Grumbles, OW NPDES Branch Chiefs, EPA Regions I -X Susan Lepow, OGC
Mark Pollins, ORE Robbi Savage, ASIWPCA 4 
TPDES Draft Small MS4 Permit, Comments Part I. Definitions Construction Site Operator There is a difference in the definition of "construction site operator" between the draft TPDES
MS4 and Construction permits. In the draft MS4 permit TCEQ defines an operator as someone who has control over construction plans and specifications AND that has day-today operational
control of the site. Under the Construction permit. the definition includes anyone with control over plans OR day-to-day operations as an operator. TCEQ may want to consider a different
term for the Construction Site Operator for the purposes of the MS4 permit. possibly "Municipal Construction Activities Operator." to avoid confusion. This definition may be a good candidate
for guidance provided in a companion guidance document to the final rule. If the intent is that a municipal official have oversight authority over BMP design. installation and maintenance.
guidance stating this would be helpful. Example language for contracts with construction vendors should be considered for a guidance document also. Co-permittee Reference is made to
Co-pennittee at V.B.2.j. (Annual Report). The potential relationship between a permittee under the general permit and a permittee under an individual permit is not clear in the permit.
(The term co-permittee is not found in any other part of the permit. This may be an issue for a guidance document.) Daily Maximum The term Daily Maximum that is used to describe sampling
requirements at Part IV. (Numeric Effluent Limitations) and also at Part VII. D. (Authorization for Municipal Construction Activities) is subject to interpretation. A clear definition
should be included in the permit. Industrial Activity The term Industrial Activity as used at Part III. A. 4. (e) (Good Housekeeping minimum measure) is subject to interpretation. A
clear definition should be included in the permit. Major Outfall The term Major Outfall creates concern in that it requires an area calculation to be made for determining an outfalls
status. This puts a heavy requirement for accurate mapping on MS4s that have limited resources for mapping. Major Outfall could be defined in a less stringent manner. or the mapping
requirement at III. 3.(d}(2) could be an option to mapping all outfalls as in the NPDES requirements. The limited resources of small MS4s are likely more suited to identifying all outfalls
as opposed to identifying those meeting speCific drainage criteria. Major Waters The term Major Waters as used at Part II. D. 4. (b) (9) (contents of NOI, site information) is subject
to interpretation. A clear definition should be included in the permit, or if not defined in the final rule. guidance on this term should be provided in a guidance document companion
to the final rule. 11/14/02 
Notice of Change (NOC) The term Notice of Change should be defined in the permit, or if not defined in the final rule, guidance on this term should be provided in a guidance document
companion to the final rule. Notice of Termination (NOT) The term Notice of Termination should be defined in the permit, or if not defined in the final rule, guidance on this term should
be provided in a guidance document companion to the final rule. Outfall The term Outfall should be defined in the permit, or if not defined in the final rule, guidance on this term should
be provided in a guidance document companion to the final rule. 11/14/02 2 
Part II. Permit applicability and Coverage II. A. 1. MS4s Located in an Urbanized Area Do permit requirements apply to the entire system of an affected MS4? Federal NPDES permit requirements
are specific to the designated urbanized area and do not apply to all of the affected MS4. The TPDES permit specifies, "Small municipal separate storm sewer systems located in the state
of Texas may discharge directly to surface water in the state only according to monitoring requirements and other conditions set forth in this general permit ... 􀁾􀀠This seems to intend
that an MS4 meeting the eligibility requirement at Part II. A. 1. (An MS4 that is fully orpartially located within an urbanized area ... ) must apply permit requirements to all discharges
of the MS4, whether in the urbanized area or not. II. C. 1. Discharges Authorized by Another TPDES Permit The NPDES permit requires that an MS4 covered by an individual permit provide
the total square miles of the system [122.33 (b)(2)(i)] if seeking coverage under the general permit TPDES does not. Is this intentional? II. D. 1. Application for Coverage Permittees
get provisional authorization 2 days after the NOI is postmarked for delivery to TCEQ (24 hrs after confirmation receipt tor electronic NOI). No timeframe is given for TCEQ review of
NOI submittal (Executive Director response). Does provisional authorization give approval for the submitted SWMP such that a municipality can implement the SWMP with an understanding
that it is in compliance with the general permit? II. D. 1. a} MS4s Located in an Urbanized Area Does not address the event of the permit effective date occurring after December 9. Does
the 90-day timeframe tor submittal of the NOI apply for effective permit dates later than December9? II. D. 4.(b} Contents of the Notice of Intent (1) The site information request for
"the name, physical description, and latitude and longitude of the approximate center of the MS4" is impractical. Unlike most cities, urban counties are not likely to have a contiguous
boundary to define the urbanized area. If a lat/long is needed to attach GIS information, a county may specify a generic location for data purposes, or the TCEQ may select a point from
the urbanized area map. If a change is the final rule is not made, guidance on this point should be provided in a companion guidance document to the final rule. (5) The requirement for
contact information for ".. .any person(s} responsible for implementing or coordinating the SWMP" is ambiguous. The word any should be changed to designated to clarify and make this
practical to implement. . (9) The reqUirement to list " ... all major water(s} receiving discharges form the MS4" is ambiguous. The term major water(s} must be defined, or might be changed
to waters of the U.S. to clarify. (10) The term major water(s} must be defined. II. D. 5. Notice of Change (NOC) The term relevant is unclear and could be seen as an opportunity for
the TCEQ to define what is required (and hence what is compliant) on a case by case basis. All the information submitted as part of the NOllisted under II.D.4. seems relevant. Consider
removing the term relevant. 11/14/02 3 
II. E. 1. (b) Responsibilities The language in this paragraph may be slightly misleading and may discourage cooperative efforts by implying that failure of a cooperative partner would
necessitate enforcement against the MS4 that had expected to receive the benefit of the cooperative arrangement. A possible language change might be as follows: Each permittee is entirely
responsible for meeting SWMP requirements within the boundaries of their MS4, to include providing a schedule for alternative SWMP components if a cooperative partner fails to provide
expected components. II. G. Designation Criteria TCEQ is applying the designation criteria to ALL entities and not limiting it to EPA's suggestion of entities with a population of at
least 10,000 and 1,000 persons per square mile, nor to consideration of high growth potential or contiguity to an urbanized area. The designation criteria list should be more specific
in whom it addresses. The wording with consideration leaves room for questions and interpretetion, and therefore there is no simple way to determine if your community may be designated.
11/14/02 4 
Part Ill. Storm Water Management Program Minimum Control Measure: III. A. 1. Public Education Comparison of 􀁦􀁥􀁤􀀢􀀬􀁲􀁡􀀢􀀢􀁉􀀽􀀬􀀭􀀬􀀬􀀭􀀽􀀽􀀢􀁔􀀽􀀢􀀭􀀱􀀮􀀺􀁣􀀺􀀮􀀮􀀮􀀻􀀺􀀽􀀽􀀽􀁾􀀻􀀭􀀻􀀺􀀠􀀽􀁾􀁾�
�􀀽􀀭______-,NPDES Public education and outreach on storm water impacts. (i) You must implement a public education program to distribute educational materials to the community or conduct
equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. 1. Public
Education and Outreach on Storm Water Impacts (a) A public education program to distribute educational materials to the community or conduct equivalent outreach activities that will
be used to inform the following groups within the MS4 area: Ii} residents; 12} visitors; (3) public service employees; (4) businesses; (5) commercial and industrial facilities; and {6}
construction site personnel. The outreach must inform the public about the impacts polluted storm water run-off can have on water quality, hazards associated with illegal discharges
and improper disposal of waste, and ways they can minimize their impact on storm i water quality. {b} Via documentation, the MS4 operator must ensure that a reasonable attempt was made
to reach all constituents within the MS4 area to meet this measure . • Comment: Propose that the "visitors" requirement be deleted because it is an unreasonable use of i city resources.
IComment: Propose that 􀀢􀁾􀁉􀁉􀀢􀀠be deleted from paragraph (b) to make it workable. 11/14/02 5 
Minimum Control Measure: III. A. 2. Public Involvement Comparison of federal (NPDES) and state (TPDES) draft Qeneral permits NPDES Public involvement/participation. (i) You must, at
a minimum, comply with State, Tribal and local public notice requirements when implementing a public involvement/participation program. DRAFT TPDES (Differences noted in bold) Public
Involvement/Participation (a) Identify and implement a public involvement and participation program. This must include provisions to allow opportunities for all constituents within the
MS4 area to participate in the storm water management program development and implementation. (b) The MS4 operator must, at a minimum, comply with State and local public notice requirements
when implementing a public involvement/participation program. (c) The MS4 operator must, via documented efforts, ensure that sufficient opportunities were allotted to involve all constituents
interested in participating in the program process to meet this measure. Correctional facilities will not be required to implement this MCM. Comment: Paragraph (b) should be sufficient
for compliance at the level that most Phase II entities are capable of with their limited resources (which seems to be the intent of NPDES). Paragraphs (a) and (c) are not specifically
seen as beneficial and should be removed or, at the minimum, guidance on the TPDES intent to go beyond NPDES should be provided. Comment: If paragraphs (a) and (c) remain in the permit,
the word "all" should be deleted in paragraphs (a) and (b), and "must" should be changed to "mayor should" in paragraphs (a) and (b). 10/21/02 6 
Minimum Control Measure: "I. A. 3. Illicit Discharges Comparison of federal (NPDES) and state (TPDES) draft general permits NPDES Sec. 122.34 (b) (3) Illicit discharge detection and
elimination. (i) You must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined at Sec. 122.26(b)(2» into your small MS4. (ii) You must: (A)
Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges
from those outfalls; (8) To the extent allowable under State, Tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-stcrm water discharges
into your storm sewer system and implement appropriate enforcement procedures and actions; (C) Develop and implement a plan to detect and address non-storm water discharges, including
illegal dumping, to your system; and (D) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. (iii)
You need address the following categories of non-storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to your
small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 5.2005(20». uncontaminated
pumped ground water. discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains,
lawn . watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from
fire fighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified<is 7 Draft TPDES (Differences noted
in bold) Part III. A. 3. Illicit Discharge Detection and Elimination (a) Illicit Discharges A section within the SWMP must be developed to establish a program to detect and eliminate
illicit discharges to the MS4. The SWMP must include the manner, ordinance or other regulatory mechanism, used to effectively prohibit illicit discharges. (1) Detection The SWMP must
list the techniques used for detecting illicit discharges. (2) Elimination The SWMP must include appropriate enforcement procedures andactions for removing the source of an illicit discharge. (b) Non-Storm Water Discharges A section within the SWMP must be developed to establish a program to detect and address nonstorm
water discharges and illegal dumping to the MS4. All non-storm water flows, including those listed in Part II.B. and Part VII.B., must be considered by the permittee to determine if
they are a Significant contributor of pollutants to the MS4. All non-storm water discharges that significantly contribute pollutants to the MS4 must be effectively prohibited. The prohibition
must be done through an ordinance. or other regulatory mechanism unless the MS4 operator does not have the authority to develop ordinances or other regulatory mechanisms. The regulations
must include appropriate enforcement procedures and actions. Fire fighting activities are excluded from being prohibited and only need to be addressed if they are determined to be a
significant contributor of pollutants to the MS4. (c) Incidental Non-Storm Water Discharges A list of occasional incidental non-storm water discharges that will not be addressed as illicit
discharges may also be developed. If developed, the listed discharges must not be reasonably expected to be significant sources of pollutants, because of either the nature of the discharge
or the conditions that have been __...J 
significant sources of pollutants to waters of the established for allowing these discharges to the United States). MS4. Any local controls or 􀁣􀁯􀁮􀁤􀁾􀁩􀁯􀁮􀁳􀀠placed on these discharges
must be documented in the SWMP. The SWMP must also include a provision prohibiting any individual nonstonn water discharge that is detennined to be contributing significant amounts of
pollutants to the MS4 (d) Storm Sewer Map (1) A map of the storm sewer system must be developed and must include the following: (i) the location of stonn sewer pipes, ditches, and other
conveyances owned by the pennittee, or at a minimum, the drainage area for each outfall; (ii) the location of all major outtalls; and (iii) the names and locations of all waters of the
U.S. that receive discharges from the outfalls. (2) The SWMP must include the source of infonnalion used to develop the stonn sewer map, including how the outfalls were verified and
how the map will be regularly updated. Comment: Where the NPDES specifies a program must prohibit non-storm water discharges through ordinance, or other regulatory mechanism to the extent
allowable under State, Tribal or local law, the TPDES language allows for other regulatory mechanism in paragraph "(b) Non-Storm Water Discharges", but not in "(a) Illicit Discharges".
The allowance for other regulatory mechanism should be included in all sections requiring an ordinance. Comment: The NPDES requirements list non-storm water discharges that should be
addressed only if determined to contribute pollutants (also referred to as allowable discharges). In Part II. B. the TPDES permit states that these same discharges are not required to
be addressed provided they have not been determined to be substantial sources of pollutants. However, in paragraph a) 2. the TPDES permit states that these discharges "must be considered
by the permittee to determine if they are a significant contributor of pollutants to the MS4". This seems to remove the assumption that these discharges are allowable, and requires that
the discharges be proved to be allowable. This language should be changed to clarify that these discharges do not require proof or verification of non-significance. At the minimum, guidance
should be provided to clarify that the intent of TPDES is not to exceed NPDES provisions on allowable discharges. Comment: The only reference to individual non-storm water discharges
in the above NPDES text is "individual residential car washing" in the list of allowable non-storm water discharges. The TPDES permit has a specific requirement for "a provision prohibiting
any individual non-storm water discharge that is determined to be contributing significant amounts of pollutants to the MS4". Is this intended to require the prohibition of individual
residential car washing? Comment: NPDES mapping requirements are only to identify the outfalls of the MS4 system and to name the receiving waters. TPDES requires a map of "storm sewer
pipes, ditches, and other · conveyances' or at a minimum "the drainage area for each outfall". TPDES also requires the • location of all major outfalls and the source of information
used to develop the storm sewer map, • including how the outfalls were verified and how the map will be regularly updated. This puts a heavy • requirement for accurate mapping on MS4s
that have limited resources for mapping. Major Outfall • could be defined in a less stringent manner, or the mapping requirement at could be made an option : to mapping all outfalls
as in the NPDES requirements. The limited resources of small MS4s are likely • more suited to identifying all outfalls, as opposed to identifying those meeting specifiC drainage : criteria.
8 
Minimum Control Measure: III. A. 4. Pollution Prevention/Good Housekeeping for Municipal Operations Com arison of federal NPDES Sec. 122.34 (b) (6) Pollution prevention/good housekeeping
for municipal operations. (i) You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing
pollutant runoff from municipal operations. Using training materials that are available from EPA, your State, Tribe, or other organizations, your program must include employee training
to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm
water system maintenance. Draft TPDES (Differences noted in bold) Part III. A. 4. Pollution Prevention/Good Housekeeping for Municipal Operations A section within Ihe SWMP must be developed
to establish an operation and maintenance program. The operation and maintenance program must have the ultimate goal of identifying methods and practices for conducting municipal operations
in a manner to prevent or reduce pollution in storm water runoff. (a) Good Housekeeping and Best Management Practices Controls must be used to reduce or eliminate the discharge of pollutants
when runoff from municipal operations is detenmined to be a Significant contributor of pollution to the MS4. Examples of municipal operations and municipally owned areas include, but
are not limited to: (1) park and open space maintenance; (2) street, road, or highway maintenance; (3) fleet and building maintenance; (4) storm water system maintenance; (5) new construction
and land disturbances. (6) municipal parking lots; (7) vehicle and equipment maintenance and storage yards; (8) waste transfer stations; and (9) salt/sand storage locations. (b) Training
A training program must be developed for all , employees responsible for municipal operations : subject to the pollution prevention/good . housekeeping program. The training program
must include training malerials directed at preventing and reducing storm water pollution from municipal operations. Examples or descriptions of training materials being used must be
included in the SWMP. (c) Structural Control Maintenance If best management practices include structural controls, maintenance of the controls must be erfonmed at a fre uenc 9 
i determined by the MS4 operator and consistent with maintaining the effectiveness of the BMP. The SWMP must list all ofthe following: (1) maintenance activHies; (2) maintenance schedules;
and (3) long-term inspection procedures for controls used to reduce f10atables and other pollutants. (d) Disposal of Waste Waste removed from the MS4. from structural controls, or collected
as a result of municipal operations and maintenance activities must be properly disposed. A section within the SWMP must be developed to include procedures for the proper disposal of
waste. including: (1) dredge spoil; (2) accumulated sediments; and floatables. (e) Municipal Operations and Industrial Activities The SWMP must include a list of all: (1) municipal operations
that are subject to the operation, maintenance, or training program developed under the conditions of this section; and (2) municipally owned or operated industrial activities that are
subject to TPDES storm water regulations. The SWMP must include a individual permit permit number, general permit authorization number, or a copy of a signed NOI or NEC (no exposure
certification form for TPDES General Permit TXR050000) for each industrial activity i conducted by the MS4 and subject to TPDES . storm water regulations. If an NOI or NEC has i been
submitted, but an acknowledgment has not i yet been received from the TCEQ, a copy of the i submitted NOI or NEC Form may be made I readily available. IComment: Part 111A.4.(a) Provides
for controls when runoff·-iS-cf,-e-t-erm-l-n-ed-to-b-e-a-S-jgnificant : contributot". This is ambiguous as to who will make the determination (MS4 operator or TCEQ or i citizens group).
Some guidance on identifying significant contributor would be helpful. Consider Ichanging the text to read: • .. .is determined by the MS4 operator to be a significant contributot" •
10 
Minimum Control Measure: III. A. 5. Construction Site Storm Water Runoff Control .-_____C"'o"'m=a"-fi"'so:,::n"-o"'fC-'f""ed",e"'ra"'I='-'='=L.:a"'n"'rd§Iale (TPDES) draft 􀁣􀁥􀁮􀁥􀁦􀀼􀁬􀀮􀁉􀀬􀀢􀁰􀀢�
�􀁥􀁾􀁲􀁭􀀢􀀬􀁩􀀢􀀢􀁴􀁳􀀬􀀭􀀭____.., NPDES (i) You must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities
that result in a land disturbance of greater than or equal to one acre. Reduction of storm water discharges from construction activity disturbing less than one acre must be included
in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. (ii) Your program must include the development
and implementation of, at a minimum: (A) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent
allowable under State, Tribal, or local law; (B) Requirements for construction site operators to implement appropriate erosion and sediment control best management practices [BMPs];
(Cl Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction
site that may cause adverse impacts to water quality; (D) Procedures for site plan review which incorporate consideration of potential water quality impacts; (E) Procedures for receipt
and consideration of information submitted by the public; (F) Procedures for site inspection and enforcement of control measures. Draft TPDES The MS4 operator must develop, implement,
and enforce a program to reduce pollutants in any storm water runoff to the MS4 from construction activities that result in a land disturbance of greater than or equal to one acre or
if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. The MS4 operator is not required to develop, implement, andlor
andlor enforce a program to reduce pollutant discharges from sites that the TCEQ has waived the permitting requirements for storm water discharges associated with small construction
activities. (al The program must include the development and implementation of, at a minimum, an ordinance or other regulatory mechanism to require erosion and sediment controls, as
well as sanctions to ensure compliance, to the extent allowable under State and local law. b) Requirements for construction site contractors to, at a minimum: (1) implement appropriate
erosion and sediment control best management practices; and (2) control waste such as discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste
at the construction site that may cause adverse impacts to water quality; (c) The MS4 operator must develop procedures for: (1) site plan review which incorporate consideration of potential
water quality impacts; (2) receipt and consideration of information submitted by the public; and (3) site inspection and enforcement of control measures. Comment: II. A. (5)(a) Construction
Site Storm Water Runoff Control The language that provides for development and implementation of an ordinance or other regulatory mechanism " .. .to the extent allowable under State
and local Jaw' needs to be included at paragraphs (b) and (c) of this section, or in the beginning paragraph before (a). 11 
Minimum Control Measure: III. A. 6. Post-Construction Storm Water Management in New Development and Redevelopment Comparison of 􀁦􀁥􀁤􀁥􀁲􀁡􀁬􀀮􀀽􀀧􀀭􀀽􀀮􀀽􀀬􀀭􀀬􀁡􀀺􀀺􀀮􀀺􀀮􀁮􀀺􀀮􀀺􀀺􀁤􀁲􀀧􀁳􀁾􀁴􀁡�
�􀁴􀁥􀀠(TPDES) draft general permits NPDES You must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb
greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program
must ensure that controls are in place that would prevent or minimize water quality impacts. You must: • Develop and implement strategies which include a combination of structural andlor
non-structural best management practices (BMPs) appropriate for your community; • Use an ordinance or other regulatory mechanism to address post-construction runoff from new development
and redevelopment projects to the extent allowable under State, Tribal or local law; i, • Ensure adequate long-term operation and maintenance of BMPs. 􀁾􀁲􀁯􀁾􀀧􀀧􀀧􀀧􀀧􀁊􀀠Draft TPDES
The MS4 operator must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one
acre, including projects less than one acre that are part of a larger common plan of development or sale that will result in disturbance of one or more acres, that discharge into the
small MS4. The program must ensure that controls are in place that would prevent or minimize water quality impacts; (a) Develop and implement strategies which include a combination of
structural andlor non-structural BMPs appropriate for your community; (b) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and
redevelopment projects to the extent allowable under State and local law; and (c) Ensure adequate long-term operation and i maintenance of BMPs. 12 
III. A. 7. Authorization for Municipal Construction Activities This section requires that the MS4 meet the definition of "construction site operator," which for this permit includes
both control over the plans and specifications and day-to-dayoperational control over activities to ensure compliance with the SWPPP. There is concern that when an MS4 uses a construction
contractor rather than internal resources, the MS4 may not meet the definition of construction site operator, if the day-to-day operation control component is strictly interpreted. Part
IV. Numeric Effluent Limitations There is no language to support the Daily Maximum monitoring requirement, specifically, references for approved sampling method, definition for Daily
Maximum, and a definition for annual monitoring frequency, reference to Attachment 2 the discharge monitoring report, and reporting requirements should be here. Part V. Recordkeeping
and Reporting V. A.1. Recordkeeping Extension of the records retention time needs clarification on how notification will be made by the Executive Director to the MS4 that the time has
been extended. Text should be included stating that the requirement to maintain records for a specific time will be initiated by or contingent upon the MS4 receiving notification from
the Executive Director. V. A.3. Open Records The public must request copies of the NOI and SWMP in writing. Those documents must be made available within 2 working days of receiving
the request. Requests for other supporting records must be provided within 10 working days, or within a reasonable and lawful amount of time as stipulated by the Public Information Act.
This situation gives two separate time frames in which you must provide information. It would be more beneficial to be consistent with the existing Public Information Act. V. B.1. (a)
Noncompliance Notification More appropriate language here would be Unauthorized Discharge Notification instead of Noncompliance Notification. V. B.2.Annual Report The March 31" deadline
is unclear. This date may be unrealistic by not allowing the permittees a long enough time frame to complete the report. Since the permit is expected to become effective in December,
the text should specify that a "year of the permit term" be from December to December. Permittees should have at least 90 days to complete the annual report. A specific timeframe should
be given for TCEQ to review and comment on each annual report. After the specified time has passed, the annual reports should be approved whether or not TCEQ reviewed them. Spending
resources unknowingly on a noncompliant SWMP is a concern for the MS4. V.B.2. (c) BMP Credits For inclusion of existing BMPs, "Any MCM activities initiated before permit issuance (up
to three years) may be included ... " This time frame should go beyond three years. It states on page 19 of the permit, " Existing programs or BMPs may be used to fulfill the 13 
requirements of this general permit." This does not specify any time and therefore should allow the permittee to include any activities it has performed in the past. V.B.2. (e) BMP Credits
Section (e) should be removed since an implementation schedule is already provided in the plan. Part VII. Authorization for Municipal Construction Activities VII.G.2. The word 'operators"
should be changed to 'contractors' since the MS4 is the sole operator under this permit. VII.J.5. Section refers to submission of an NOT, but NOTs are not required for Municipal Construction
Activities. VII.J.9.{a) Regarding inspection of controls to be included in the SWP3. Is the intent to allow for only monthly inspections during seasonal arid conditions, or is the exemption
limited only to areas that have been finally or temporarily stabilized? If the area is not stable, monthly inspections during the dry season will not be enough to control dirt entry
to a storm sewer conduit without a rain event (direct dumping to the system). Disregard for sediment controls increases during the dry season because, on one hand, rain is not expected,
but on the other, it is the busiest time for most of the construction sites. 14 
Clerical Observations Part I. Definitions Best Management Practices For clarification the definition of at Part I. should read: Best Management Practices (BMPs) -schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution in stann water. Small Municipal Separate Storm Sewer System The definition
is duplicated in this part. Urbanized Area Restructure as below to be clear that the Census bureau is defining the area of high population density and not multiple MS4s: An area of high
population density lIlat may in&4JrJe mu.'tijil>'e MS4s as defined and used by the U.S. Census Bureau in the 1990 and 2000 decennial census that may include multiple MS4s. Part II. A.
5. Construction Site Storm Water Runoff Control Restructure as below: The MS4 operator is not required to develop, implement, andfor enforce a program to reduce pollutant discharges
from sites that where the TCEQ has waived the permitting requirements for storm water discharges associated with small construction activities. Part II. D. 1. Application for Coverage
In the 7th line, NOT should read NO/. Part V.B.2.(k) Reporting Sign and certify annual report in accordance with Part VII.E. 1. (a) -should the reference be to VI. 6. or II.D.4. (b)(8)?
Part VII. E.5. Restructure as below: " ... are aware that municipal personnel that are responsible for day to day operations of theSWP3... " 15 
􀂷􀀮􀁾􀁾􀀭􀁾􀀭􀀭􀀮􀀭􀀭Texas NaturalResource Conservation Commission oP ... ) Page 2 Chapter 305 -Consolidated Permits 5:0 r 􀁾.. operator is subject to the requirements for updating
the Part A application under 40 Code of Federal Regulations §270.1O(g), as amended and adopted in the Code of Federal Regulations through June 29, 1995, (see 60 FedReg 33911). (e) Applications
for hazardous and nonhazardous disposal well permits shall be processed in accordance with this chapter for the benefit of the state and the preservation of its natural resources. Adopted
November 20. 2001 Effective December 16. 2001 §305.43. Who Applies. (a) It is the duty of the owner of a facility to submit an application for a permit; however. if the facility is owned
by one person and operated by another and the executive director determines that special circumstances exist where the operator or the operator and the owner should both apply for a
permit, and for all Texas pollutant discharge elimination system (TPDES) permits. it is the duty of the operator and the owner to submit an application for a permit. (b) For solid waste
and hazardous waste permit applications. it is the duty of the owner of a facility to submit an application for a permit. unless a facility is owned by one person and operated by another.
in which case it is the duty of the operator to submit an application for a permit. Effective October 8. 1990 --.... §30S.44. Signatories to Applications. (a) All applications shall
be signed as follows: (1) For a corporation, the application shall be signed by a responsible corporate officer. For purposes of this paragraph, a responsible corporate officer means
a president, secretary. treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making
functions for the corporation; or the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate
procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. . (2) For a
partnership or sole proprietorship. the application shall be signed hy a general partner or the proprietor. respectively. . (3) For a municipality, state, federal, or other public agency.
the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph, a principal executive officer of a federal agency
includes the chief executive officer of the 
Texas Natural Resource Conservation Commission Page 3 Chapter 305 -Consolidated Permits agency, or a senior executive officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g. regional administrator of the United States Environmental Protection Agency). fl (b) A person signing an application shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant I ienalties for submitting false information, including
the possibility of fine and imprisonment for 􀁾􀁫􀁮􀁏􀁗􀁩􀁮􀁧violations." . (c) For hazardous solid waste permit applications, the owner and operator of a facility must sign the application.
(d) For radioactive material license applications under Chapter 336 of this title (relating to Radioactive Substance Rules), the applicant or person duly authorized to act for and on
the applicant's . behalf must sign the application. Adopted May 14, 1997 Effective June 5, 1997 _ 7§305.45. Contents of Application for Permit. (a) Forms for permit applications will
be made available by the executive director. Each application for permit shall include the following: (1) the name, mailing address, and location of the facility for which the application
is submitted; (2) the ownership status as federal, state, private, public, or other entity; (3) the applicant's name, mailing address, and telephone number; (4) a brief description of
the nature of the business; (5) the activities conducted by the applicant which requirJ' a penmit; (6) a topographic map, ownership map, county highway map, or a map prepared by a registered
professional engineer or a registered surveyor which sh.ows the facility and each of its intake and discharge structures and any other structure or location regarding the regulated facility
and associated activities. Maps must be of material suitable for a permanent record, and shall be on sheets 8·1/2 inches by 14 inches or folded to that size, and shall be on a scale
of not less than one inch equals one mile. The map shall depict the approximate boundaries of the tract of land owned or to be nsed by 
Texas Natural Resource Conservation Commission' Page 12 Chapter 305 • Consolidated Permits (C) Unauthorized wastes. Wastes not authorized by permit are prohibited from being transported
to, stored, and processed 0, disposed of in a permitted facility. (6) Permit conditions. All permit" conditions shaH be incorporated eithe,r expressly or by reference. Ifincorporated
by reference, a specific citation to the applicable rules or requirements must be given in the permit. Adopted August 23,2000 Effective September 14, 2000 􀁾􀀠§305.128. Signatories to
Reports. (a) All reports requested by permits and other information requested by the executive director shall be signed by a person described in §305.44(a) of this title (relating to
Signatories to Applications) or by a duly authorized representative of that person, A person is a duly authorized representative only if: (1) the authorization is made in writing by
a person described in §305.44(a) of this title (relating to Signatories to Applications); (2) the authorization specifies either an individual or a position having responsibility for
the overall operation of the regulated facility or activity or for environmental matters for the applicant, such as the position of plant manager, operator of a well or well field, environmental
manager, or a position or'equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and. (3)
the written authorization is submitted to the executive director. (b) If an authorization under this section is no longer accurate because of a change in individuals or position, a new
authorization satisfying the requirements of this section must be submitted to the executive director prior to or together with any reports, information, or applications to be signed
by an authorized representative. (c) Any person signing a report required by a permit shall make the certification set forth in §30.5.44(b) of this title (relating to Signat.ories to
Applications). Adopted Effective October 8, 1990 §305.129. Variance Procedures. The following regulations contained in 40 Code of Federal Regulations, which are in effect as of the date
of Texas pol!utant discharge elimination system TPDES program authorization, as amended, are adopted by reference: 
United 􀁾􀀢􀁉􀁥􀁳􀀠Office of Water EPA 833-F·OO-003 Enviro Jntal Protection 14203) January 2000 Agency Fact Sheet 2.1 Storm Water Phase II&EPA Final Rule Storm Water Phase II Final Rule
Fact Sheet Series Overview 1.0 -Storm Water Phase II Final Rule: An OVE!flliew Small MS4 Program 2.0 -Small MS4 Storm Water Program OVE!flliew 2.1 -Who's Covered? Designation and Waivers
of Regulated Small MS4s 2.2 -Urbanized Areas: Definition and Description Minimum Conlml Measures 2.3 -Public Educalion and Outreach 2.4 -Public ParticipationJInvolvement 2.5 -lIlicil
Discharge Delection and Elimination2.6 -Construction Site Runoff Control 2.7 -Post-Construction Runoff Control 2.8 -Pollution 􀁐􀁲􀁥􀁶􀁥􀁮􀁾􀁯􀁮􀁉􀁇􀁯􀁯􀁤􀀠Housekeeping 2.9 -Permitting and Reporting: The Process and Requirements
2.10 -Federal and Stale-OperatedMS4s: Program Implementation Conslruclion Program 3.0 -Construction Program Overview 3.1-Construaion Rainfall Erosivity Waiver Induslrial "No Exposure"
4.0 -Conditional No Exposure Exclusion for Industrial Activity Who's Covered? Designation and Waivers of Regulated Small MS4s Who Is Affected by the Phase II Small MS4 Program? The Stonn
Warer Phase IIFinal Rule applies to operators of regulated small municipal separate storm sewer systems (MS4s), which are designated based on the criteria discussed in this fact sheet.
In this fact sheet, the defmition of an MS4 and the distinction between small, medium, and large MS4s is reviewed. Conditions under which asmall MS4 may be designated as a regulated
small MS4, as well as the conditions for a waiver from the Phase II program requirements, are outlined. 'This fact sheet also attempts to clarify possible implementation issues related
to determining OOC'S status as an operator of a regulated small MS4. What Is a Municipal Separate Storm Sewer System (MS4)? What consurutes an MS4 is often misinterpreted and misunderstood.
The term MS4 docs not solely refer to municipally-owned storm sewer systems, but rather is a term of art with a much broader application that can include, in addition to 10caljurisdictioDs,
State departments of tcansportation, universities, local sewer distticts, hospitals, military bases, and prisons. An MS4 also is not always just a system of underground pipes -it can
include roads with drainage systems, gntters, and ditches. The regulatory defmitioD of an MS4 is provided below. According to 40 CFR 122.26(b)(8), "municipal separate storm sewer means
a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gntters, ditches, 􀁭􀁡􀁮􀀭􀁭􀁡􀁤􀁾􀀠channels, or storm drains):
(i) Owned or operated by a State, city, tOWD, horough, county, parish, disttict, association, or other public body (created by or pursuant to State law)...including special distticts
under State law such as a sewer 􀁤􀁩􀁳􀁴􀁴􀁩􀁣􀁾􀀠flood control disttict or drainage 􀁤􀁩􀁳􀁴􀁴􀁩􀁣􀁾􀀠or similar entity, or an Indian ttibe or an authorized Indian tribal organization,
or 􀁾designated and approved management agency under section section 208 of the Clean Water Act that discharges into waters of the United States. (ii) Designed or used for collecting
or conveying stann water; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defmed at 40 CFR 122.2." 
-Who's Covered? What Is a Small, Medium, or Large MS4? a EPA's NPDES (National Pollutant Discharge Eliminaiion System) storm water permitting program labels MS4s as either "small," U
medium," or Ularge" for the purposes of regulation. a A smaU MS4 is any MS4 that is not already covered by the Phase I stonn water program. Small MS4s include Federally-owned systems,
such as military bases. a The Phase I storm water program covers medium and large MS4s. Phase I MS4s were automatically designated nationwide as medium MS4s ifthey were located in an
incorporated place or county with a population between 100,000 -249,999 or as large MS4s iflocated in an incorporated place or county with a population of 250,000 or greater. Many MS4s
in areas below 100,000 in population, however, have heen individually brought into the Phase I program by NPDES permitting authorities. Such already regulated MS4s do not have to develop
a Phase II program. Are All Small MS4s Covered by the Phase n Final Rule? No. The universe of small MS4s is quite large since it includes every MS4 except for the approximately 900 medium
and large MS4s already regulated under the Phase r storm water program. Only a select sub-set of small MS4s, referred to as regu1o;ted small MS4s, is covered by the Phase II Final Rule,
either through automatic nationwide designation or designation on a case-by-case basis by the NPDES permitting authority. How Is A Small MS4 Designated as a Regulated Small MS4? ASmall
MS4 can be designated by the permitting authority as a regulated small MS4 in one of three ways: o Automatic Nationwide Designation The Phase II Fmal Rule requires nationwide coverage
of all operators of small MS4s that are located within the boundaries of a Bureau of the Census-dermed "urbanized area" (UAJ based on the latest decennial Census. Once a small MS4 is
designated into the program based on the UA boundaties, it cannot be waived from the program if in a subsequent UA calculation the small MS4 is no longer within the UA boundaries. An
automatically designated smaIl MS4 remains regulated unless, or until, it meets the criteria for a waiver. a Urbanized Areas An urbanized area (UA) is a land area comprising one or more
places -central place(s) -and the adjacent densely settied surrounding area -urban fringe -that together have a residential population of at least 50,000 and an overall population density
of at least 1,000 people per square mile. It is a calculation used by the Bureau of the Census to determine the geographic boundaries of the most heavily developed and dense urban areas.
Before the time of permit issuance (which must be by December 9, 2002), UA calculations based on the 2000 Census should be published. The regnlated uttiverse then will be based on these
new calculations. For more information on UAs, see Fact Sheet 2.2. a Preamble ofthe Phase 11 Final Rule: Appendix 6 A listing of governmental entities that are located either fully orpartially
within a UA according to the 1990 Census can be found in Appendilt 6 to the Preamble. 'The list is a general geographic reference intended to help operators of small MS4s determine whether
or not they are located in a UA and, consequently, required to comply with the regnlatinn; it is not a list of all Phase II regnlated MS4s. For elCaIllple, the list does not include
small MS4 operators such as colleges and universities, Federal prison complelteS, and State highway departments located within a UA. See Fact Sheet 22 for more information on how to
determine potential coverage under the Phase II program. Appendilt 6 can be obtained from the EPA Office of Wastewater Management (OWM) or downloaded from the OWM web site. 49 Potential
Designation by the NPDES Permitting Authority -Required Evaluation An operator of small MS4located outside of a UA may be designated as a regnlated small MS4 ifthe NPDES permitting authority
determines that its discharges cause, or have the potential to cause, an adverse impact on water quality. The Phase II Final Rule requires the NPDES permitting authority to develop a
set of designation criteria and apply them, at a minimum, to all smaIl MS4s located outside of a UA serving a jurisdiction with a popnlation of at least 10,000 and a population density
of at least 1,000 people/square mile. 
· ' (l DesignaJion Criterkl EPA recommends that the NPDBS permitting authority use a balanced consideration of the following designation criteria on a watershed or other local basis:
t/Discharge to sensitive waters; t/High population density; t/High growth or growth potential; t/Contiguity to a U A; t/Significant contributor of pollutants to waters of the United
States; and t/Ineffective protection of water quality concerns by other programs. o Preamble ofthe Phase II Finol Rule: Appendix 7 A listing of governmental entities located outside
of a UA, that have a population of at least 10,000 and a populatinn density of at least 1,000 people per square mile can be found in Appendix 7 to the Preamble of the Pbase II Final
Rule. Similar to Appendix 6, the list is a geographic reference onlyit is not a list of regulated entities. Operators of smali MS4s located within a listed area could be examined by
their NPOBS permitting authority for potential designation into the Phase nprogram. Furthermore, the NPDBS permitting authority reserves the right to designate for regulation any smali
MS4 that is contributing pollutants to waters of the United States, whether or not its jurisdiction is found in Appendix 7. Appendix 7 can be obtained from the EPA Office of Wastewater
Management or downloaded from the OWM web site. Q Deadline for Designation , The NPDES permitting authority is required to designate smaliMS4s meeting the designation criteria by December
9,2002 or by December 8, 2004 if a watershed plan is in place. @) Potential Designation by the NPDES Pennitting Authority -Physically Interconnected Under the final rule, the NPDES permitting
authority is required to designate any smali MS4 located outside of a UA that contributes substantially to the pollutant loadings of a physically interconnected MS4 regulated by the
NPDES storm water program. The fmal rule docs not set a deadline for designation ofsmall MS4s meeting this criterion. Physically interconnected means that one MS4 is connected to a second
MS4 in such a way that it allows for direct discharges into the second system. Are Waivers from the Phase II PermitlProgram Requirements Possible? Yes, two waiver options are available
to operators of automatically designated small MS4s if discharges do not cause, or have the potential to cause, water quality impairment The flrst applies where: (1) the jurisdiction
served by the system is less than 1,000 penpJe; (2) the system is not contributing substantially to the pollutant loadings of a physically interconnected regulated MS4; and (3) if the
smali MS4 discharges any pollutants identified as a cause of impairment of any water body to which it discharges, storm water controls are not needed based on wasteload allocations that
are part of an EPA approved or established "toW maximum daily load" (TMDL) that addresses the pollutant(s) of concern. TMDLs are water quality assessments that determine the source or
sources ofpollutants of concern for a particular waterhody, consider the matimum amount of pollutants the waterbody waterbody can assimilate, and then allocate to each source a set level
of pollutants that it is allowed to discharge (i.e., a "wasteload allocation"). Small MS4s that are not given a wasteload allocation would meet the third criterion above. Pollutants
ofConcern include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease,
and any pollutant that has been identified as a cause of impairment in any water body to which the MS4 discharges. 
The second applies where: (I) the jurisdiction served by the system is less than 10,000 people; (2) an evaluation of all waters of the U.S. that receive a discbarge from the system sbows
that stOrm watet controls are not needed based on wasteload allocations that are part of aD EPA approved or establisbed TMDL that addresses the pollutant(s) of concem or an equivalent
analysis; and (3) it is determined that future discharges from the small MS4 do not have the potential to result in exceedances of werer quality standards. The NPDES permitting authority'is
required to periodically review any waivers granted to MS4 operators to detetmine whether any information required for granting the waiver has changed. Minimally, such a review needs
to be conducted once every five years. Are There Allowances for Phasing-in Pennit Coverage? Yes. Small MS4s serving a jurisdiction with a population under 10,000 can be phased-in for
permit coverage, follOWing establishment of a State watetshed permitting approach. NPDES permitting authorities that choose this option must establish a schedule 10 phase-in permit coverage
annually for approximately 20 percent of all small MS4s that qualify for such phased-in coverage. Where this option is followed, all regulated small MS4s are required to have permit
coverage no latet than March 8, 2007. Can More than One MS4 in the Same Political Jurisdiction Be Automatically Designated? Yes. Since the fmal rule provides automatic coverage nfall
small MS4s within a UA, the result would likely be coverage of several governments and agencies with multiple, pemaps overlapping, jurisdictions. For example, a city that is located
within a UA and operates its own small MS4 could be designated alongside the State's department of transportation (DOT) and the county's DOT ifthe State and cOunty operate roads that
are within the borders of the city. All drree entities would be responsible for developing a storm water management program for the portion of their respective MS4s within the city limits.
In such a a case, the permittees are strongly encouraged to work together to form a unified storm water management program. Who Is Responsible if the Small MS4 Operator Lacks the Necessary
Legal Authority? Some regulated small MS4s may lack the necessruy legal authority to implement one or more of the required minirnnm control measures that comprise the Phase n storm water
management program. For example, a local government that is a small MS4 operater may be in a State that does not have an enabling statute that allows local regulatory control of construction
site runoff into the sewer system. Another example is a State DOT that may not have the legal authority to require and enforce controls 00 illicit discharges into its system. In these
situations the small MS4 is encouraged to work with the neighboring regulated small MS4s. As co-permittees, they could form a shared storm water management program in which each permittee
is responsible for activities that are within their individual legal authorities and abilities. For Additional Infonnation Contact Oil" U.S. EPA Office of Wastewater Management • Phone:
202260-58\6 • E-mail: SW2@epa.gov • Internet: www.epa.gov/owmlsw/phase2 Reference Documents Oil" Storm Water Phase nFinal Rule Fact Sheet Series • Intemet: www.epa.gov/owmlsw/pbase2
Oil" Storm Water Phase n Final Rule (64 FR 68722) • Internet: www.ep3-gov/owmlsw/phase2 • Contact the U.S. EPA Water Resource Center Phone: 202 260-7786 E-mail: centet.water-resource@epa.gov

Unite" "tates Office of Water EPA 833·F·00-004 Envir ,lental Protection (4203) December 1999 Agency Fact Sheet 2.2 &EPA Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0
-Stann Water Phase II Final Rule: An Oveoriew Small MS4 Program 2.0 -Small MS4 Storm Waler Program Oveoriew 2.1 -Who's Covered? Designationand waivers 01 Regulated Small MS4s 2.2 -Urbanized
Areas: Definition and Description Minimum Contml Measures 2.3 -Public Edocation and Oulreach 2.4 -Public Participation/Involvement 2.5 -Illicit Discharge Detection and Elimination 2.6
-Construction Stte Runoff Control 2.7 -Post·Construction Runoff Control 2.S -Pollution Prevention/Good Housekeeping 2.9 -Permitting and Reporting:The Process and Requirements 2.10 -Federal
and State-OperatedMS4s: Program Implementation Construction Program 3.0 -Construction ProgramOverview 3.1 -Construction Rainfall Erosivny Waiver Industrial "No Exposure" 4.0 -Conditional
No Exposure Exclusion for Industrial Attlvtty Storm Water Phase II ·Final Rule Urbanized Areas: Definition and Description A s discussed in Fact Sheet 2.1, Who's Covered? Designation
and Waivers ofReguIated nsmallMS4s, the Phase II Final Rule covers all small municipal separate storm sewer systems (MS4s) located within an "urbanized area» (UA). Based on the 1990
Census, there are 405 UAs in the United States that cover 2 percent of total U.S. land area and contain approximately 63 percent of the Nation's population. These numbers include Puerto
Ricothe only U.S. Territory with UAs. UAs constitute the largest and most dense areas of settlement UA calculations delineate boundaries around these dense areas of settlement and, in
doing so, identify the areas of concentrated development UA designations are used for several PUlposes in both the public and private sectors. For example, the Federal Government has
used UAs to calculate allocations for transportation funding. and some planning agencies and development flflllS use U A boundaries to help ascertnin current, and predict future, growth
areas. What Is an Urbanized Area (VA)? The Bureau of the Census determines UAs by applying a detailed set of published UA criteria (see 55 FR 42592, October 22, 1990) to the latest decennial
census data. Although the full UA definition is complex. the Bureau of the Census' general defmition of a UA, based on population and population density, is provided below. An urbanized
area is a land area comprising one or more places central place(s) -and the adjacent densely settled surrounding areaurban fringe -that together have a residential popularion of at least
50,OOQ and an overall population density of at least 1,000 people per squareinile. The basic unit for delineating the UA boundary. is the census block. Census blocks are based on visible
physical boundaries, such as the city block, when possible, or on invisible political boundaries, when not An urbanized area can comprise places, counties, Federal Indian Reservations,
and minor civil divisions (MCDs : towns and townships). How Can Status as a Regulated Small MS4 MS4 Be Determined? The drawing below (see Figure 1) is a shnplified UA illustration that
demonstrates the concept of UAs in relation to the Phase II Final Rule. The "urbanized area" includes within its boundaries incorporated places. a portion of a Federal Indian reservation,
an entire MCD, a portion of another MCD, and ponions of two counties. Any and all operators of small MS4s located within the boundaries of the U A are covered under the Phase II Final
Role, regardless of political boundaries. Operators of small MS4s located outside of the UA are subject to potential designation into the Phase II MS4 program by the NPDES permitting
authority. 
-Urbanized OperatoIS of small MS4s can determine ifthey are localed Storm Water Coordinators: The NPDES permitting within a UA, and therefore covered by the Phase nstorm authority may
be the State or the U.S. EPA Region. water program, through the following two steps: The Storm Water Coordinators for each U.S. EPA Region are listed in the For AdditiolUll Information
-STEPlsection in Fact Sheet 2.9. These regional contacts can assist with U A information and provide the names of Refer to a listing of incorporated places, MCDs, and counties that are
located entirely or partially within a UA. Such a State storm water contacts .. Regional and State contact information can also be obtained from OWM. listing, based on the 1990 Census,
can be found in Appendix 6 to the Preamble of the Phase II Final Rule; it docs not include governmental entities alteady permitted 􀁾􀁮􀁤􀁥􀁲􀀠Phase I. ITa small MS4 is located in a
listed incorporated place, MCD, or county, then the operator of the small MS4 should follow step (2) below. (Note: Appendix 6 can be obtained from the EPA Office of Wastewater Management
State Data Centers: Each State's Data Center receives listings of all entities that are located in UAs, as well as detailed maps and electronic files ofUA boundaries. The Bureau of the
Census web site includes a list of contact names and phone numbers for the data ineach State at www.census.gov/sdclwww. (OWM) or downloaded from the.OWM web site.) State Pl4nninglEconomicfIransportat
ion Agencies: -STEP2These agencies typically use UAs to assess current development and forecast future growth trends and, Some operatolS ofsmall MS4s may Imd that they are located within
an entity listed in Appendix 6 but not know iftheir systems are within the urbanized portion of the listed entity. therefore, should have detailed UA information readily available to
help determine the UA boundaries in any given area. In such a case, they should contact one Or more of the following institutions for more detailed information on the location of the
UA boundary: o County or Regional Planning Commissions! Boards o The State or NPDES Permitting Authority (may be the State or the U.s. EPA Region) As with State agencies, these entities
are likely to have detailed UA data and maps to help determine UA boundaries. ______________ Figurelj-------------------1 , r:::::0. Central Place ,,W , I 0 Incorporated Place I , I
I 􀁉􀁾􀀠Federal Indian Reservation (FIR) ,I ,_ I I lIIiIiiII Unincorporated "Urbanized , Area" Portion of a Town , (MCD) or County , I I I _.. Urbanized Area I I I I II Town or Township
as a I functioning Minor Civil Division I (MCD). An MCD is the primary I I subdivision of a County. I I I I --County I '.__________________________________I7I.D l I 
Q The Bureau of the Census Urbanized Areas Staff: 301 457-1099 Web Site: www.census.gov The site provides information on purchasing UA maps and electronic files for use with computerized
mapping systems. Obtain free UA cartographic boundary files (AlcJInfo expon fonnat) for Geographicallnfonnation System (GIS) use at: www.census.gov:80/geo/www/coblua.html. UA Maps: Detailed
UA maps are available for purchase with a $25 minimum order ($5 per map sheet). Each map sheet measures 36 by 42 inches. For prices and a listing of UAs, visit www.census.gov/mp/www"/geo/msgeoI2.html
. Order from the Department of Commerce, Bureau of the Census (MS 1921), P.O. Box 277943, Atianta, GA 30384-7943 (phone: 3014574100; Toll-free fax: 1-888·249·7295). Q U.S. EPA EPA is
modifying a web-based geographic program called Enviromapper. This will allow MS4 operators to enter a location and see a detailed map of the UA boundary. Infonnation about Ellviromapper
will be available at www.epa.govlowm/phase2. How Will the Year 2000 Census Affect the Detennination of Status as a Regulated Small MS4? The listing of incorporated places, M CDs, and
counties located within UAs in the United States and Pueno Rico, found in Appendix 6, is based on the 1990 Census. New listings for UAs based on the 2000 Census are seheduled to be available
by July or August of2ool. Once the official 2000 Census listings are published by the Bureau of the Census, operators ofsmall MS4s located within the .revised boundaries offormer 1990
UAs, or in any newly dermed 2000 UAs, become regulated small MS4s and must develop a storm water management program. Any additional automatic desiguations ofsmall MS4s based on subsequent
cenSUS years is goveroed by the Bureau of the Census' defutition of a UA in effect for that year and the UA boundaries determined as a result of the defmition. Once a small MS4 is designated
into the Phase n storm water program based on the UA boundaries, it can not be waived from the program if in a subsequent U A calculation the small MS4 is no longer within the UA boundaries.
An automatically designated small MS4 will remain regulated unless, or until, it meets the criteria for a waiver (see Fact Sheet 2.1 for more information on the regnlated small MS4 waiver
option). For Additional Infonnation Contact q> U.S. EPA Office of Wastewater Management • Phone: 202 260·5816 • E-mail: SW2@epa.gov • Intemet: www.epa.govlowmlsw/phase2 Reference Documents
IIiiI" StonnWater Phase nFinal Rule Fact Sheet Series • Internet: www.epa.gov/owmlswlphase2 IIiiI" Storm Water Phase n Final Rule (64 FR 68722) • Internet: www.epa.gov/owmlswlphase2
• Contact the U.S. EPA Water Resource Center Phone: 202260-7786 E-mail: center. water·resource@epa.gov 
Uniter ' 􀀢􀀧􀁾􀀻􀁡􀁴􀁥􀁳􀀠Office of Water EPA 833-FQO-005Env;" ienlalProtection (4203) January 2000 Agency' Fact Sheet 2.3 Storm Water Phase II&EPA Final Rule Public Education and Outreach
Minimum Control Measure Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 -Storm Water Phase II Final Rule: An Overview Small MS4 Program 2.0 -Small MS4 Storm Water Program
Overview 2.1 -Who's Covered? Designationand Waivers of Regulated Small MS4s 2.2 -Urbanized Areas: Definition and Description Minimum Control Measures 2.3 -Public Educalion and Outreach
2.4 -Public Participalionl Involvement 2.5 􀀭􀁬􀁉􀁉􀁩􀁣􀁾􀀠Discharge Detaction and Eliminalion 2.6 -Conslruclion Site Runoij Control 2.7 -post·Construction Runoff Control 2.B -Pollution
Prevention/Good,Housekeeping 2.9 -Permitting and Reporting:The Process and Requiremenls 2.10 -Federal and Stale·Operaled MS4s: Program Implemenlalion Construction Program 3.0 -Construction
Program Overview . 3.1 -Construction Rainfall frosivtty Waiver Industrial "No Exposure" 4.0 -Conditional No Exposure Exclusion for Industrial AClivity This fact sheet profiles the Public
Education and Outreach minimum control measure, one of six measures an operator of a Phase II-regulated smaIl municipal separate storm sewer system (MS4) is required to include in its
storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) storm water permit. This fact sheet outlines the Phase II Final Rule
requirements and offers some general guidance on how to satisfy them. It is imponant to keep in mind that the regulated smaIl MS4 operator has a great deal of flexibility in choosing
exactly how to satisfy the minimum control measUre requirements. Why Is Public Education and Outreach Necessary? An informed and knowledgeable community is crucial to the success of
a storm water management program since it helps to ensure the following: ' • Greater support for the program as the public gains a greater understanding of the reasons why it is necessary
necessary and imponant. Public suppon is panicularly beneficial when operators of smaIl MS4s attempt to institute new funding initiatives for the program or seek volunteers to help implement
the program; and Greater complillnce with the program as the public becomes aware of the personal responsibilities expected of them and others in the community, including the individual
actions they can take to protect or improve the quality of area waters. What Is Required? 1 satisfy this 􀁾􀁮􀁩􀁭􀁵􀁭control measure, the operator of a regulated small MS4 needs to:
o Implement a public education program to distribute educational materials to the community, or conduct equivalent 9utreach activities about the impacts ofstorm ,vater discharges on
local waterbodies and the steps that can be taken to reduce storm water pollution; and o Determine the appropriate best management practices (BMPs) and 􀁾􀁡􀁳􀁵􀁲􀁡􀁢􀁬􀁥􀀠goals for
this minimum control measure. Some program implementation'approaches, BMPs (i.e., the program actions/activities), and measurable goals are suggested below. What Are Some Guidelines
for Developing and Implementing This Measudd' Three mal n action areas are imponant for successful implementation of a public education and outreach program: 
Ed and o Forming Partnerships Operators of regulated small MS4s are encouraged to enter into partnersbips with oilier governmental entities to fulfill this minimum control measure's
requirements. It is generally more cost-effective to use an existing program, Or to develop a new regional or state-wide education program, than to have numerous operators developing
their own local programs. Operators also are encouraged to seek ."i'tance from nongovernmental organizations (e.g.,. environmental, civic, and industrial organizations), since many already
have educational materials and perform outreach activities. ·8 Using Educational Materials and Strategies Operators of regulated small MS4s may use storm water educational information
provided by their State, Tribe, EPA Region, or environmental, public interest, or trade organizations instead of developing their own materials. Operators should strive to make their
materials and activities relevant to local situations and issues, and incorporate a variety of strategies to ensure maximum coverage. Some examples include: • Brochures or fact sheets
for general public and specific audiences; • Recreatwllal guides to educate groups such as golfers, hiker.;, paddlers, climbers, fishermcn, and campers; • Alternative in/ormation sources,
such as web sites, bumper stiekers. refrigerator magnets, posters for bus and subway stops, and restaurant placemats; • A library ofeducatiollal material, for community and school groups;
• Volunteer citizen educators to stafr apublic education taskforc.; • Event participation with educational displays at home shows and community festivals; • Educational programs for
school· age children; • Storm drain stenciling of storm drains with messages such as "Do Not Dump -Drains Directly to Lake;" • Storm water hotlines for information and for citizen reporting
of polluters; • Economic incentives to 􀁣􀁩􀁬􀁩􀁾􀁥􀁮􀁳􀀠and businesses (e,g., rebates to homeowners purchasing mulching lawnmowcrsor biodegradable lawn products);and • Tributary signage to increase public awateness of local water fJ:sources. 4D Reaching Diverse Audiences The public education program should use
a mix of appropriate local strategies to address the viewpoints and concerns of a variety of audiences and communities. including minority and disadvantaged communities. as well as children.
Printing posters and brochures in more than one language or posting large Wl\Illing sigus (e.g., cautioning against f!Shing Or swimming) near stonn sewer outfalls ate methods that can
be used to reach audiences less likely to read standard materials. Directing materials or outreach programs toward specific groups of commercial, industrial, and insurutional entities
likely to have siguificant stann water impacts is also recommended. For example, information could be provided to restaurants on the effects of grease clogging storm drains and to.auto.garages·on
the effects of dumping used oil into stOrm drains. Wbat Are Appropriate Measurable Goals? Measurable goals, wbich are required for each minimum cOlltrol measure. ate intended to gauge
permit compliance and program effectiveness. The measurable goals, as well as the BMPs, should reflect the needs and characteristics of the operator and the area served by its small
MS4. Furthermore, they shOUld be chosen using an integrated approacb that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this
minimum measure could include the following measurable goals: Target Date Activity I year......... . Brochures developed (bilingual, ifappropriate) and distributed in water utility bills;
a storm water botline in place; volunteer educators trained. 2 years ......... A web site created; school eurricula developed; storm drains stenciled. 3 years ....... .. A certain percentage
of restaurants nO longer dumping grease and other pollutants down storm sewer drains. 4 years ....... .. A certain percentage reduction in litter or animal waste detected in discbarges.
For Additional Information Contact oar U.S: EPA Office of Wastewater Management Phone: 202260-5816 • E-mail: SW2@epa.gov • Internet: www.epa.gov/owmlsw/phase2 Reference Documents ..,.
Stonn Water Phase II Final Rule Fact Sheet Series • Internet: www.epa.gov/owmlsw/phase2 .... Storm Water Phase II Final Rule (64 FR 68722) • Internet: www.epa.gov/owmlsw/phase2 • Contact
the U.S. EPA Water Resource Center Phone: 202 260-7786 E-mail: center. water-resource@epa.gov 
&EPA Stonn Water Phase II Final Rule Fact Sheet Series Overview 1.0 -Storm Water Phase II Final Rule: An Overview Small MS4 Program 2.0 -Small MS4 Storm Water Program OvelView 2.1 -Who's
Covered? Designation and Waivers of Regulated S'mall MS4s 2.2 -Urbanized Areas: Definition and 􀁄􀁥􀁳􀁣􀁲􀁩􀁾􀁴􀁩􀁯􀁮􀀠Minimum ControlMeiJsures 2.3 -Public Education and Outreach 2.4
-Public 􀁐􀁡􀁲􀁴􀁩􀁣􀁩􀁾􀁡􀁴􀁩􀁯􀁮􀁬􀀠Invotvement 2.5 -Illicit Discharge Detection and Elimination 2.6 -Construction Site Runoff Control 2.7 -Post·Construction Runoff Control Minimum
Control Measure 2.8 -Pollution PrevenlionlGood 􀁈􀁯􀁵􀁳􀁥􀁫􀁥􀁥􀁾􀁩􀁮􀁧􀀠2.9 -Permilling and 􀁒􀁥􀁾􀁯􀁲􀁴􀁩􀁮􀁧􀀺􀀠The Process and Requirements 2.10 -Federal and State·Operated MS4S:
Program 􀁉􀁭􀁾􀁬􀁥􀁭􀁥􀁮􀁴􀁡􀁬􀁩􀁯􀁮􀀠Construction Program 3.0 -Construction Program Overvim'V 3.1 -Construction Rainfali 􀁅􀁲􀁯􀁳􀁩􀁶􀁾􀁹􀀠Waiver Industrial "No Exposure" 4.0 -Conditional
No Exposure Exclusion for Industrial Activity Unite )ltes Office of Water EPA S33·F·OO·Q06Enviro, Q06Enviro, " \ lental Protection (4203) January 2000 Agency Fact Slieet 2.4 Storm Water
Phase II Final Rule Public Participation/Involvement Minimum Control Measure This fact sheet profiles the Public PanicipationlInvolvement minimum control measure, one of six measures
the operator of a Phase II regulated small municipal separate storm sewer sy,tcm (MS4) is required to include in its storm water management program to meet the cO,oditio", of its National
Pollutant Discharge Elimination System (NPDES) pennit. This fact sheet outl ines the Phase II Final Rule requirements and offers some general guidance on how to satisfy them. It is important
to keep in mind that the small MS4 operator has a great deal of flexibility in determining how to satisfy the minimum control measure requirements. Why Is Public Participation and Involvement
Necessary? EPA h::lieves 􀁾􀁡􀁴􀀠the public can provide valuable input and assistance to a regulated Small. · MS4 s mumclpal storm water management program and, therefore, suggests suggests
that the publIc he givcn opportunities to play an active role in both the development and implementation of the program. An active and involved community is crucial to the success of
a storm water management program because it allows for: Broader public support since citizens who panicipate in the development and decision making process are partially responsible
for the program and, therefore, may be less likely to raise legal challenges to the program and more likely to take an active role in il<;; implementation; • Shorter implementation schedules
due to fewer obstacles in the form of public and legal challenges and increased sources in the form of citizen volunteers; II broader base ofexpertise and economic benefits since the
community can be a valuable. and free. intellectual resource; and • II conduit to other programs as citizens involved in the storm water program development process provide important·cross-connection
s and relationships with other community and government programs. This benefit is particularly valuable when trying to implement a storm water program on a watershed basis, as encouraged
by EPA. What Is Required? TO 􀁾􀁡􀁬􀁩􀁳􀁦􀁙􀀠this minimum control measure, the operator of a regulated small MS4 must: o Comply with applicable State, Tribal, and local public notice
requirements; and o Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Possible implementation approaches, BMPs (i.e..
the program actions and activities), and measurable goals are described below. 
Measure What Are Some Guidelines for Developing and Implementing This Measure? Operators of regulated small MS4s should include the public in developing, implcmen.ting, and rcvicwing
their Stann water management programs. The public participation process should makc every effon to reach out ami engage all economic and ethnic groups. EPA recognizes that there are
challenges associated with public involvement. Nevertheless, EPA strongly believes that these challenges can be addressed through an aggressive and inclusi vo program. Challcnges and
example practices that can help cnsure successful panicipation are discussed below. implementation Challenges The best way to handle common notification and recruitment challenges is
to know the audience and think creatively about how to gain its attentioh and interest. Traditional methods of soliciting public input are nO! always successful in generating interest,
and subsequent involvement, ill all sectors of the community. For example, municipalities often rely solely on advenising in local newspapers to announce public meetings and othcr opportunities
for public involvement. Since there may be large sectors of the population who do not read the local press, the audiencc reached may be limited. Therefore, alternative advCftising methods
should be used whenever possible, including radio or television spots, postings at bus or subway stops, announcemcnt, in neighborhood newsletters, annOllncementli at civic organization
meetings? distiibution of flyers, mass mailings, door-to·door visits, telephone notifications, and mUltilingual announcements. These efforts, of course, are tied closely to the efforts
for the public education and outreach minimum control measure (scc Fact Sheet 2.3). In addition, advertising and soliciting for help should be targeted at specific population sectors,
including ethnic, minority. and low-income 􀁣􀁯􀁮􀁬􀁭􀁵􀁯􀁩􀁴􀁩􀁥􀁳􀁾􀀠aca.demia and educational institutions; neighborhood and community groups; outdoor recreation groups; and business
and industry. The goal is to involve a diverse cross-section of people who can offer a multitude of concerns, ideas, and connections during the program development process. Possible
Practices (BMPs) There are a varicty of prdctices that could be incorporated into a public participation and involvement program, such as: Public meetings/citizen panels allow citizens
to discuss various viewpoints and provide input concerning appropriate storm water mallagemem policies and BMPs; • Volullleer water quality monitoring gives citizens firsthand knowledge
of the quality of local water bodies and providt::s a cost-effective means of collecting water quality data; • Volunteer educators/spuaker.'t' who can conduct workshops, encourage public
panicipation, and staff special cveJl!S; • Storm drain stenciling is an impOrtant and simple activity that concerned citizens, especially students, can do; • Community clean-ups along
local waterways, beacbes, and around stonn drains; • Citizen watch groups can aid local enforcement authorities in the identification of polluters; and • "Adopt A Storm Drain" programs
encourage individuals or groups to keep storm drains free of debris and to monitor what is entering' local waterways through storm drains. What Are Appropriate Measurable Goals? Measurable
goals, whieh are required for each minimum . control measure, are intended to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, greatly depend
on the needs and characteristics of the operator and the area served by the small MS4. Furthennore, they should be chosen using an integrated approacb that fully addresses the requirements
and intent of the minimum control measure. An integrated approach for this minimum measure could include the following measurable goals: Target Date Activity I year............ . Notice
of a public meeting in several different print media and bilingaal flyers; citizen panel established; volunteers organiZed to locate outfallslillicit discharges and stencil drains. 2
years.......... Final recommendations of the citizen panel; radio spots promoting program and participation. 3 ycars.......... A cermin percentage of the community participating in community
clean-ups. 4 years.......... Citizen watch groups established in a certain percentage of neighborhoods; outreach to every different popUlation sector completed. For Additional Information
Contact "'" U:S. EPA Office of Wastewater Management • Phone: 202 260-5816 E-mail: SW2@epagov Internet: www.epa.gov/owmlsw/phase2 Reference Documents ... Stonn Water Phase II Final Rule
Fact Sheet Series • Internet: www.epa.gov/owmlsw/phase2 ... Stonn Water Phase II Final Rule (64 FR 68722) • Internet: www.epagov/owmlsw/phase2 • Contact the U.s. EPA Water Resource Center
Phone: 202 260-7786 -E-mail: center.water-resowce@epa.gov 
􀁕􀁮􀁩􀁴􀁥􀁾􀀠lIes Office of Waler EPA 833-F-OO-007 Enviro, .Jnlol Protection (4203) January 2000 Agency Fact Sheet 2.5 Storm Water Phase II&EPA Final Rule Illicit Discharge Detection
and Elimination Minimum Control Measure Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 -Stann Water Phase II Final Rule: An Overview Small MS4 Program 2.0 -Small MS4
Storm Water Program Overview 2.1 -WIlo's Covered? Designationand Waivers 01 Regulated S"mall MS4s 2.2 -Urbanized Areas: Definition and Description Minimum ControlMeasures 2.3 -Public
Education and Outreach 2.4 -Public ParlicipationlInvolvement 2.5 -Illicit Discharge Detection and Elimination 2.6 -Construction Site Runoff Conlml 2.7 -Post·ConslruCtion Runoff Control
2.8 -Pollution Prevention/Good Housekeeping 2.9 -Pennilting and Reporting:The Process and Requiremenls 2.10 -Federal and State·Operated MS4s: Program Implementation Construction Program
3.0 -􀁃􀁯􀁮􀁳􀁾􀁵􀁣􀁩􀁪􀁯􀁮􀀠Program Overview 3.1 -Conslroction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 -Condilional No Exposune Exclusion lor Industrial Activity This
fact sheet profiles the Illicit Discharge Detection and Elimination minimum control ",c"'ure, one or six measures the operator of a Phase 11 regul:ated small municipal separate storm
sewer system (MS4) is required to include in its storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit This faCl
sheet outlines the Pha.", II Final Rule requirements and offers some general guidance on how to satisfy them. It is important to keep in mind that the small MS4 operator has a great
deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements. What Is An "Illicit Discharge"? Pederal regulations define an iUicit discharge as .....
any discharge to an MS4 that is not composed entirely of storm water ... " with some exceptions. These exceptions include discharges rrom NPDES-permitted industrial sources and discharges
from fife-fighting activities. llIicit discharges (see Table I) are considered "illicit" because MS4s are not designed to accept, process, or discharge such non-storm water wastes. Why
Are Illicit Discharge Detection and Elimination Efforts Necessary? Disch'lfges from MS4s often include wastes and wastewater from non-storm water sources. A study conducted in 1987 in
Sacramento. California, found that almost one-half of the water discharged from a local MS4 was not directly attributable to precipitation runofr. A significant ponion of . these dry
weather flows were from illicit andlor inappropriate discharges and connections to the MS4. Table 1 Sources of Illicit Discharges Sanitary wastewater Effluent frOm septic tanks Car wash
wastewaters Improper oil disposal Radiator flushing disposal Laundry wastewaters Spills from roadway accidents Improper disposal of auto and household toxies Illicit discharges enter
the system through either direct connections (e.g .• wastewater piping either mislakenly or deliberately connected to the storm drains) or indirect connections (e.g" infiltration into
the MS4 from cracked sanitary systems, spills collected by drain outlets. or paint or used oil dumped directly into a drain). The result is untreated discharges that comrihllte high
levels of pol!uWlts. including heavy metals. taxies. oil and grease, solvents, "ulricm,. viruses, and bacteria to receiving waterbodies. Pollutant levels from these iUidt discharges
have heen shown in EPA studies to be high enough to significantly degrade receiving water quality lind threaten aquatic, wildlife, and human health. 
. /Fact Shee12.S -Illicit Discharge Detection and Elimination Minimum Control Measure Page 2 What Is Required? R􀁥􀁣􀁯􀁧􀁮􀁩􀁾􀁩􀁾􀁧􀀠the adverse effects illicit discharges can have
on recel vlOg waters. the final rule requires an operator of a regulated small MS4 to develop, implement and enforce an illicit discharge detection and eliminalion program. This program
mllst include the following: o A storm sewer system map, showing the location of all out falls and the names and location of all waters of !he United States !hat receive discharges from
those outfalls; a Through an ordimulce, or other reguiatory mechanism, a prohibition (to the extent allowable under State, Tribal, or local law) on non-storm water discharges into the
MS4, and appropriate enforcement procedures and actions; a A. plan to detect and address non-storm water discharges. including illegal dumping. into the MS4; o The educalion of public
employees, businesses, and !he general public about the hazards associated with illegal discharges and improper disposal of waste; and o The determination of appropriatc best management
practices (BMPs) and measurable goals for this minimum control measure. Some program implemeillation approaches, BMPs (Le., the program action"'.ctivities), and measurable goals are
suggested below. Does This Measure Need to Address All Illicit Discharges? No. The illicit discharge detection 'and elimin:tion program does not need to address the followmg . categories
of non-stonn water discharges or flows unless the operator of the regulated small MS4 identifies them as significant contributors of pollutants to its MS4: Water line flushing; Landscape
irrigation; • Diverted stream flows; Rising ground 􀁷􀁡􀁴􀁥􀁲􀁾􀀻􀀠 • Uncontaminated ground water infiltration; • Uncontaminated pumped groulid water; • Discharges from potable walcr
,ources; Foundation drains; • Air condilioning condensation: Irrigation water: Springs; • Water from crawl space pUJnpJ\,: • Footing drains; • Lawn watering; • Individual residential
car washing; • Flows from riparian habitats and wetlands; • Dechlorinated swimming pool discharges; and • Street wash water. What Are Some Guidelines for Developing and Implementing
This Measure? The ohjective of the illicit discharge detection and elimination minimum control measure is to have regulated small MS4 operators gain a thorough awareness of their systems.
This awareness allows !hem to determine the types and sources of illicit discharges entering their system; and establish the legal, technical, and educational means needed to eliminate
these discharges. Permittees could meet these Objectives in a variety of ways depending on their indi vidual needs and abilities, but some general guidance for each requirement is provided
below. The Map The storm sewer system map is meant to demonstrate a basic awareness of the inme and discharge areas of the system. It is needed to help determine the extent ofdischarged
dry weather flows, the possible sources of the dty weather flows, and the particular waterbodies these flows flows may be affecting. An e)(isting map, such as a' topographical map, on
which the location of major pipes and outfalls can be clearly presented demonstrates such awareness. EPA recommends collecting all existing infonnation on outfall locations (e.g., review
cily records, drainage maps, storm drain maps). and then conducting field surveys to verify locations. It probably will be necessary to walk (Le., wade through small receiving waters
or use a boat for larger waters) the streambanks and shorelines for visual observation, More than One trip may be needed to locate all outfalls. Legal Prohibition and Enforcement EPA
recognizes that some permittees may have limited authority under State. Tribal Or local law to establish and enforce an ohlinance or other regulatory 􀁭􀁥􀁣􀁨􀁾􀁩􀁳􀁭􀀠prohibiting illicit
discharges. In such a case, !he permittee is encouraged to obtain the necessary authonly, if possible. The Plan The plan to detect and address illicit discharges is the central component
of this minimum control measure. 􀁔􀁨􀁾􀁰􀀽􀀮􀁩􀁳􀀠. . factors. including the peImltree'i"'" . and"de="""iiffil'A."'!"'",-" . . f 􀀻􀁬􀁾􀁴􀁩􀁾􀁾􀁾􀀡􀀺􀀺􀁾􀀠􀁥􀁬􀀻􀁶􀁾􀀻􀁩􀁯􀁮􀁬􀁳􀁡􀁩􀀱􀁩􀁦􀀱􀀱􀀡􀁩􀁾�
�􀀺􀁥 􀁾􀀠recommends for use in meeting their NPDES stonn 
water geneml permit for small 􀁦􀁾􀁲a recommended o Locale Problem Areas EPA recommends thal priority arcas he identified for detailed """",ning of the system based on the likelihood
of illicit connections (e.g., orcas with older sanitary sewer e Find the Source Once a problem area or discharge is found, additional efforl, usually are necessary to determine the source
of the .. 􀁾􀁔􀀺􀁾􀁹􀁩􀁤􀁥􀁯"toJnspect thc-st,orm sewers,: 􀀭􀁾􀀭􀀧􀁾􀀠.••• _'''_ ••• ___ ,.. t __ , ... :_•• , '_"'_ 􀀮􀁾􀀢􀀠e Remove/COI'recllllicil Connections Once the source is
identified. 􀁴􀁨􀀻􀀺􀁜􀁽􀀧􀁦􀁦􀁥􀁮􀁤􀁩􀁰􀁧􀀧􀀼􀀡􀁩􀁾􀁾􀁊􀁌􀁾􀀻􀀠t, 'should be notified arid directed to correct the piQbleni..: .Edu'caiio,; cfron;; 􀁡􀁾􀀬􀀺􀁩􀀧working";ith thcdiSctiargi;r'C':;be
effective in resolving the problem hofore taking legal action. o Document Actions Taken As a final 􀀢􀁴􀁥􀁰􀀬􀁾􀁬􀁬􀁡􀁣􀁴􀁩􀁯􀁮􀁳􀀠taken under the 􀁰􀁬􀁡􀁮􀀭􀀬􀀮􀁾􀁾􀁾􀁊􀁾􀀠'r ,{he documented.,
Thi, illustrates that progress ;sbernj;f:"" '?'maae: lb"ellmillate' illicit connectioll!'; and di.:;charges. Documented actions should be included in annual reports and include information
such 􀁡􀁳􀀺􀁴􀁨􀁩􀀧􀀺􀁮􀁜􀁩􀁲􀁩􀁩􀁾􀁾􀀺􀀿􀀬􀁾􀀬􀁬􀀧􀁊􀁬􀁬􀁗􀁬􀁾􀀩􀁻􀀬􀀠_,screened; any complamts-tetelVci:l and correctci:l;::,u.",· .􀀺􀁾􀁵􀁲􀁲􀀬􀀮􀁾􀁣􀁲􀁯􀁦diSCharge.,anctquaiiu(ies
􀁯􀁦􀁦􀁬􀁯􀀺􀁷􀀧􀁥􀁉􀁛􀀡􀁬􀁬􀁬􀁾􀀻􀀰􀀧􀀬􀁾􀀢􀀠__􀀬􀁾􀀬􀀮􀁾􀀮􀁾􀀮􀀳􀀧􀀮􀁟􀁾􀁾􀀮􀂷􀀠_.......-.-," ___..􀁟􀀮􀁾􀀠.__ ",__ -.."..􀀮􀁸􀀮􀀮􀀢􀁴􀀮􀀮􀀰􀁟􀀼􀀮􀁾􀀠􀀧􀁾􀀻􀁬􀀧􀀡􀁬􀁤􀀠the number of
􀁤􀁹􀁥􀁯􀁲􀁾􀁾􀀬􀀡􀀬􀀹􀁫􀁥􀁊􀀧􀀿􀀬􀁾􀁃􀁓􀀮􀁣􀀬􀀬􀁾􀁤􀀮􀀧􀁬􀀡􀀺􀁾􀀼􀀺􀀡􀀡􀀺􀀱􀀤􀀠􀀧􀀮􀀭􀀭􀀮􀀮􀀨􀁾􀀭􀀢􀀧􀀺􀀢􀁟􀀮􀀧...,,-. _ •• hM·· ____􀁾􀀢__ Educational Outreach Outreach to public em[Jloyecs,
􀁨􀁵􀁳􀁩􀁮􀁴􀀺􀁳􀁾􀁥􀁳􀀬􀀠property owners, the general communit)" and 􀁥􀁫􀁣􀁴􀁾􀁤􀀠orricials regarding ways to detect ancl eliminate illicit 􀁤􀁩􀁳􀁣􀁨􀁡􀁲􀁧􀁴􀀺􀁾􀀠is an integral part
of this minimum mcusun: that will help gHin support for the ,permittee's storm water program. Suggested educational outreach efforts include: Developing informative brochures, and guidances
for specific audiences (e,g., ca.tpet cleaning businesses) and school curricula; • Designing a program to publicize and facilitate public reporting of illicit discharges; Coorditulting
volunteers for locating, and visuaUy inspecting, outfalls or to stencil storm drains; and • Initiating recycling prO!{rams for commonly dumped wastes, such as motor od, antifreeze, and
􀁰􀁥􀁳􀁴􀁩􀁾􀁩􀁤􀁥􀁳􀀮􀀠What Are Appropriate Measurable Goals? Measurable goals, which are required for each minimum control measure, are intended to gauge pennit . compliance and program
effectiveness. The measurable goals, as well as the BMPs, should reflect the needs and characteristics of the operator and the area served by its small MS4. Furthermore, they should
be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this minimum measure could include
the following measurable goals: Target Date Activity ·'!1'·1 yeai:,:,:..,::::yeai:,:,:..,::::c·l!§i}wer systeIIl.l)laP 􀁣􀁯􀁭􀀮􀁰􀁩􀁩􀀧􀁾􀀮􀁩􀁬􀁾􀁲􀁥􀀧􀁦􀁹􀁾􀀮􀁾􀁧'. .... -'" program
􀁦􀀨􀁽􀁩􀁨􀁯􀁕􀀻􀁾􀁨􀁪􀀾􀁬􀁤􀁬􀁩􀁡􀁺􀁩􀁩􀁩􀁤􀁯􀁵􀁳􀀺􀁷􀀮􀁾􀁩􀁥􀁩􀁮􀀠􀂷􀁩􀀧􀁰􀁬􀁡􀁣􀁥􀁾􀁲􀂷􀂷􀀭􀂷􀀢􀀠J,-",,,.-.,., __􀁾􀀬􀀬􀁾􀀬• .. 2 years.......... Ordinance in place; training for
pUblic employees completed; a certain percentage of sources oflliicit discharges determined. 􀀧􀁾􀀠years.......... A certain percentage 'of 􀁩􀁬􀁬􀁩􀁣􀁩􀀬􀁜􀀡􀁉􀁾􀁣􀁬􀀡􀁬􀀱􀁲􀁧􀁥􀁳􀀠,
-'ll 􀁤􀁥􀁴􀁩􀁃􀁴􀁣􀁩􀀺􀁬􀀻􀀭􀁩􀁬􀁬􀁩􀁣􀁩􀁦􀁬􀁬􀁩􀁓􀁣􀁨􀀱􀁬􀁲􀁧􀁾􀁾􀁀􀁾􀁾􀀧􀁡􀁮􀁤􀀠hojiseholdspamcipating 􀁩􀁮􀀧􀁱􀁵􀀬􀁾􀁬􀀮􀁦􀀠. "household hiiZlltnous 􀁷􀁾􀁾􀀺􀂧􀁰􀀼􀂧􀀧􀁩􀀮􀁾􀁬􀀠.
􀁾􀁦􀀠􀁾􀁴􀁩􀁩􀀱􀁥􀁣􀁴􀁦􀁑􀁮􀁾􀁩􀁪􀀬􀁡􀁹􀁳􀀻􀁾􀀢􀀭􀁾􀀧􀀭􀀭􀀭4 years.......... Most illicit discharge sources detected and eliminated. The educational outreach measurable goals for this
minimum control measure could be combined with the measurable goals for the Public Education and Outreach minimum control measure (see Fact Sheet 2.3). 
Measure For Additional Information Contact ®' u.s. EPA Oflice of Wastewater Management Phone: 202260-5816 E-mail: SW2@epa.goY Intcrnet: www.epa..gov/owmfsw/phase2 Rejercllce 􀁄􀁯􀁣􀁾􀁭􀁥􀁮􀁴􀁳􀀠"""
Storm Water Phase 11 Final Rule Fact Sheet Series • Internet: www.epa.gov/owmfsw/phase2 1& Storm Water Phase II Final Rule (64 FR 68722) rnternet: www.epa.goy/owmfsw/phase2 • Contact
the u.S. EPA Water Resource Center Phone: 202 260-7786 -E-mail: center. waler-resource@epa.goy Sources Maryland Department of the Environment, Water Management Administration. 1997.
Dry Weather Flaw and Illicit De,eharges in Maryland Storm Drain Systems. Baltimore, Maryland. U.S. EPA Office of Wati!r. 1993. investigation of inappropriate Pol/utant Entries into Storm
Drainage Systellls: A User"s Guide. EPA/600lR-92f238 . . Washington, D.C. Wayne County Rouge River National Wet Weather Demonstration Project. 1997. Guidancefor Preparing a Pmgramfor
the Elimination ofillicit Discharges. Wayne County, Michigan.' • 
United' 'Ies Office of Water EPA 833-F-00-008 Envirol ;ntal Protection (4203) January 2000 Agency Fact Sheet 2.6 &EPA Stonn Water Phase II Final Rule Fact Sheet Series Overview 1.0 -Storm
Water Phase II Final Rule: An Overview Small MS4 Program 2.0 -Small MS4 Storm Water program Overview 2.1-Who's Covered? Designation and Waivers of Regulated Small MS4s 22 -Urbanized
Areas: Definition and Description Minimum ConllOJ MeastJres 2.3 -Public Education and Outreach 2.4 -Public Participationi Involvement 2.5 -Illicit Discharge Detection and Elimination
2.6 -Construction Site RunoW Control 2.7 -Posl·Consttuction Runoff 􀁃􀁯􀁮􀁾􀁯􀁉􀀠2.8 -Pollution PreventioniGood Housekeeping 2.9 -Permitting and Reporting; The Process and Requiremen1s
2.10 -Federal and State·Operated MS4s: Program Implementalion Construction Program 3.0-Construction Program OvefView 3.1 -Construction Rainfall Erosivity Waiver Industrial "No Exposure"
4.0-Conditional No Exposure Exclusion for Industtial Acovity Storm Water Phase II. Final Rule Construction Site Runoff Control Minimum Control Measure This fact sheet profiles the. Construction
Site Runoff Control minimum control measure, one of six measures that the operator of a Phase nregulated small municipal separate storm sewer system (MS4) is required to include in its
storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sbeet outlines the Phase II Final Rule requirements
and offers some general guidance on how to satisfy them. It is important to keep in mind that the small MS4 operator has a great deal of flexibility in choosing exactly how to satisfy
the minimum control measure requirements. Why Is The Control of Construction Site Runoff Necessary? Polluted storm water runoff from construction sites often Table 1 flows to MS4s and
ultimately is discharged into local 􀁲􀀺􀀭􀀺􀀭􀀭􀀬􀀭􀀭􀀭􀀺􀀺􀀺􀁾􀀭􀀬􀀭􀁣􀀭􀀽􀀠rivers and streams. Of the pollutants listed in Table I, sediment is usually the main pollutant of concern.
Sediment runoff rates from construction sites are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000 times greater than those of forest lands. During
a short period of time, construction sites can contribute mOre sediment to streams than can be deposited naturally during several decades. The resulting siltation, and the contribution
of other pollutants from construction sites, can cause physical, chemical, and biological harm to our nation's waters. For example, excess sediment can quickly fill rivers and lakes,
requiring dredging and destroying aquatic habitats. What Is Required? The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program
to reduce pollutants in storm water runoff to their MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. The small MS4 operator is
required to: 􀁾􀀮􀁴􀁲􀀧􀀬􀁬􀀠Have an ordinance or other regulatory mechanism requiring the implementation of .<,-proper erosion and sediment controls, and controls for other wastes,
on applicable construction sites; 􀀢􀀢􀁯􀁾􀀠Have procedures for site plan review of construction plans that consider potential water quality impacts; fen Have procedures for site inspection
and enforcement of control measures; -" 􀀢􀀻􀀻􀀺􀁾􀀠 Have sanctions to ensure compliance. (established in the ordinance or other regulatory mechanism); 
Site 4Iln Establish procedures for me receipt and 'consideration of information submitted by me public; and Determine the appropriate best management practices (BMPs) and measurable
goals for mis minimum control measure. Suggested BMPs (i.e., me program ,actions/activities) and measurable goals are presented below. What Are Some Guidelines for Developing and Implementing
This Measure? ....-;urther explanation and guidance for each component of a r regulated small MS4's construction program is provided below. Regulatorv Mechanism .r••􀀬􀁣􀀺􀀭􀁾􀁾development
􀁾􀁡􀁮􀀹􀁲􀁤􀁩􀁮􀁡􀁾􀁾􀁩􀀧􀁾􀀡􀁬􀀡􀁾􀁮􀀡􀀨􀁬􀀡􀀡􀁬􀁡􀁊􀀬􀁬􀀱􀁾􀀻􀁜.• 􀁭􀁾􀁾􀀬􀀡􀀡􀀬􀁊􀁾􀁲􀁮􀀬􀀧􀁭􀁥􀀠smull MS4 operatcirmust eSfu6lisn a jlilL 􀁾􀁾􀀠construction progranl mat controls
polluted runoff from construction sit"-' wim a land disturbance of greater man or equal to one acre. Because mere may be limitations on regulatory legal a"morlty, me small MS4 operator
is required 􀁾􀀮􀁴􀁯􀀮􀁳􀀮􀁾􀁴􀀮􀁩􀁾􀁦􀁹􀁊􀁉􀀩􀁩􀁾􀁟􀀬􀀡􀀬􀁩􀀮􀀡􀀬􀁩􀀮􀁬􀀩􀀩􀁜􀁊􀁭􀀮􀀬􀁦􀁩􀁯􀁟􀀧􀀡􀀮􀀮􀀱􀀡􀀡􀀧􀁌􀁲􀁰􀁥􀁡􀀢􀁵􀁾􀁥􀀩􀁯􀁮􀁬􀁹􀀠to th""IUt;dlllum -. •-i,e"tent,practicable;
and allowable.un'der 􀁓􀁴􀁡􀁏􀁏􀁾􀀧􀁔􀁲􀁩􀁬􀁪􀁩􀁩􀁬􀀢􀀻􀁦􀁦􀂷􀁩􀁃􀀻􀀻􀀻􀀳􀁊􀂷􀀠..:"'":\aw•.' . '.' ,.... ....." 􀀮􀀺􀀺􀀺􀁾􀀺􀀺􀀺􀁽􀀺􀀩􀁾􀀠.. Site Plan Review The small MS4 􀁯􀁰􀁥􀁲􀁡􀁴􀁯􀁴􀁩􀁩􀁩􀁩􀁩􀁳􀁩􀁩􀁲􀁬􀁃􀁬􀁵􀁩􀁬􀁥􀁩􀁮􀁩􀁴􀁓􀀨􀀻􀁯􀁪􀁪􀁳􀁴􀁲􀁵􀁤􀁴􀁩􀁑􀀱􀁩􀁾􀀠"';program
􀁲􀁥􀁱􀁾􀁬􀁲􀁩􀀺􀁭􀁥􀁮􀁴􀁓􀀠for me imple,pentat;on Of appro¢'ate c",BMl's.qriconstr;ictionsites to contrOi'erosiojl,and sed!ffi!rrii ",and other:waste 􀀺􀁡􀁮􀁬􀁩􀁥􀁾􀁳􀀮􀁩􀁴􀁥􀀾􀀬􀁔􀁯􀀠determine
if a 􀁣􀁯􀁮􀁳􀁕􀀻􀀺􀀻􀁣􀁴􀁴􀁯􀁾site is in compliance wim such'provisions, the small MS4 operator 􀁳􀁨􀁯􀁵􀁬􀁤􀀮􀁲􀁥􀁹􀀡􀁾􀀠􀁭􀁱􀁩􀀮􀁴􀁾􀀩􀀮􀀡􀀡􀁾􀁳􀀠submitteli, by me construction site
operatofl?efo,:, 􀁧􀁦􀁑􀀨􀁪􀁮􀀨􀁦􀁬􀁳􀁾􀀤􀁩􀁊􀀠Site plan review aids in compliance and enforcement effortS since it alerts the small MS4 operator early in me p1:ocess to me planned use
or non-UsC of proper 13MPs and provides a way to track new construction activities. The The tracking of sites is useful not only for me small MS4 operator's recordkeeping and reporting
purposes, which are required under their NPDES storm waler permit (see Pact Sheet 2,9), but also for members of me public interested in ensuring mat me sites are in compliance. Inspections
alld Penalties Once construction commences, BMPs sjJould be in place aod me small MS4 operator's enforcement activities should begin. To ensure that the I3MPs arc properly installed,
me small MS4 operator is required to 􀁩􀁜􀁾􀁩􀁻􀁲􀀮􀁾􀁰􀀮􀀠􀁰􀁾􀁾􀁵􀀬􀁴􀁾􀁾􀀻􀁴􀀹􀁻􀁾􀁴􀂧􀀮􀀺􀁌􀁾􀁾􀁌􀁬􀁮􀀬􀀠if'lllld emorcemel1l oTcontro iliIrures to detefiiifrnalodir""'".>'"_"...._,:;-_
.... 􀂷􀀮􀀺􀀮􀀬􀀮􀀺􀀺􀀺􀀮􀀮􀀮􀀺􀀮􀀺􀀻􀀺􀀻􀀢􀀮􀁟􀁾􀀭􀀧􀁾.. w .. 􀁜􀀬􀀧􀀮􀀮􀀮􀀬􀀺􀀮􀀮􀀮􀀮􀀮􀀮􀀭􀀮􀀭􀀧􀀭􀀢􀀧􀁾􀀠.........., •• 􀀢􀀭􀀬􀀭􀀮􀀮􀀮􀂷􀀻􀀮􀂷􀀴􀀻􀀬􀀧􀀮􀀮􀀺􀁾􀀬􀀮􀀮􀀮􀀻􀁴􀀻􀀬􀁾􀀠
Procedures could lIlelude steps to identlfy priority Sttes for inspection and 􀁣􀁮􀁦􀀨􀀩􀁲􀁣􀁥􀁭􀁣􀁮􀁾􀁾􀁩the nature and extent of me cOllS!ruclill operators is to have these inspections
performed by the same inspedtor mat visits me sites 10 check compliance wim healm and safetY building codes. Information Submitted by the Public A final requirement of me small MS4 program
for construction activity is me development of procedures for me receipt and consideration of public inquiries, concerns, and information submitted regarding local construction activities,
This provision is intended to futilier reinforce me public participation component of the regulated small MS4 storm water program (see Pact Sbeet 2.4) and to recognize me crucial role
that me public can play in identifying instances of noncompliance . The small MS4 operator is required only to consider me information submitted, and may not need to follow·up and respond
to every complaint or concern. Almough some form of enforcement action or reply is not required, me small MS4 operator is required to demonstrate acknowledgment and consideration of
me. information submitted. A simple tracking process in which submitted public information, both writlen and verbal, is recorded and then given to me construction site inspedtor for
possible follow-up win suffice. What Are Appropriate Measurable Goals? Measurable gnals, which are required for each minimum control measure, are intended to gauge permit compliance
and program effectiveness. The measurable goals, as well as me 13MPs, should reflect the needs and characteristics of the operator and me area served by its small MS4. Furthermore, they
should be chosen using an integrated approach mat fully addresses me requirements and intent of me minimum control measure. An integrated approach for mis minimum measure could include
me following measurable goals: . Target Date Activity I year ........... ·. 􀁾􀀧􀁬􀁜􀁴􀁬􀀮􀁾􀁾􀁾􀀺􀀻􀀻􀁏􀀡􀀮􀁾􀁾􀁾􀁾􀁊􀁾􀁾􀁲􀁹􀁴􀀿􀀧􀀮􀀻􀁪􀀡􀁲􀁾􀀠􀁪􀁾􀁾􀁾􀁾􀁾􀂥􀁮􀁲􀁧􀁲􀁾􀁾􀀺􀀡􀁩􀁬􀁬􀁾􀁬􀁔􀁾􀁾􀀿􀁾􀀮�
�􀁥􀁾􀁾􀀠2 years ......... . Procedures for site inspedtions implemented; a certain percentage rare of compliance achieved by construction operators. 3 years ......... . Maximum compliance
wim ordinance; 􀂷􀁾􀁾􀁾􀁾􀁾􀀺􀁊􀀲􀁤􀁾􀁾􀁾􀁾􀀲􀀺􀀱􀁾􀀡􀁫􀁾􀁾􀂷􀀠4 years .......... 􀁉􀁟􀁾􀁩􀁦􀁦􀁾􀀧􀁦􀁾􀂷􀁾􀁾􀁾􀁾􀁾....􀁯􀁾􀁾􀀠􀁾􀁥􀁮􀁳􀁩􀁴􀁩􀀠ve aquatic organisms in local waterbodies,

Are Construction Sites Already Covered Under the NPDES Stonn Water Program? Yes. EPA's Phase I NPDES storm water program requires operators of construction activities that disturb five
or IIlOre acres to obtain a NPDES construction storm water permit. General permit rcquirell'l<lnts include the submission of a Notice of Intent and the developniont of a storm water
pollution prevention plan (SWPPP). The SWPPP must include a site dl.!scription and measures and controls to prevent or minimize pollutants in storm water discharges. The Phase II Final
Rule similarly regulates discharges from smaller construction sites disturbing equal to or greater than one acre and less than five acres .(see Fact Sheet 3.0 for information on the
Phase II construction program). Even though all construction sites that disturb more than one acre are covered nationally by an NPDES stonn water permit, the construction l'ite runoff
control minimum measure for the small MS4 program is needed to induce more localized site regulation and and enrorcement efforts, and to enable operators of regUlated small MS4s to more
effectively control construction site discharges into their MS4s. To aid operato" of regulated construction sites in their efforts to comply with hoth local requirements and their NPDES
permit. the Ph.,e 11 Final Rule includes a provision that allows the NPDES permitting amhority to reference a "qualifying State, Tribal or local program" in the NPDES general permit
for cons.truction. ),his means that if a construction site is located in an area covered by a qualifying local program, then the construction site operator's compliance with the local
program consti tule.< compliance with their NPDES permit. A regulated small MS4's storm water program for construction could be a "qualirying program" if the MS4 operator requires a
SWPPP, in addition to the requirements summarized in this fact sheet. The ability to reference other program., in the NPDES permit is intended to reduce confusion between overlapping
and similar requirements, while still providing for both local and national regulatory coverage of the construction site. The provision allowing NPDES pe{rnitting authorities to reference
other programs has no impact on, or direct relation to, the small MS4 operator's responsitiilities under the construction site runoff control minimum measure profiled here. Is a Small
MS4 Required to Regulate Construction Sites that the Permitting Authority has Waived from the NPDES Construction Program? For Additional Information Contact "'" U.S. EPA Office of Wastewater
Management • Phone: 202260-5816 • E-mail: SW2@epa.gov Internet: www.epa.govlowmlswlphase2 Reference Documents "'" Storm Water Phase II Final Rule Fact Sheet Series • Internet: www.epa.govlowmlswlpbas
e2 "'" Stonn Water Phase II Final Rule (64 FR 68722) • Internet: www.epa.govlowmlswlphase2 • Contact the U.S. EPA Water Resource Center Phone: 202260-7786 E-mail: center. watcr-resoun:e@epll-gov

United' les Office of Waler EPA 833-F-OO-009 Enviror. J'ntal Protection (4203) January 2000 Agency Fact Sheet 2.7 Storm Water Phase II &EPA Final Rule Post-Construction Runoff Control
Minimum Control Measure Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 -Storm Water Phase II Final Rule: An Overview Small MS4 Program 2.0 -Small MS4 Storm Water Program
Overview 2.1 -Who's Covered? Designafionand Waivers of Regulated Small MS4s 22 -Urbanized Areas: Definition and Description Minimum ControlMeasures 2.3 -Public Education and Outreach
2.4 -Public Participation! Involvement 2.5 -Illicit Discharge Deleclion and Elimination 2.6 -Construction Sile Runoff Control 2.7 -POSl-ConslruCtion Runoff Control 2.8 -Pollution Prevention/GoodHouse
l<.eeping 2.9 -Permitting and Reporting: The Process and Requiremenls 2.10 -Federal and State·Operated MS4s: Program Implementafion Construction Program 3.0 -Construction Program Overview
3.1 -Construetion RainFall Erosivfty Waiver Industrial "No Exposure" 4.0 -Conditional No Exposure Exdusion for Industrial Activity ThiS fact sheeL profiles the Post-Construction Runoff
Control minimum control measure, one of "LX mellSmcs that the operator of a Phase IIregulated small municipal separate storm sewer system (MS4) is required to include in its storm water
management program in order to meet the conditions ofits National Pollutant Discharge Elimination System (NPDES) permit. This fuct sheet outlines the Phase II Final Rule requirements
for post-construction runoff control and offers some general guidance on how to satisfy those requirements. It is important to keep in mind that the small MS4 operator has a great deal
of flexibility in choosing exactly how to satisfy the minimum control measure requirements. Why Is The Control of Post-Construction Runoff Necessary? P􀁯􀀡􀀬􀀻􀁬􀁾􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁴􀁩􀁯􀁮􀀠storm
water management in areas undergoing new development or redevelopment is necessaty because runoff from these areas has been shown to significantly eITect receiving waterOOdies. Many
studies indicate that prior planning and design for the minimization of pollutants in post-construction storm water discharges is the most cost--effective approach to storm water quality
management. There arc generally two forms of substantial impacts of post-construction runoff. The ftrSt is caused by an increase in the type and quantity of pollutants in storm water
runoff. As runoff flows over areas altered by development, it picks up harmful sediment and chemicals such as oil and grease, pesLicides, heavy metals, and nutrients (e.g., nitrogen
and phosphorus). These pollutanLs often become suspended in runoff and are carried to receiving waters, such as lakes, pond,. and streams. Once deposited, these pollutants can enter
the food chain through small aqua,ic Ii fe, eventually entering the tissues of fISh and humans. The second kind of postcon.<tnlction runoff impact occurs by increasing the quantity of
water delivered to the waLcrbody during storms. Increased impervious surfaces interrupt the natural cycle of gradual percolaLion of water through vegetation and soiL Instead, water is
collected from surlaces such • .< asphalt and concrete and routed to drainage systems where large volumes of runoff quickly flow to the neareSl receiving water. The effects· of this
process include streambank scouring and down.<tream nooding, which often lead to a loss of aquatic life and damage to property. What Is Required? The Phase 11 rina! Rule requires an
operator of a regulated small MS4 to develop, 􀁩􀁭􀁰􀁬􀁥􀁭􀁥􀁮􀁾􀀠and enforce a program to reduce pollutants in post-construction runoff to their MS4 from new development and redevelopment
projects that result in the land disturbance of greater than or equallo I acre. The small MS4 operator is required to: o Develop and implement strategies which i;lclude a combination
of structural andlor nonstructural best management practices (BMPs); o Have an ordinance or other regulatory mechanism requiring the implementation of postconstruction runoff controls
to the extent extent allowable under State, Tribal or local law, 
Fact Sbeet 2.7 -"ost-Construction ,< lorr Control Minimum Control Measure Page 2 CI Ensure adequate long-term operation and maintenance of eontrols; CI Determine the appropriate best
management praetices (BMPs) and measurable goals for this minimum control measure. What Is Considered a "Redevelopment" Project? The term ·'redevelopment" refers to alterations of a
property that change the "footprint" or a site Of building in such a way that there is a disturbancc or equal to or greater than I aere of land< The tern, does nOt include such activitie"
"" exterior remodeling. Becau.<e redevelopment projccts may have site constrainll; not found on new development sites, the rule provides Oexibility for implementing post-construction
controls on redevelopment sites thal 􀁣􀁯􀁮􀁳􀁩􀁤􀁾􀁥􀁲􀀠􀁬􀁨􀁾􀁳􀁣􀀠constraints. What Are Some Guidelines for Developing and Implementing This Measure? This section includes some sample
non-structural and strucLUral BMPs that could be uscd to satisry the requirement"i of the post-construction runoff control minimum measure. It is important to recognize that many BMPs
are climate-specific, and not all BMPs "rc uppropriate in every geographic area. Because the requirements of this measure are closely tied to the requirements or the constmction site
runoff control minimum measure (sec ..act Sheet 2<6), EPA recommends [hat small MS4 operators develop ano implement these two measures in tandem< -Sample I3MPs follow. Q Non-Structural
BMPs • Planning and l"'ocedures< RUllorr problems can be addressed efficiently with soulld planning procedures. Master Plans, Comprehensive Plans, and zoning ordinances can promote improved
water quality by guiding the growth of a corrullunity away from sensitive areas and by restricting certaln types of growth (industrial, for example) to areas that can support it without
compromising water quality. • Site-Based Local Conll'ols< These controls can include buffer Strip and riparian zone preservation, rninimiy.alion of dislurbanct.! and imperviousness,
and maximization of open space. Q Structural BMPs Storage I'raclices< Stor.Jgc or detention I3MPs control storm water by gathering runorr in wet pOllds, dry basi"", or multichamber catch
ha,ins and 'lowly releasing it lO receiving Water!' or drainage systems. These practices both control storm water volume and settle out particulates for pollutant removal. ? f/....v
􀁒􀁦􀁬􀁗􀁫􀀾􀁾􀀠, • Infiltration Practices. Inftitration BMPs are designed to facilitate the percolation of runoff through the soil to ground water, and, thereby, result in reduced storm
water quantity aod reduced mobilization of pollutants. Examples include infiltration basins/trenches, dry wells, and porous pavement. • Vegetative Practices. Vegetative BMPs are landscaping
features that, with optimal design and good soil conditions, enhance pollutant removal, maintain/improve natural site hydrology, promote healthier habitats, and increase aesthetic appeal.
Examples include grassy swales, ftlter strips, artificial wetlands, and raln gardens. What Are Appropriate Measurable Goals? M easurable goals, which are required for each minimum control
measure, are intended to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, should reflect needs and characteristics of the operator and the
area served by its small MS4. Furthermore, the measurable goals should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control
me""lirC. An integrated approach for this minimum measure could include<the following goals: Target Date Activitv I year<.OH"..... . Strategies developed that include structural andlor
non-structural BMPs. 􀀭􀁾􀀲􀀠years .... < ...... . Strategies codified by use of ordinance:or< ".'other reguhttory'􀁭􀁥􀁾􀁨􀁾􀂷􀁾􀁩􀁩􀁩􀁮􀀺􀀬􀁩􀁩􀁾􀁾􀁴􀀺􀀮􀁾􀁾􀁾􀁾􀂷􀀻􀀺􀀬􀀠3 years<".......
. Reduced percent of new impervious surfaces associated with new development projects. ,4years.. ,,:....􀀺􀁾􀀠Improved c1ari1fBn_d_i'¥u·cea'Sed}ID:elill!li.o.'!. .• <of local wat€rbodies.
. .....􀀭􀀭􀀭􀀭􀁾􀀺􀁾􀀭􀀮􀁾􀁾􀀺􀀺􀀺􀀠􀁾􀀺􀁾􀀮􀀩􀀮􀀠For Additional Information Contact I!iii'" U.S..EPA Office ofWastewa!er Management Phone: 202260-58\6 • E-mail: SW2@epa<gov • Internet:
www<epa.gov/owmlsw/phase2 Reference Documents ow Storm Water Ph""e II Final Rule Fact Sheet Series • Internet: www.epa.gov/owmlsw/ph""e2 .... Storm Water Phase II Final Rule (64 FR 68722)
• Internet: www.epa<gov/owmlsw/phase2 Contact the U.S< EPA Water Resource Center -Phone: 202 260-7786 -E-mail: center.water-resource@epa.gov 
United r las Office of Water EPA a33-F-OO·010 Envirol. "nlal Protection (4203) January 2000 Agency Fact Sheet 2.8 &EPA Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0
-Storm Walllr Phase II Final Rule: An Overview Small MS4 Program 2,0 -SmaU MS4 SlOrm WaW Program Ovetview 2.1 -Who's Covered? Designation and Waivers of Regulated Small MS4s 2.2 -Urbanized
Areas: Definuion and Description Minimum ConIJoi MeaSllres 2.3 -Public Educalion and 􀁏􀁵􀁾􀁥􀁡􀁣􀁨􀀠2,4 -Public ParticipationlInvolvemenl 2.5 􀀭􀀱􀁉􀁉􀁾􀁩􀁬􀀠Discharge Detection and
Elimination 2.6 -Conslruction Sile Runoff 􀁃􀁯􀁮􀁾􀁯􀁉􀀠2.7 -Post·Conslrucoon RunoW 􀁃􀁯􀁮􀁾􀁯􀁴􀀠. 2.8 -Pollufion Prevention/Good Housekeeping 2.9 -PermiWng and Reporting:The Process
aOO RequiremenlS 2.10 -Federat andState·Operated MS4s: Program Implementation Construction Program 3.0 -􀁃􀁯􀁮􀁳􀁾􀁵􀁣􀁴􀁩􀁯􀁮􀀠Program Overview 3.1 -Construclion Rainfall Erosiviy Waiver
Industrial "No Exposure" 4.0 -Conditional No ExposureExclusion for fndusttial Activity Storm Water Phase II Final Rule Pollution Prevention/Good Housekeeping Minimum Control Measure
This fact sheet profiles the Pollution Prevention/Good Housekeeping for Municipal Operations minimum control measure, one of six measures the operator of a Phase II regulated small municipal
separate storm sewer system (MS4) is required to include in its storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit,
This fact sheet outlines the Phase II Final Rule requirements and offers some general guidance on how to satisfy them. It is important to keep in mind that the small MS4 operator has
a great deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements. • Why Is Pollution Prevention/Good Housekeeping Necessary? The Pollution Prevention/Good
Housekeeping for municipal operations minimum control measure is a key element of the small MS4 storm water management program, This measure requires the small MS4 operator to examine
and subsequently alter their own actions to help ensure a reduction in the amount and type of pollution that: (I) collects on streets, parking lots, open spaces, and storage and vehicle
maintenance areas and is discharged into local waterways; and (2) results from actions such as environmentally damaging land development at)d flood management practices or poor maintenance
ofstonn sewer systems. While this measure is meant primarily to improve or ptotect receiving water quality by altering municipal or facility operations, it also can result in a cost
savings for the small MS4 operator, since proper and timely maintenance of storm sewer systems can help avoid repair costs from damage caused by age and neglect. What Is Required? .
D ecognizing the benefits ofpollution prevention practices, the rule requires an operator of a l'uegulated small MS4 to: ' o Develop and implement an operatioll and malntenance program
with the ultimate goal of preventing or reducing pollutant runoff from municipal operations into the stonn sewer system; o Include employee training on how to' incorporate pollution
prevention/good housekeeping techniques into municipal operations such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and
storm water system maintenance. To minimize duplication of effort and conserve resources, the MS4 operator can use training materials that are available from EPA, their State or Tribe,
or relevant organizations; o Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Some program implementation approaches,
BMPs (i.e., the program actions/activities), and measurable goals are suggested below. 
Fact What Are Some Guidelines for Developing and Implementing This Measure? The intent of this control measure is to ensure that existing municipal. State or Federal operations are performed
in ways !;hat will minimize contamination of stonn water discharges. EPA encourages the small MS4 operator to consider the· following components when developing their program for this
􀁭􀁥􀁡􀁳􀁵􀁲􀁾􀀺􀀠• Maintenance activities, maintenance schedules, and long-term inspection procedures for structural and non-structural controls to reduce floatables and other pollutants
discharged from the separate storm sewers; • Controlslor reducing or eliminating the discharge 0/pollutants from areas such as roads and parking lots. maintenance and storage yards (including
saltl"nd storage and snow disposal areas), and waste transfer stations. These controls could include programs that promote recycling (to reduce litter). minimize pesticide use, and ensure
the proper disposal of animal waste; • Procedureslor the proper disposal 0/waste removed from separate storm sewer systems and areas listed in the bullet above, including dredge spoil.
accumulated sediments. floatables, and other debris; and . • Ways to ensure that newflood management projects assess the impacts on water quality and examinc existing projects for incorporation
of additional water quality protection devices or practices. EPA encourages coordinatiol) with flood control manage", for the purpose of idenfifying and addressing environmental impacts
from such projects. The effecli vc performance of this control measure hinges on the proper nluil1tcnancc of thc BMPs used. particularly for the ftrst two bullers abo\'e. For example.
structural controls, such as grates on outfalls to capture flo.tables. typically need regular cleaning. While non-structural controls, such as training materials and recycling 􀁰􀁲􀁯􀁧􀁲􀁾􀁭􀁳􀀮􀀠nee
d periodic updating. What Are Appropriate Measurable Goals? M easurable goals. which are required for each minimum control measure, are meant to gauge permit compliance and program effectiveness.
The measurable goals, as well as the .BMPs, should consider the needs and characteristics of the operator and the area served by its small MS4. The measurable goals should be chosen
using an integrated approach that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this minimum measure could include the following
measurable goals: Target Date Activitv I year .... " ..... Pollution preventinn plan (the new BMPs and revised procedures) completed; employee training materials gathered or developed;
procedures in place for catch basin cleaning after each storm and regular street sweeping. 2 years ........ . Training for appropriate employees completed; recycling program fully implemented.
3 years ....... .. Some pollution prevention BMPs incorporated into master plan; a certain percentage reduction in pesticide and sand/salt use; maintenance schedule for· BMPs established.
4 years ......... A certain percentage ·reduction in floatables discharged; a certain compliance rate with maintenance schedules for BMPs; controls in place for all areas of concern.
For Additional Information Contact .... u.s. EPA Offtce of Wastewater Management • Phone; 202 260-5816 • E-mail: SW2@epa.gov • ·Internet: www.epa.gov/owmlsw/phase2 Reference Documents
.... Storm Water Phase II Final Rule Fact Si]eet Series fnternet; www.epa.gov/owm/sw/phase2 .... Storm Water Phase II Final Rule (64 FR 68722) • Internet: www.epa.gov/owmlsw/phase2 •
Contact the u.S. EPA Water Resource Center Phone: 202260-7786 E-mail: center. water-resource@epa.gov 
Uniter' ltes Office of Water EPA 833·F-OO·013 , Enviro, ",ental Protection (4203) January 2000 Agency' Fact Sheet 3,0 Storm Water Phase II &EPA Final Rule Small Construction Program
Overview Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0-Storm Waler Phase II Proposed Rule: An Overview Small MS4 Program 2.0 -Small MS4 Siorm Waler Program Overview
2.1 -Who's Covered? DesignaUonand Waivers of Regulated Small MS4s 2.2 -Urbanized Areas: Definilion and Description Minimum Contl'Ol Measures 2.3 -Public Educalion and Oulreach 2.4 -Public
ParticipalionlInvolvemenl 2.5 -Illicit Discharge Detection and Elimination 2.6 -Construction Site Runoff Control 2.7 -Post-Construction Runoff Control 2.8 -Pollution Prevention/GoodHousekeeping
2.9 -Permitting and Repornng:The Process and Requirements 2.10 -Federal and Slate-OperatedMS4s: Program Implementation Construction Program 3.0 -Construction ProgramOverview 3.1 -Construction
Rainfall 􀁅􀁲􀁯􀁳􀁩􀁶􀁾􀁹􀀠Waiver Induslrial"No Exposure" 4.0 -Conditional No ExposureExciusion for Industriat Activity The 1972 amendments to the Federal Water Pollution Control 􀁁􀁣􀁾􀀠later
referred to as the Clean Water Act (CWA), prohibit the discharge of any pollutant to navigable waters of the UnilA.'<l Stales from a point source unless the discharge is authorized by
a National Pollutant Discharge Elimination System (NPDES) pennit. Efforts to improve water quality under the NPDES program traditionally have focused on reducing pollutants in industrial
process wastewater and municipal sewage treatment plant discharges. Over time, it has become evidem that more diffuse sources of water pollution, such as stonn water runoff from construction
sites, are also significant contributors to water quality problems. Sediment mnoff rates from construction sites are typically 10 to 20 times greater than those from agricultural lands,
and 1,000 to 2,000 times greater than those of forestlands. During a short period of time, construction activity can contribute more sediment to streams than can be deposited over several
decades, causing physical and biological harm to our Nation's waters. In 1990, EPA promulgated rules establishing Phase I of the NPDES storm water program. Phase I addresses, among other
discharges, discharges from large construction activities disturbing;; acres or more of land. Phase II of the NPDES stOrm water program covers small conslnlction activities disturbing
between 1 and 5 acres. Phase II became final on December 8, J 999 with small construction penni! applications due by March 10, 2003 (specific compliance dates will be set by the NPDES
pennilting authority in each State). This fact sheet outlines the constnlction activities covered by Phase I and Phase II, including possible waiver options from Phase 11 coverage, and
the Phase II construction program requirements. Who Is Covered Under the Phase I Rule? Sites Five Acres and Greater The Phase I NPDES stonn water rule identifies eleven categories of
industrial activity in the definition of "storm water discharges associated with industrial activity" that must obtain an NPDES pennit Category (x) of this defmitio<\ is construction
activity, commonly referred to as "large" construction activity. Under category (x), the Phase I rule requires all operators of construction activity disturbing 5 acres or greater ofland
to apply for an NPDES storm water pem1it. Operators of sites disturbing less than 5 acres are also required to obtain a penni! if their uctivity is pan of a "larger common plan, of development
or sale" with a planned disturbance of;; acres or greater. "Disturbance" refers to exposed soil resulting from acd vities such as clearing. grading, and e"cavatiog. ConstrUction activities
can include road building, constnlcliOll of residenlial houses, office buildings, industrial sites, or demolition. What Is Meant by a "Larger Common Plan of Development or Sale"? As
defined in EPA's NPDES storm water general permit for large construction activity. a "Iurger common plan of development or sale" means a contiguous area where multiple multiple separate
and distinct construction activities are occurring under one plan (e.g.,·the operator is building on three half-acre lots in a 6-acre development). The "plan" in a common plan of development
or sale is broadly deftned as any announcement or piece of documentation 
(ineluding a sign, public notice or hearing. sales pitch, Who Is Covered Under the Phase IT advenisemem, drawing, pormit application, zoning request, Construction Rule? computer design.
etc.) or physical demarcation (including boundary signs, lot stakcs, surveyor markings, etc.) indicating 1 􀀻􀁾􀁾􀁾􀁾􀁾􀁾􀀠 that construction activities may occur on a specific plot.
What Is the Definition of an "Operator" of a Construction Site'! As defined in EPA's sLorm water general permit for 􀁬􀁡􀁲􀁾􀀠constructioll activity. un i'operator" lS the party or parnes
that has: Operational control of construction project plans and .•pecifications, including the ability to make modifications to those pJans. and specifications; or ''''''''''.,,::?gj(.l
Day-«)·day operational control of those activities 􀁾􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀠 thal arc necessary to ensure compliance with a storm water pollution prevention plan (SWPPP) for
the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPPor comply with other permit conditions). There may bo more than one party at a site performing the tasks related to "operational control" as defined above. Depending on the site and
the relationship between the panies (e.g., owner, developer, contractor), there can either be a single party acting as site operator and consequently be responsible for obtaining permit
coverage, or there can be two or more operators, all obligated to s.ok permit coverage. It is important to note that NPDES-3uthorized States may use a different definition of "operator"
than the one above. How Is the Phase II Consh:uction Rule Related to the Phase I Construction Rule? n 1992, thc Ninth Circuit court remanded for further Iproceedings portions or EPA's
existing Phase I storm water regulation related to the category (x) discharges from large . construction activity (NRDC v, EPA, 966 F.2d at 1292), EPA responded to the COUrl's decision
by designating under Phase II storm water discharges from construction activity disturbing les, than 5 acres as sources thal should be regulated to protect water quality. 􀀮􀁾􀀮􀁾􀁾􀁾􀁾􀁾􀁴􀁨􀁾􀁣􀀡􀁳
􀁾􀁥􀁾􀁳􀁾􀁯􀁾􀁬􀀢􀀱􀁣􀁾􀁥􀁳􀁾􀀮􀀻􀁡􀁳􀁾􀀮􀀺􀁾􀀢􀁳􀁾􀁴􀁲􀀺􀁯􀁲􀁾􀁮􀁩􀁪􀁬􀁾􀁾􀀡'II as ' . aSsociated with industritli aCli vil)'." designates, as small construction activity under the
NP'DE:.s storm water permitting program, all operators of construction site activities that result in a land disturbance ofequal to or greater than 1 and less than 5 acres. 􀀢􀀱􀀧􀁓􀁾􀁥􀁳􀀧􀁾􀁾􀁳􀀮􀀺
􀀧􀀱􀀡􀁾􀁾􀀮􀀧􀀡􀁬􀁊􀁾􀁾􀀺􀀱􀀱􀁾􀁴􀁨􀀧􀂷􀀢􀀠I -SHe 'actt vltles iltsturbrng ess an acre are as small 􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁴􀁩􀁯􀁮􀁾􀁴􀁩􀁾􀀮􀁦􀀾􀀮􀁉􀀮􀀭􀁜􀀡􀁽􀁾􀁾􀁾􀀱􀀮􀁩􀀡􀁬􀁾􀁾􀀠 􀂷􀀢􀀬􀁰􀁬􀁡􀁮􀁯􀁦􀁤􀁥�
�􀁥􀁬􀀰􀁰􀀮􀁾􀁩􀁩􀁴􀀢􀀧􀁑􀁲􀀠a planned disturbance •"quill 't'O oewe'ter than 1 acre and less than 5 acres,􀀧􀁾􀁲􀀻􀀡􀁻􀀬􀁴􀁬􀀬􀁬􀁥􀀨􀀻􀁬􀀠􀁾􀀬􀁡􀁲􀁥􀀠design"!ed 􀁊􀀺􀀾􀁾􀁾􀁦􀁬􀀺􀁴􀀡􀀧􀀮􀀺􀁾􀁾􀁾􀁊􀁾�
�􀁾􀁊􀀺􀁬􀁮􀁩􀁅􀂣􀁩􀁬􀁬􀀬􀁾􀁾􀁡􀀻􀀺􀁾􀁬􀁉􀀱􀁜􀁌􀁾1!'e NPDES permitting authority or EPA Region may destgnate construction activities disturbing less than I acre based on the potential
for contribution to a violation ofa water quality standard or for significant contribution of pollutants to waters of the United States. Are Waivers Available for Operators of Regulated
Construction Activity? ;'V'es, 􀁢􀁵􀁴􀁯􀁨􀁬􀁹􀀧􀁦􀁯􀁩􀁩􀁭􀁡􀁩􀁩􀀻􀁩􀁩􀁩􀁪􀁄􀁾􀁾􀀬􀀠construction activity. '1. Under the Phase IT Rule, NPDES permitting authorities have the option of
providing a waiver from the requirements to operators of small construction activity who certify to either one of two conditions: o Low predicted rainfall potential (Le .• activity occurs
during a negligible rainfall period), where the rainfall erosivity factor ("R" in the Revised Universal Soil Loss Equation [RUSLE]) is less than 5 during the period of construction activity;
or e A determination that storm water controls are not necessary based on either: . (A) '\A 􀀢􀀻􀁾􀁾􀀢􀀻􀀻􀀻􀁩􀁬􀀢􀀺􀀧􀁾􀁛􀁻􀁮􀁜􀁤􀁾􀁉􀀡􀁩􀀧􀁗􀁾􀁾􀁾􀀨􀁴􀁀􀁴􀁨􀁡􀁴􀀠address the pollutant(s)
of concern for construction activities; OR (Bl An equivalent analysis that determines allocations are not needed to protect water quality based on consideration of instream concentrations,
expected growth in pollutant concentrations from all sources, and a margin of safety. 
The intent of the waiver provision is lO waive only those sites that are highly unlikely to have a negative effect on water quality. 􀁔􀁨􀁥􀁲􀁣􀁲􀁯􀁲􀁾􀀬􀀠heroro applying for a waiver,
operators ofsmall construction activity arc encouraged to consider the potentinl waler qlmlity impacts that may result from their project and l.u carefully examine such factors as proximity
to water resources l:md sensitivity of receiving waters, a. What is the Rainfall Erosivity Factor in WaiverO? Waiver 0 uses 􀁴􀁉􀁩􀁾􀁒􀁡􀁩􀁲􀁩􀁦􀁩􀁬􀁾􀁅􀁃􀁯􀁳􀁲􀁶􀁩􀁜􀁩􀀮􀁦􀀧􀁡􀁾􀁾􀁴􀁯􀀠determine
whether the potential for polluted discharge is low enough to justify a waiver from the requirements. It is one of six variables used by the Revised Universal Soil Loss Equation (RUSLE)-a
predictive tool originally used to meaSUre soillos5 from agricultuntllands at various times of the year on a regional basis-to predict soil loss from construction sites. The Rainfall
Erosivity Factor waiver is time-sensitive and is dependent on when during the year a construction actidty takes place, how long itlasts. and the expected rainfall and intensity during
that time. For }nformatiOn 􀁡􀁨􀁯􀁾􀁬􀁬􀀮􀀠the rainfall erosivity 􀁜􀁾􀁡􀁩􀁶􀁥􀁲􀁊􀀠􀁳􀁾􀀺􀁦􀁾􀀮􀁾􀂷􀁾􀁾􀀮􀁥􀁥􀁴􀀠4 ,S.Il CharlS detalilng the value of the Ramfall EroslVlty Factor by
particular regions can be found in Chapter 2 oft the RUSLE user's guide, which can be downloaded 􀀧􀁾􀁴􀀺􀀧􀀠: ·http://www.epa:gov/owin!swJphase2. • . 1 ., ,. -_.. ., • ••. . '. «.,
! b. What is a "TMDL" ill Waiver @? -.:::;'Or impaired walers where technology-based controls r required by NPDES pennits are not achieving State water quality standards. the CWA requires
implementation ofthe TMDL process. The TMDL process establishes the maximum amount of polllitanls a watcrbody can assimilate before waler quality is impaired, then requires that this
maximum level not he exceeded. A TMDL is done for each polimaOlthat is found to be contributing to the irrtpairlllcnl of a'wtltcrhody or a segment of a watcrbody. To allow a waiver for
construction activities. a TMDL would need to address sediment. or a parameter that addresses scdiment such as total suspended solids, turbidilY, or siltalion. Addilional TMDLs addressing
common pollutants from construction sites such as nitrogen! phosphorus, and oil and grease 􀁡􀁬􀁾􀁯􀀠may be necessary to ensure walt!r quality protection and allow a waiver.from the
NPDES SlOrrn waler program. A lMDL assessment determines the source or sources of a pollutant of concern, considers the maximum allowable level . of that pollutant for the waterbody,
then allecates to each source or category ofsources a set level of the pollutant it is allowed to discharge into How Would an Operator Qualify for, and Certify to, Waiver @? EPA expects
that when lMDLs, or equivalent analyses are completed, there may be a determination that certain classes of sources, such as small construction activity, would not have to control their
contribution ofpollutants of concern to the waterbody in order for the watetbody to be in attainment with water quality standards (i.e., these sources were not assigned wasteload allocations).
In such a case, to qualify for waiver @, the operator of the construction site would need to certify that its construction activity will take place, and the storm water discharges will
occur, within the area covered either by the lMDLs or equivalent analysis. A certification form would likely be provided by the NPDES permitting authority for this purpose. What Does
the Phase n Construction Program Require? TT􀂷􀁨􀁾􀀮􀁰􀀮􀁨􀀭􀁡􀁓􀁥􀀠􀁦􀁩􀁆􀁻􀁾􀀧􀁡􀁬􀁒􀁩􀁩􀁊􀁥􀁲􀁥􀁱􀁵􀁩􀁲􀁩􀀺􀁓􀁯􀁰􀁥􀁲􀁡􀁴􀁯􀁾of Phase II small construction sites, nationally, to ohtaitiiiliJlPbES'
pemnt and implement practices to 􀁮􀁩􀁩􀁮􀁵􀁲􀁵􀁺􀁲􀁅􀁯􀀮􀁾􀁆􀁾􀀬􀀡􀁯􀁦􀁦􀀮􀀠It iiimpoi'tiui.Ct,)notethat, locally; these'same sites also may be covered by State, Tribal, or local construction
runoff control programs (see Facl SheelS 2.6 and 2.7 for information on the Phase II small MS4's construction program). For the Phase II small construction program, program, EPA has
taken an approach similar 10 Phase I where the program requirements are not fully denned in the rule but rather in the NPDES permit issued by the NPDES permitting authority. EPA recommends
that the NPDES permitting authorities use their existing Phase I large construction general permits as a guide to developing their Pliase II small construction permits. In doing so,
the Phase II requirements would be similar to the three general Phase I requiremenlS summarized' below. o Submission of.li'f/iJliCli'W1;liliiMfJl) that includes 􀁧􀁥􀁮􀁥􀀦􀁩􀀧􀁬􀁦􀁬􀁦􀀶􀁤􀁊􀁪􀁡􀀮􀁴􀁲
􀁯􀀻􀁡􀀻􀀻􀁲􀁡􀁣􀁾􀁴􀁩􀁦􀁩􀁣􀁡􀁴􀁩􀁯􀁮􀀠that the activity will not impact endangered or threatened species. This cenification is unique to EPA'gNOl and is nota requirement of most NPDES-delegated
State's NOls; o The development and implementation of a Storm Water Pollution Prevention 􀁐􀁬􀁡􀁮􀀱􀁓􀁾􀁷􀁩􀁴􀁨􀀠appropriate BMPs to minimize the discharge of polletants from the site;
and 
, 􀁾􀀠_. w.o o Submission of 􀀤􀁰􀁯􀁬􀁩􀁴􀁪􀀬􀁩􀁎􀁟􀁾􀁍􀁬􀀷􀁴􀁎􀀮􀀠when final stabilization of the site has been achieved as defined in the permit Or when another operator hllS assumed
control of the site. Can the Permitting Authority Reference a Qualifying Erosion and Sediment Control Program in NPDES Construction Permits? Yes. The Phase [J Rulo allows the NPDES permitting
authority to include in its NPDES permits for large and for small construction activity conditions that incorporate by reference qualifying State, Tribal, or local erosion and sediment
control program requirements. A qualifying program must include the [ollowi.ng requirements: o 􀁒􀁥􀁱􀁵􀁩􀁲􀁥􀁭􀁥􀁮􀁌􀁾􀀠for construction site operators to implcmem appropriate erosion
and sediment control best management practices; o Requirements fOl construction site operators to control waste such as discarded building materials, concrete truck washout, chemicalst
litter. and sanitary waste that may cause adverse impactS to water qualilY; o RGquirements RGquirements for construction site operators to develop and implement a storm water pollution'
prevention plan; and o Requirements to submit a site plan for review that incorporates consideration of potential water qualily impacts. In addition to the four elements above, a qualifying
program for large construction "cti vities must also includeany additional rcquirements necessary to achieve the applicable technology-based standards of "Best Available Technology"
(BAT) and "Best Conventional Technology" (BCT) based on the best professional judgment of the permit writer. Should a SUlte, Tribal, or local program include one ormore, but not aI!,
of the 􀁥􀁬􀁥􀁭􀁥􀁮􀀢􀁾􀀠listed above, the permitting authority can reference the program in the permit, provided it also 􀁬􀁩􀁳􀁌􀁾􀀠the missing eiemel1l(s) as a condition in the permit.
What are Some Recommended BMPs for Small Construction Sites? The approach and BMPs used for controlling poUUtants in storm water discharges from small construction sites may vary from
those used for large sites since their characteristics can differ in many ways. For example, operators of small sites may have more limited access to qualifIed design personnel and technical
information. Also, small sites may have less space for installing and maintaining certain BMPs. As is the case with all construction sites, erosion and sediment control at small construction
sites is best 􀁾􀁣􀁣􀁯􀁭􀁰􀁬􀁩􀁳􀁨􀁥􀁤􀀠with proper planning, installation, and maintenance of controls. The following practices have . shown to be efficient, cost effective, and versatile
for small construction site operators to implement. The practices are divided into two categories: non-structural and structural. o Non-Structural BMPs • Minimizing Disturbance • Preserving
Natural Vegetation • Good Housekeeping o Structural BMPs Erosion Conlrols • Muleh • Grass • StOCkpile Covers Sediment Comrois • Silt Fence • Inlet Protection • Check Dams • Stabilized
Construction Entrances Sediment Trapa Most erosion and sediment controls require regular maintenance to operate correctly. Accumulated sediments should be removed frequently and materials
should be checked periodically for wear. Regular inspections by qualified personnel, which can allow problem ateas to be addressed, should be perfonned after major rain events. 
Overview For Additional Information Contact I2r U.s. EPA Office of Wastewater Management Phone: 202 260-5816 • E-mail SW2@epa.gov Internet: www.epa.govlowmlswlphase2 I2r Your local soil
conservation district office. They can provide assistance with RUSLE and other conservation related issues. • A list of conservation district contacts is available at: www.nacdnet.orglresourceslcdson
web.html Reference Documents ... Storm Water Phase IT Final Rule Fact Sheet Series Internet: www.epa.gov/owmlswlphase2 "" Storm Water Phase IT Final Rule (64 FR 68722) Internet: www.epa.govlowmlswlph
ase2 • Contact the U.s. EPA Water Resource Center Phone: 202 260-7786 E-mail: center. water-resourt:e@epa.gov ... Agricultural Handbook Number 703, Predicting Soil Erosion by Water:
A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE), Chapter 2, pp. 21-64, Janu!ll)' 1997. • Internet: www.epa.govlowmlswJphase2 ... Guidance for Water
Quality Based Decisions: The TMDL 􀁐􀁮􀁾􀁾􀁥􀁳􀁳􀀮􀀠April 1991. U.S. EPA Office of Warer. EPA 44014-91-001. • Internet: www.epa.govIOWOW/tmdl .,.. NPJ)ES General Permilfor Storm Water
Discharges from COl!Struction Activities (63 FR 7857). Internet: www.epa.govlowmlsw Contact the U.S. EPA Water Resource Center Phone: 202 260-7786 E-maii: center. warer-resource@epagov

Unile(' ,tes Office of Waler EPA 833·F-OO-015 Enviro ."ntal Protection (4203) January 2000 Agency Fact Sneel 4.0 oEPA Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 -Storm
Water Phase II Final Rule: An Overview Sman MS4 Program 2.0 -Small MS4 Storm Waler Program Overview 2.' -Who's Covered? Designalionand Waivers of Regulated 5m311 MS4s 2.2 -Urbanized
Areas: Definition and Descriplion Minimum Contral Measures 2.3 -Public Education and . Outreach 2.4 -PUblic Parlidpation/involvement 2.5 -Illicit Discharge Delection and Elimination
2.6 -Construction Site Runoff Control 2.7 -Post·ConstrUClion Runoff Control 2.8 -Pollution Prevention/Good Housekeeping 2.9 -Permitting and Reporling: The Process and Requiremenls 2.10
-Federal and Slate·Operated MS4s: Program Implementation Construction Program 3.0 -Construaion ProgramOverview 3.1 -Cons1ruclion Rainfall Eroslvky Waiver Induslrial"No Exposure" 4.0
-Condilional No Exposure Exclusion for fndustrial Activily Storm Water Phase II Final Rule Conditional No Exposure Exclusion for Industrial Activity Why Is the Phase I No Exposure Exclusion
Addressed in the Phase n Final Rule'! The 1990 storlll wator regulations for Phase I of the federal storm water program identify eleven categories of industrial activities that must
obtain a National Pollutant Discharge Elimination System (NPDES ) permit. Operators of certain facilities within category eleven (xi). commonly referred to as "light industry," were
exempted from the deftnition of "storm wa[Or diSCharge associated with industrial activity," and the subsequent requirement to obtain "n NPDES 􀁰􀀢􀁯􀁮􀁩􀁾􀀠provided their industrial
materials or activities were not "exposed" to storm water. This Ph".s. I exemption from permitting was limired to those facilities identified in category (xi). and did not require category
(xi) facility operators to submit any information supporting thdr no exposure claim. In 1992. the Ninth Circuit court remanded to EPA for further rulemaking the no exposure excmp,inn
for light industry after making a determination that the exemption was arbitrary and capricious for two reasons. First. the court found that EPA bad not established a record to support
it.' ","umption that light industrial activity that is not exposed to storm water (as opposed to all other regulated industrial aClivity not exposed) is not a "storm water discharge
"ssoci<lted with Indllstrial activity." Second, the court concluded that the exemption impermissibly relied on the unsubstantiated judgment of the light industrial facility operator
to detennine the applicabllity of the exemption. This fact sbeet describes the revised conditional no cxposure o"cil1sion as presented in the Phase II Final Rule. Who is Eligible to
Claim No Exposure? As revised in the Phase II Final Rule, the conditional no exposure exclusion applies to ALL industrial categories listed in the 1990 storm water regulations, except
for construction "ctivitio, dislurbing 5 or more acres (category (x)). What Is The Regulatory Definition of "No Exposure"? The illtent of lhe no exposure provision is to provide facilities
with industrial materials and aClivities thlll afc entirely shcltered from storm water a simplified way of complying with thc storm waler permitting provisions of the Clean Water Act
(CWA). This includes facilities that are loc",,," within a larger office building, or facilities at wbich the only items permanently esposed· to pre"'pilUllon are roofs, parking lots,
vegetated areas, and other non-industrial areas or aCllvities. The Phase II regulatory definition of "no exposure" follows. No exp0",ol"e means all industrial materials and activities
are protected by a slorm n:;.;,istunt shelter to prevent exposure to rain, snow, snowmelt, andlor runoff. I nduslrial materials or activities include, but are not limited lO, material
handling equipment or activities, industrial macbinery, raw materials, intenncdlale products, by-products, final products, or waste products. 
Fact Sheet 4.0 -Cood itiooal No Exr'j'ijreiiiiiii A stonn resist.nt shelter is not required for the [ollowing industrial materials und activities: a Drums, barrels, tanks, and similar
eomainers that are tightly se"lcd, provided those containers arc not deteriorated and do not leak. "Scaled" means bimded or otherwise 􀁳􀁣􀁣􀁵􀁾􀁤􀀠and witham ope-rational taps or varves;
o Adequately maimaincd vehicles used in materials handling; and a Final products, other than products that would be mobilized in stonn water discharges (e.g., rock salt). The term "storm-re$isr.anl
sheller." as used in the no exposure definition. includes completely mofed and walled buildings or structures. as well as structures'with only a top cover but no s.ide coverings, provided
material under the structure is not otherwi& subject to any rUn·on ano subsequent runoff of storm wmcr. Whi le the intCIll of the no expol\urc provision is to promott:: a condition of
permanent no exposure, EPA understands certain vehicles could 􀁢􀁾􀁣􀁯􀁭􀁥􀀠temporarily exposed to rain and snow while passing between buildings. Adequately maintained mobile equipment
(e.g .. lrucks, automobiles. forklifts, tmile,", or other such general purpose vehicles found at the induslrial site that are not industrial machinery, and that arc not Icaking contaminants
or are not otherwise u source of industrial poIllllants) can be exposed to precipitation or runorf. Such acti vidc$ alone wou Id not prevent" facility from certifying to no exposure.
Similarly, trucks or other vehicles awaiting maintenance at vehicle maintenance facilities that are not leaking contaminants or are not othcrwi:;e a source of iJ,dustrial pollutants,
arc not considered "exposed:' In addition. EPA recognizes that there are circumstances where 􀁾􀁲􀁭􀁡􀁮􀁥􀁏􀁬􀀠no 􀁣􀁾􀁰􀁯􀁳􀁴􀁬􀁲􀁥􀀠or industrial aetivitks or 􀁭􀁡􀁬􀁥􀁲􀁩􀁡􀁬􀁾􀀠is
not possible and, lhcreron::. unda stich condition:\, materials and activities can be sheltered with tempomry covers (c.g., larps) between periods of permanent enclosure. Th!! no no
exposure provision doe:\ not spccify every such simalion, but NPDES permitting authorities can address this isslle on a ease-by-ca:c>c bu:;:is. The Phase II. Final Rule also addre"e,
particulate matter emissions from roof stackslVCIllS that are regulated by. and in 􀁣􀁏􀁮􀁬􀁰􀀱􀁩􀁡􀁮􀁣􀁾􀀠witb, othl..:r environmental prot(:ction programs (i.e., air quality control
programs) and thal do not cause storm \yatercoIlL<lmination arc con:-;idcrcd not exposl:d. 􀁐􀁡􀁾􀁬􀁩􀁣􀁵􀀩􀁡􀁴􀁥􀀠matter or \'isible deposiL<; of n.:siduws from l'Oof stacks and/or
vents nol othcrv..'ise reguiah.:d (i.e .• under an air quality control program) and evidenl in storm water outnow are cOllsidcn;o exposcd. Likewi."" visible "track out" (i.e., pollutant',
I.'arried on the tires of vehicles) or windhlown raw 􀁭􀁡􀁴􀁥􀁲􀁩􀁡􀁾􀁳􀀠is 􀁣􀁯􀁮􀁾􀁩􀁤􀁥􀁲􀁥􀁤􀀠cxpc)sed. Leaking pipes cOlltaining contamlllalHS I..!xpo:\>:d to storm walt.:r ,\re
d':':IHl..:d 􀁾􀀺􀀮􀀻􀁰􀁯􀁳􀁥􀁤􀀮􀀠as are past sources or storm wah:r cOIHi.JJninalion thal remain onsite. General refuse and trash, not of an industrial nature is not considered exposed
as long as the container is • completely covered and nothing can drain out holes in the bottom, or is lost in loading ontO a garbage truck. Industrial refuse and trash that is left uncovered,
however, is considered exposed. What is Required Under the No Exposure Provision? T?e Phase II Final 􀁒􀁵􀁬􀁾􀁾􀁥􀁰􀁲􀁥􀁳􀁥􀁮􀁴􀁳􀀠a significant expansion In the scope of the ongmal
no exposure provision in, terms of eligibility (as noted above) and responsibilities for facilities claiming the exclusion. Under the ()riginal no exposure provision, a light indust;y
operator was expected to make an independent determination of whether there was ':exposure" of industrial materials and activities to storm water and, if not, simply not submit a pennit
application. An operator seeking to qualify for the revised conditional no exposure exclusion, including light indust;y operators (I.e., category (xi) facilities), must: a Submit written
certification that the facility meets the definition of "no exposure" to the NPDES permining authority once every 5 years. • The Phase II Final Rule includes a four·page No Exposure
Certification form that uses a series of yes/no questions to aid facility operators in detennining whether they have a condition of no exposure. It also serves as the necessary cenification
of no exposure provided the operator is able to answer all the questions in the negative. EPA's Certification is for use only by operators of industrial activity located in areas where
EPA is the NPDES permitting authority. • A copy of the Certification can be obtained from the US. EPA Office of Wastewater Management (OWM) web site. the Storm Water Phase II Final Rule
published in the Federol Register (Appendix 4), or by contacting OWM. . a Submit a copy, upon request, of the CertifICation to the municipality in which the facility is located. a Allow
the NPDES pennitting authority or, if discharging into a municipal separate storm sewer system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection
reports publicly available upon request. Regulated industrial operators need to either apply for a pennit or submit a no exposure certification fonn in order to be in compliance with
the NPDES storm water regulations. Any permit held becomes null and void once a cenification form is submitted. 
Even when an industrial operator certifies to no exposure, the NPDES pennitting authority still retains the authority to require the operator to apply for an individual or general permit
if the NPDES permitting authority hu, determined that the discharge is contributing to the violation of, or interfering with the 'Hltlinmenl or mai nlcnance or, WaLer quality standards,
including dcsigmll.ccJ uses. Are There Any Concerns nelated to Water Quality Standards'! Yes. An operalOr certifying that 􀁩􀁾􀀧􀀠facility qualifies for 􀁴􀁨􀁾􀀠conditional 110 expo.·mre
t:!xc1wdon may, nonetheless, be required by the NPDES permitting authority to obtain penniL authoriz.ation. Such a n!quin:!IHt:!f1l would follow the permitting authority's dctcnnina·tion
that the discharge causes, has it reasonable pOlential 10 cause, or contributes to a violation of Ul1 applicable water'quality standard, including designated uses. Designarcd uses can
include use as a drinking water supply or for recreational purposes. Many erforL<;' to achieve no exposure can employ simple good housd<eeping and contaminant cleanup activities sllch
a.>; moving material:.> arid uClivitic:; indoors into existing buildings or Slnlcturcs. Tn limir.ed cases, howeva, industrial operator1\ rnay make major changes at 11 site to achieve
no exposure. These l!fforLo;; may include constructing a new building or cover lO eli minate exposure or constructing struCtures to prevem rulH.l11 and SLorm waler contact with industrial
materials and activities. Major changes undertaken to achie"l! no 􀁥􀁸􀁰􀁯􀁾􀁬􀁉􀁲􀁥􀀮􀀠howcver, can increase the impervious area of tho 􀁾􀁩􀁴􀁥􀀬􀀠such as when a building with a smooth
roof is placed in a former1y vegetated area. Increased impervious area can lead to an incre<l$e tn the volume and velocity of storm water runoff. which, in turn, can result in a higher
concentration or pollutantl5, in the discharge, since 􀁲􀁾􀁷􀁥􀁲􀀠pollutanl, arc naturally filtered out. The concern of increas:ed impervious area is 􀁡􀁤􀁤􀁾􀁴􀀻􀀺􀁳􀁳􀁣􀁤􀀠in one or
the the questions on the 􀁃􀁥􀁲􀀯􀁾􀁻􀁩􀁣􀁡􀁴􀁩􀁯􀁈􀀠form, which asks. "Have you paved or roofed over a romlerly exposed, pervious area in order to qualify for the no CXpOSUII.'! cxclu$ion?
If yes, please indicate approximately how much area wm,; paved or roof;:d 􀁯􀁜􀀮􀀧􀁾􀁲􀀮􀀢􀀠This question has no arrcct 011 an opl!rator's eligibility ror the l!xclusioll. it is inlcml\!U
only to aid the NPDES permitting Ultlhorily in a....ses.'\ing lhl.:: likdihood of such 􀁡􀁾􀁴􀁩􀁯􀁮􀁳􀀠interrering ..vith water quality stilndards. Where lhi!' is a 􀁣􀁯􀁮􀁾􀁣􀁲􀁮􀀬􀀠􀁬􀁨􀁾􀀠facililY
operator and ils 􀁾􀁐􀁄􀁅􀁓􀀠pcmliuing authority should lake approrrialt! llCliolls lO ensure that wuta quality standard!» can be achit!ved. What Happens ifthe Condition of No Exposure
Is Not Maintained? Under the Phase II Final Rule, the no exposure exclusion . is conditional and not an outright exemption. Therefore, if there is a change in circumstances that causes
exposure of industrial activities or materials to stonn water, the operator is is required to comply immediately with all the requirements of the NPDES Stonn Water Program, including
applying for and obtaining a permit. Failure to maintain the condition of no exposure or obtain coverage under an NPDES storm water pennit can lead to the unauthorized discharge of pollutants
to waters of the United States, resulting in penalties under the CWA. Where a facility operator determines that exposure is likely to occur in the future due to some anticipated change
at the facility, the operator should subinit an application and acquire stonn water permit coverage prior to the exposed discharge to avoid such penalties. For Additional Information
Contact .... U.S. EPA Office of Wastewater Management • Phone: 202 260-5816 E-mail: SW2@epa.gov Internet: www.epa.gov/owmlsw/phase2 .... Your NPDES Permitting Authority. (A list of names
and phone numbers for each U.S. EPA Region is included in Fact Sheet 2.9. Additional contact names, addresses, and numbers for each State can be obtained from the U.S. EPA EPA Office
of Wastewater Management) Reference Documents W Stonn Water Phase II Final Rule Fact Sheet Series • 'Internet: www.epa.gov/owmlsw/phase2 .... Stonn Warer Phase II Final Rule (64 FR 68722)
• Internet: www.epa.gov/owmlsw/phase2 • Contact the U.S. EPA Water Resource Center Phone: 202260·7786 E-mail: center. water-resource@epa.gov 
City 􀁯􀁦􀁐􀁯􀁲􀁴􀁬􀁡􀁾􀁤􀀬􀀠Oregon February 2000 Storm Water Phase II Controlling Pollutants in Industrial Storm Water Recommended Control Measures Based on Experiences of the City
of Portland, Oregon ----,-,,------Thu iryonn<1rioo I: ho.Wl(J I'JIf requircmems "fth. Siorm !Vater Plta:r;r , regulations crtrlt1w .xpen'l:ncl1.r if/M Ci/y ifPorHand, Oregan, II Phase
I municipal perntiltu. There/ore. Ih!! irif'ormoticn PrQIIl"fJd I.f (l TCCOlJlllUmtli.llIon 􀀰􀁉􀁴􀀨􀁾􀀧􀀱􀀨􀀩􀁔􀀠ll/OSC Pho:s<'1ll mrmiclpcJilifU tMlc1tco:sR. /() implement thi.r os!,"!
C;th!progrcl'!t. 'I1r. 􀁾􀁬􀁩􀁲􀁷􀀮􀁳lhat!'11'd pmvidedmay he impJ.menJ(JdIn HUll" elflJTcty or(M fll!Cd.d Ii.'acll nllmlcil'clity maiMI!VIJ/ualR thin,. specific circumstaru::u when
assessing <m)!progrom &rv.lopmvrt. This information sheet profiles the requirements for the owner or operator of a Phase I regulated municipal separate storm sewer system (MS4) to monilor
and control pollutants in storm water runofffrorn industrial facilities, This is not a requirement for the owner Dr operalor of a PhUse II regulaled small MS4. This information sheet
profiles the experiences and results of the City of 􀁐􀁯􀁲􀁬􀁬􀁾􀁮􀁤􀀬􀀠Oregon, " municipal it." regulated under Phase L Evidence is presented that may compel those regulated under Phase
11 to assess the feasibility or necessity of implementing control measures to reduce the amount ofpollutants discharged to the MS4 from this source. Although recommendations are provided,
the small MS4 owner or operator would bave a great deal offle,ibility in cboosing exactly how to address this source. What Are the Phase I Requirements? The Phase! regulations 40 CFR
I 22,26(d)(2l require, in part, that the applicmt (i) develop adequate legal authority, (ii)perform a source identification, "nd (iv) develop a management program to reduce the discbarge ofpollutants to the maximum extent practicable using management practices, eontrol techniques
and system design and engineering methods, I!Ild such other provision, which arc approl'tiate, Specifically, with regards to industrial controls, the mmagement plan shall include the
following. 40 erR 122.26(rlXl)(iv)(C). A dcscriplion ora program to monito'r and control pol1utants in storm waler discharges to munleipat sysh:ms from municipal landfills. hazardous
waste treatment.. dispot,;al and recovery faciIiti<!s, indu.c;lriaI fadlilt.:s that ar-= .'iubject to section 313 oftitJe Ilt ofthe Superfimd Amendments and Ri:lI.uthQriz.1tion Act or
1986 (SARA). and industrial facilities that the munieipa! permit applicantdetermi.nes are contributing a substantial pollutant loading to the municipal storm sewer system. The program
shall: 􀁾􀀠II "!i:i (I) Idcntify prioriti¢s nod procedures for inspections and establishing and implementing control ;1 men.'c;:UfeS for 􀁾􀁵􀁣􀁨􀀠disdmry.::>; ,: (2) Dcs..:rihe a monitoring
prog:r.lm for storm water discharges associated with industrial facilities., ... 􀀱􀀡􀀢􀀧􀀭􀀭􀀮􀀷􀀽􀀽􀀽􀀭􀀺􀀧􀀻􀀻􀀺􀀻􀀺􀀺􀁾􀀽􀀺􀀻􀀺􀀧􀀠" In addition La requiting pClmils for large and
modium MS4s, the Phase I regulations, 40 CFR 122.26(aXIXi), require industries with stolm water discharges associated with induslrial activity to obtain. NPDES permit if the discbarge
is to a MS4 or , directly conveyed to surface waters, Stonn \Vator associated with industrial activity is defmed in (bX14) of the regUlations and is applied to categories of industries
identified in pM.graphs (b)(14)(i) through (x) These categories include ll!lldfills, hazardous 􀁜􀁶􀁡􀁾􀁴􀁾􀀠treatment, storage. or dispmm 1 rUI.:Hitiest steam electric power generating
facilities. and a variety of mining, manufaetUl;ng. transportation, and recycling facililies identified using Standard Industrial Classification (SIC) Codes, Why Are Industrial Storm
Water Control Measures Being Recommended? Tbe municipality is ultimately responsible for 􀁤􀁩􀁾􀁨􀁡􀁲􀁧􀁥􀁳from their MS4, Because industrial.wareness oftbe program may not be complete.
there may be facilities within the MS4 area that should be permitted but are not In addition, the Phase I regulations that require industries to ohlain pemlits is driven by SIC Code.
This has been shown to be less thl!ll comprebensive in identifying industries lhal should he petmilled. Anotber concern is that the permitting authority may not have adequate f!;!SQUroes
to pw\'idc the necessary 􀁯􀁜􀀧􀁾􀁲􀁳􀁩􀁧􀁨􀁴􀀠of pClmilled facilities. Therefore. it is in the 􀁭􀁵􀁮􀁩􀁣􀁩􀁰􀁡􀁬􀁩􀁴􀁹􀁾􀁳􀀠best interest to assess 
their specitic situation and evaluate if an industrial program is necessary and to what extent What Is Being Recommended? D ecognil.ing that the municipality i, ultimately responsible
1'..ior the quality of discharge, from their MS4, the owner or operator of a l\lgl.liated small MS4 should evaluate the industrial base and dClCmtinc their 􀁾􀁬􀁡􀁬􀁕􀀤􀀠with pCfTIlil
􀁲􀁥􀁱􀁵􀁩􀁴􀁜􀀮􀀮􀁾􀁥􀁮􀁴􀁳􀀮􀀠Based on 􀁬􀁨􀁩􀁾􀀠cVittuntion. 􀁴􀁨􀁾􀀠owner or operator of a small MS4 can identify whal dements of a pl1lgrllm, if any, th.t they should implement.
To accomplish this, the follo\dng guidelines are provided. Q A stOlm.sewcr system map showing the location of the pipes, outfalls, and topograph,·. (This is already a requirement for
the iIlicit.discharge BMP); Q ldentify tile industrial facilities that are discharging stOlll1 watel· to the MS4. Identify, by SIC Code, the activities that arc conducted at these sites.
Determine penllit status through discussions with the permitting auti1olity; Q Through an ordinance, order? or similar means. the abIlity to enter premise. .... conduct inspeclions,
receive and review SWI'CPs and mOllitOling results, and appropriate enro:rcemcnt procedures and actions; o A plan to address 't01m water discharges to the MS4 from i"ndustrial facilitics_
Cl 􀁔􀁨􀁾􀀠education of industrial users in the MS4 about pennit requirements, the concems with stonn water discharges from industrial facilities, and best management practices (BMFs)
to minimize the discharge of pollutants in storm water runoff. What Are Some Guidelines for Developing and Implementing The Recommendations?·, The Ol:licctives of the industrial stolm
water control measUres is to have the regulated small MS4 owners and operators gain a thorough aWareness or '.vho the industrial u.....crs are that discharge to the MS4 and their compliance
status with Phase I regulation",. This understanding \vill allow lhem t\J detennine the type of o\'ersight thal may be necl.i:"salY and wlHll education efforts should he implemented,
Some general guiJ:mcc for the recommendalions is provided hc.!lnw. The Map A stonn so,,;.....cr =,,-'y:-olCnl map is to be de\"clopcd as. parl of the illicit discharg.e detection and
elimination mintn1un1 control measure. For the purposes of industrial controls, it can be used to help identify whlch facilities discharge to the MS4 and the associated outfalls. Using
this information, the owner and operator of a small regulated MS4 can respond to water quality concerns at outfalls due to both dry weather flow and storm water. Identi(v the Industries
That Discharge /() the MS4 Using business licenses, surveys, and existing infonnation from other programs, determine the industrial facilities that are located within the MS4. Use the
SIC Code descliption to identify facilities that may be subject to Phase 1regulations. Determine, through discussions with the permitting autholity, the status of compliance with permitting
requirements for those facilities identified. Identify other facilities that may be of concern. Determine which facilities have discharge to the MS4. This may require reviewing building
and plumbing records, and possibly on-site investigations. Because of this, the regulated small MS4 should prioritize this work based on the type of facility andlor location within an
outfall basin that may be expeliencing water quality issues. LegalAuthoritv The permittec will be encouraged to establish and enforce an ordinance, or similar means, which prohibits
illicit discharges. It is recommended that the pennittee expand the scope of the ordinance to provide the necessary means to implement any industrial storm water control measures identified
in an implementation plan, if developed. This could include provisions to enter and inspect the premises, review SWPCPs and other documents pertaining to pemtits, and require implementation
ofBMPs. It could also inelude appropriate enforcement capability. The Plan . An assessment should be made as to whether an industrial control program is appropriate and to what extent.
Any plan that the permittee implements Will depend largely upon the identification of the industrial facilities that discharge to the MS4 and if adequate controls arc in place. Available
resources and size of staff will also influence the extent of the plan. As guidance only, the following steps are recommended in detennining the extent and type of an industrial control
program. 1) Identify tbe Industrial Base Identify the industlial facilities that discharge to tbe MS4. Use maps, building and plumbing records, surveys, business license reviews, and
information from existing programs, such as pretreatment. Identify, using SIC Codes, the type of industrial activity that is 
conducted at Cach site. Obtain inlOlm.tion from the permitting authority regarding thc pcrmit status for the facilities identified. 2) Determine the Extent of the Prog,...m Use the information
from identifying the industrial base to detennine what, if any. control programs should be developed. At a minimum, develop a proc,,," to handle complainl, by responding to the site
ouefcn'ing the information to the permitting authority. Develop a process to "petition" the pcnnitting authority to issue a NPDES permit. If appropriate, devclop a program to perform
inspections or racilitics thal may contribute to a violation of a water qualilY standard or un:: significant contributors of pollutanL,. Prioritize th" work b,,,,:cl on the type of facilities
prescnt Hnd/or ouU"all.basins that arc experiencing watcr quality conccms. Ensur<! thaI adoqual" legal authority cxisL, to impicmcntthe plan. This could include Code modification or
􀁤􀁾􀁶􀁥􀁬􀁯􀁰􀁭􀁥􀁮􀁴􀀠nnd/or ,1 Memorandum of Agreement with thc pCI1l1illing authority. authority. The cxtent of the program may be determined, in part, by the amount of staff and
resources available. 3} IdentifY Who is Re'llOn.ihlc For Implementing the Program Once the extent or a program has been ddcrmined. appropri'ltc stafr should be identified to implement
the program. Depending on the program, this could inclUde dedicating stafrto make this their primali' responsibility, Or incorporating these lash into existing programs. Existing programs
:iuch as pretreatmenL, hazardous materials, and the illicit discharge and elimination programs are all viable alternatives that have been used successfully by municipalities. The municipality
should ensure that adequnh: time and resources are anlilahte to whomever the tasks arc assigned lo. rr the prognlfll 15 n01 an assigned task, ovcrsighl can become limited when resources
are Iirnited Or demands are placed on tileir primal} responsibilities. 4) DocumcntProeedurcs and A.th·Uie, . Whatev"r the extent of the program, the municipality should rormulate and
d(1<;unl"nt the procedures to be used when addressing Slonn waler mnon' from intiu:-;tnal facilitie,. This will proyide " mechanism to re<pond to complaint, and inqui ric" and will illustrate
tilatthe municipality -is 􀁰􀁲􀁯􀁧􀁮􀀺􀁾􀁳􀁳􀁩􀁮􀁧􀀠toward:,; the necessmy oversight of its' MS4. 1r(I more c;.;:h.;nsive program is developed, an impkl11t.::ntation manual .'-5hould
be formulaLct.llhat identifies priorilic:-\ (md procedures for inspeotions and, if included, monitoring OrSlonn waler runoff All aclivilics, including respOIl::it.:: to complaints. in:spt.::clions,
and moniloring should be:,documcntcd. Educational Outreach . Educational oulreach to bllSinesses and industries about praetices that ean reduce pollutants in storm water runoff will
help to gain support for the permittee's storm water program. Edueational oulreach is already identified as a component of the illicit discharge elimination program to inrorm variollS
groups what they ean do to detect and eliminate illicit discharges. Further efforts could include the following: • Providing training programs for public employees; • Developing infonnative
brochures, and guidances for specific audiences (e.g., automotive shops, restaurants, recycling facilities. etc.) • Developing infonnative brochures, and guidances for specific industrial
practices (e.g. waste storage, sand blasting and painting, loading and unloading of materials, etc.) • Develop partnerships with other groups and agencies to incorporate stonn water
educational outreach into their programs. What Would Be Appropriate Measurable Goals? Measurable goals will depend largely on the type and extent afthe program developed and thc area
served by the MS4. The measurable goals arc listed to address a comprehensive inspection program but include target dates for developing a program with lower commitments. Targ.IDate
Activity I year ...... . Sewer system map completed as part of IDEP. Industries identified in service area that have storm water permits. 2 years ....... . Ordinance in place; comprehcnsive
listing of industries within service area; identification of program oversight and . responsible staff; documentation of program procedures; training for public employees completed.
3 years....... . Best management practices brochures developed; Full implementation of an inpsection program. 4 years ........ Incorporate stonn water pollution control principles into
other groups and agencies. The measurable goals for this control measure could be combined with those of the Illicit Discharge Detection and Elimination and Public Education and Outreach
minimum control measures. 
• '--_.._-'-_.._.._-------------, For Additional Information Conttlcl • City of 1'00tland, Oregon, Bureau ofEnvironrnental Services; Industrial Stormwater Program' • Phon;:;; 503 823-5320
• E-mail: michaelp@bes,cLportland.oLus • lotclllot: www.enviro.ci.llortland.oLuslisll.htm • U.S. HI'AOffice of Wastewater Management • Phone; 202260-5816 • 􀁅􀁾􀁮􀁈􀁬􀁪􀁬􀀺􀀠SW2@epa.gov
• Inlcmet: www.epa.gov.owmlsw/phase2/fmal.htm • Your NI'DES Permitting Authority. (A list of names and te10phonc numbers for each U.S.EPA Region, including State stmm water contacts,
can be obtained by contacting the U,S. EPA Office of Wastewater Management.) Reference J)ocuments . • Slom} W"ter Phase II Fact Sheet Series. Contact the U.S. EPA Water Resource Center
at 202260-7786 or at wateroubs@epa.gov Intemet: www.eoa.gov.owmlsw/phase21index.htm • (ailire time 01printing" these were being revised) • Storm Water Phase II Rule, published on Dec.
8 1999 in the Federal Register (64 FR 68721). • Internet: www.epa.gov.owmlswlphase2/fmal.htm Sources trs. EPA Office of Water. 1992. Developing Pollution Prevention Plolls AIII/lJeslManagement
Practices. EPA 832-R-92006, ' US EPA Stonn W.terSection. July 1991. Staff Analysis. AnalySiS Olllllplelllenting Permitting Aclivilles For Siorm Waler 􀁄􀁩􀁳􀁣􀁨􀀨􀁬􀁲􀁧􀁾􀁳􀀠Associated
With industrial Activity, 
From; Keith Kennedy 􀁾􀀠NCTCOG 'To: Jim Pierce Date: 1113J99 'TIme: 1:21:08 PM Page 1 of1 Special Fax: Plea.e disregard ifyou have already received my e-mail. Nollb Central Texas Council
of Governments The Final Phase II rules have been signed by the EPA Administrator! The final Phase II storm water rules have indeed been signed by the EPA Administrator (October 29),
They will become official (law) 'once they are published In the Federal Register in a couple at "''E!eks, The new rules will require more than 5,000 smaller local governments, primarily
those lecated in urbanized areas with total populations of 50,000 or more, to implement NPDES·permitted storm water quality management programs, The rules also lower the threshold for
construction projects requiring NPDES permits, including municipal construction activities, from five acres to one acre, Municipal separate storm sewer systems (MS4s) will have 3 years
and 3 months to obtain permits. NCTCOG staff have been reviewing the rules, Our preliminary review has nat uncovered any major changes: the 6 minimum measures are still there and oonstruction
requirements go dawn to 1 acre as proposed, There are several wording and phrasing changes, but most are seemingly to increase clarity and do not change the overall intent of the language,
There seems to be a greater emphasis on a tie in to the TMDL program. The language also makes it easier for permittees to partiCipate in cooperative programs, which supports what we
already have underway, At the upooming watershed meetings, we will have a mare detailed discussion and analysis ready. The Phase II final rules, along with a FACT SHEET, PRESS RELEASE
and EPA's Report to Congress required by the Fiscal Year 2000 appropriations law, are now available at htto:/1w<hw epa,govlowmlswiphase2lindex,htm, Let the games begin.., 
Jim Pierce From: Keith Kennedy [keith@nctcog.dst.tx.us] Sent: Friday, October 29, 19994:22 PM To: Alan Upchurch (E-mail); Charlie Hastings (E-mail); Charlie Thomas (E-mail); Craig Powell;
Dan Tracy (E-mail); Danny Johnson (E-mail); David McCarver (E-mail); David Nighswonger (E-mail); David R. Gattis AICP (E-mail); David Simons (E-mail); Dean Tesmer (E-mail); Dennis Schwartz
(E-mail); Dolph Johnson (E-mail); Fred Owen (E-mail); Gene Rattan (Email); Greg Shugart (E-mail); Greg Van Nieuwenhuize (E-mail); Gregory W. Dickens (Email); Hany C. McWreath (E-mail);
James Caffey (E-mail); James R. Cummings (E-mail); Jason Cosby (E-mail); Jay McCurley (E-mail); Jeff Chambers (E-mail); Jeny Murawski (Email); Jim Coulter (E-mail); Jim Pierce (E-mail);
Joe Schwartz (E-mail); Johnnie Reagan (Email); Julie Winchell (E-mail); Karen C. Siddall (E-mail); Kent Collins (E-mail); Kirk Barnes (E-mail); Kyle Odom (E-mail); Lany McDaniel P. E.
R. S (E-mail); Lynn Hurley (E-mail); Marina Giggleman (E-mail); Marion Henderson (E-mail); mail); Matt Holzapfel (E-mail); Michael A. Moya (E-mail); Mike Shingler (E-mail); Philip Welsch
(E-mail); Randy Brown (E-mail); Robert Bemdt (E-mail); Robert Byrom; Ruben Delgado (E-mail); Steve Rollins (E-mail); Stewart Fairburn (E-mail); T. S Kumar (E-mail); Tom Moore (E-mail)
Cc: Jeff Rice; Leslie Calderon Subject: Status of Stormwater Phase II Rules Some interesting developments have been occurring concerning the Phase II rules and we have been tracking
them the best we could. The following is the latest word from our contact at APWA, which we feel is very reliable. We look to continue to follow up on Monday to make sure it did indeed
get Signed by the Administrator and will send a follow-up. It appears everyone will have access to the new rules early next week. We'll let you know. Have a great weekend! <::>:<::>:<::>:<::>:<::>:<:
:>:<::>:<::>:<::>:<::>:<::>;<:;>:<;:>;<;;>:<;:>;<;:>:<::>:<::>:<;:>:<;;>:<::>:<::>:<::>:<;;>:<::»:<::>:<>:< Keith Kennedy p. o. Box 5888 Senior Environmental Planner Arlington, Arlington,
TX 76005-5888 North Central Texas Council ofGovernments (817) 695-9221, FAX 695-9191 <::>:<::>:<::>:<::>:<::>:<:;>:<::>:<::>:<;:>:<::>:<;;>;<::>:<::>:<::>:<::>:<::>:<::>:<::>:<::>:<::>:<::>:<::>:<::>
:<::>:<::»:<::>:<>:<: :It appears the U.S. EPA will issue the final stormwater phase II regulations today, Friday, October 29, despite a fiscal year 2000 appropriations provision, signed
into law October 20, which required the agency to submit a report to Congress on the cost impacts and rationale behind the rules. Michael B. Cook, Director of EPA's Office of Wastewater
Management, told APWA this afternoon that he is "99.9% sure EPA Administrator Carol Browner will sign the regulations by midnight tonight." Cook said that EPA had submitted the required
report to Congress yesterday, and that the text of the new rules and access to the report would be available on EPA's web site early next week. To fully comply with the appropriations
law, EPA still must submit a report to the Congress on the water quality improvements achieved through the phase I requirements. That report is due in February and does not affect issuance
of the phase" rules. No new information about the substance of the final phase II regulations has not been made available yet, although major changes to the proposed rules are not expected.
APWA will send alert as soon as new information becomes available. The web site where EPA will post information is: http://www.epa.gov/owm/sw/phase2/index.htm. For more information,
contact Stephanie Osborn in APWA's Washington Office at (202) 393-2792.: 1 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 For the reasons set forth in the preamble, chapter I of title 40 of the Code of Federal Regulations is amended
as follows: PART 9--0MB APPROVALS UNDER THE PAPERWORK REDUCTION ACT 1. The authority citation for part 9 continues to read as follows: Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C.
2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (dl and (e), 1361; E.O.
11735, 38 FR 21243, 3 CFR, 1971-1975 Compo p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-l, 300j-2, 300j-3, 300j-4, 300j-9,
1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048. 2. In § 9.1 the table is amended by adding entries in numerical order under the indicated heading to read as follows:
§ 9.1 OMB approvals under the Paperwork Reduction Act. * * * * * 40 CFR citation OMB control control No. * * * * * EPA Administered Permit Programs: The National Pollutant Discharge
Elimination System * * * * * 122.26(g) ...............•..........................2040-0211 * * * * * State Permit Requirements * * * * * 123.35 (b) ..........................................2040-0211
* * '* * * PART 122--EPA ADH:INISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIH:INATION SYSTEM 1. The authority citation for part 122 continues to read as follows: Authority:
The Clean Water Act, 33 U.S.C. 1251 et seq. 2. Revise § 122.21(c) (1) to read as follows: § 122.21 Applioation for a permit (applioable to State programs, see § 123.25). 1 
Storm Water Phase II 􀁆􀁾􀁮􀁡􀀱􀀠Rule -Pre-Federal 􀁒􀁥􀁧􀁾􀁳􀁴􀁥􀁲􀀠􀁖􀁥􀁲􀁳􀁾􀁯􀁮􀀠 Oct. 29, 1999 *" * * * * (c) Time to apply. (1) Any person proposing a new discharge, shall submit
an application at least 180 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the Director. Facilities proposing a new
discharge of storm water associated with industrial activity shall submit an application 180 days before that facility commences industrial activity which may result in a discharge of
storm water associated with that industrial activity. Facilities described under §§ 122.26(b) (14) (xl or (b) (15) (i) shall submit applications at least 90 days before the date on which
construction is to commence. Different submittal dates may be required under the terms of applicable general permits. Persons proposing a new discharge are encouraged to submit their
applications well in advance of the 90 or 180 day requirements to avoid delay. See also paragraph (k) of this section and § 122.26 (c) (1) (i) (G) and (c) (1) (ii). * * * * * 3. In §
122.26, revise paragraphs (a) (9), (b) (4) (i), (b) (7) (i), (b) (14) introductory text, (b) (14) (x), (b) (14) (xi); redesignate paragraph (b) (15) as paragraph (b) (20) and add new
paragraphs (b) (15) through (b) (19); revise the heading for paragraph (c) introductory text, the first sentence of paragraph (c) (1) introductory text, paragraph (c) (1) (ii) introductory
text, paragraphs (e) introductory text, (e) (1) and (e) (5) introductory text; add paragraphs (e) (8) and (e) (9); and revise paragraphs (f) (4), (f) (5), and (g) to read as follows:
§ 122.26 Storm water discharges (applicable to State NPDES programs, see § 123.25). (a) * * * (9) (i) On and after October 1, 1994, for discharges composed entirely of storm water, that
are not required by paragraph (a) (1) of this section to obtain a permit, operators shall be required to obtain a NPDES permit only if: (A) The discharge is from a small MS4 required
to be regulated regulated pursuant to § 122.32; (B) The discharge is a storm water discharge associated with small construction activity pursuant to paragraph (b) (15) of this section;
(e) The Director, or in States with approved NPDES programs either the Director or the EPA Regional Administrator, determines that storm water controls are needed for the discharge based
on wasteload allocations that are part of "total maximum daily loads" (TMDLs) that address the pollutant(s) of concern; or (D) The Director, or in States with approved NPDES programs
2 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oet. 29, 1999 either the Director or the EPA Regional Administrator, determines that the discharge, or category of discharges
within a geographic area, contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. (ii) Operators of small
MS4s designated pursuant to paragraphs (a) (9) (i) (A), (a) (9) (i) (C), and (a) (9) (i) (D) of this section shall seek coverage under an NPDES permit in accordance with §§ 122.33 through
122.35. Operators of non-municipal sources designated pursuant to paragraphs (a) (9) (i) (B), (a) (9) (i) (C), and (a) (9) Ii) (D) of this section shall seek coverage under an NPDES
permit in accordance with paragraph (c) (1) of this section. (iii) Operators of storm water discharges designated pursuant to paragraphs (a) (9) (i) (C) and (a) (9) (i) (D) of this section
shall apply to the Director for a permit within 180 days of receipt of notice, unless permission for a later date is granted by the Director (see § 124.52(c) of this chapter). * * *
* * (b) * * * (4) * * * (i) Located in an incorporated place with a population of 250,000 or more as determined by the 1990 Decennial Census by the Bureau of the Census (Appendix F of
this part): or * '* * * * (7) * * * (i) Located in an incorporated place with a population of 100,000 or more but less than 250,000, as determined by the 1990 Decennial Census by the
Bureau of the Census (Appendix G of this part); or * * * * '* (14) Storm water discharge associated with industrial activity means the discharge from any conveyance that is used for
collecting and conveying storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges
from facilities or activities excluded from the NPDES program under 40 CFR Part 122. For the categories of industries identified in this section, the term includes, but is not limited
to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or
by-products used or created by the facility: material handling sites: ·refuse sites: sites used for the application or disposal of process waste waters (as defined at 40 CFR Part 401):
sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposali shipping and receiving areaSi manufacturing buildings;
storage areas 3 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 (including tank farms) for raw materials, and intermediate and final products; and areas where industrial
activity has taken place in the past and significant materials remain and are exposed to storm water. For the purposes of this paragraph, material handling activities include storage,
loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product. The term excludes areas located on plant lands
separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water
drained from the above described areas. Industrial facilities (including industrial facilities that are federally, State, or municipally owned or operated that meet the description of
the facilities listed in this paragraph (b) (14) (i) through (xi) of this section) include those facilities designated under the provisions of paragraph (a) (1) (v) of this section.
The following categories of facilities are considered to be engaging in aindustrial activity" for purposes of this subsection: * * * * '* (x) Construction activity including clearing,
grading and excavation, except operations that result in the disturbance of less than five acres of total land area. Construction activity also includes the disturbance of less than
five acres of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more; (xi) Facilities under
Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 36, 39, and 4221-25; (IS) Storm
water discharge associated with small construction activity means the discharge of storm water from: (i) Construction activities including clearing, grading, and excavating that result
in land disturbance of of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area
that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. Small construction
activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. The Director may waive
the otherwise applicable requirements in a general permit for a storm water discharge from construction activities that disturb less than five acres where: (A) The value of the rainfall
erosivity factor (aR" in the 4 
storm water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 RevisedUniversal Soil Loss Equation) is less than five during the period of construction activity. The rainfall erosivity factor is determined in accordance with Chapter 2 of Agriculture Handbook
Number 703, Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE), pages 21-64, dated January 1997. The Director of
the Federal Register approves this incorporation by reference in accordance with 5 U.S.C 552(a) and 1 CFR part 51. Copies may be obtained from EPA's Water Resource Center, Mail Code
RC4l00, 401 M St. S.W., Washington, DC 20460. A copy is also available for inspection at the U.S. EPA Water Docket, 401 M Street S.W., Washington, DC. 20460, or the Office of the Federal
Register, 800 N. Capital Street N.W. Suite 700, Washington, DC. An operator must certify to the Director that the construction activity will take place during a period when the value
of the rainfall erosivity factor is less than five; or (E) Storm water controls are not needed based on a "total maximum daily load" (TMDL) approved or established by EPA that addresses
the pollutant(s) of concern or, for non-impaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for the pollutant(s)
of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing instream concentrations, expected growth in pollutant contributions
from all sources, and a margin of safety. For the purpose of this paragraph, the pollutant(s) of concern include sediment or a parameter that addresses sediment (such as total suspended
solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity.
The operator must certify to the Director that the construction activity will take place, and storm water discharges will occur, within the drainage area addressed by the TMDL or equivalent
analysis. (ii) Any other construction activity designated by the Director, or in States with approved NPDES programs either the Director or the EPA Regional Administrator, based on the
potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to waters of the United States. 5 ,, 
Storm water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 EXHIBIT 1 TO § 122.26(b) (15) .--SUMMARY OF COVERAGE OF "STORM WATER DISCHARGES ASSOCIATED WITH SMALL CONSTRUCTION
ACTIVITY" UNDER THE NPDES STORM WATER PROGRAM Automatic Designation: Required Nationwide Coverage • Construction activities that result in a land disturbance of equal to or greater than
one acre and less than five acres. • Construction activities disturbing less than one acre if part of a larger common plan of development or sale with a planned disturbance of equal
to or greater than one acre and less than five acres. (see § 122.26(b) (lS) (i).) Potential Construction activities that result Designation: in a land disturbance of less than Optional
Evaluation one acre based on the potential for and Designation by contribution to a violation of a the NPDES Permitting water quality standard or for Authority or EPA significant contribution
of Regional pollutants. (see Administrator. § 122.26 (b) (IS) (ii) .) Potential Waiver: Waiver from Requirements as Determined by the NPDES Permitting Authority. Any automatically designated
construction activity where the operator certifies: (1) A rainfall erosivity factor of less than five, or (2) That the activity will occur within an area where controls are not needed
based on a TMDL or, for non-impaired waters that do not require a TMDL, an equivalent analysis for the pollutant(s) of concern. (see § 122.26 (b) (15) (i) .) (16) Small municipal separate
storm sewer system means all separate storm sewers that are: (i) Owned or operated by the United States, a State, city, town, borough, county, parish, district, association, or other
public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State
law such as a sewer district, flood control district or drainage 6 
Storm Water Phase II 􀁆􀁾􀁮􀁡􀁬􀀠Rule -Pre-Federal 􀁒􀁥􀁧􀁾􀁳􀁴􀁥􀁲􀀠􀁖􀁥􀁲􀁳􀁾􀁯􀁮􀀠 Oct. 29, 1999 district, or similar entity, or an Indian tribe or an authorized Indian tribal organization,
or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; and (ii) Not defined as "large" or "medium" municipal separate
storm sewer systems pursuant to paragraphs (b) (4) and (b) (7) of this section, or designated under paragraph (a) (1) (v) of this section. (iii) This term includes systems similar to
separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include
separate storm sewers in very discrete areas, such as individual buildings. (17) Small MS4 means a small municipal separate storm sewer system. (18) Municipal separate storm sewer system
means all separate storm sewers that are defined as "large" or "medium" or "small" municipal separate storm sewer systems pursuant to paragraphs (b) (4), (b) (7) t and (b) (16) of this
section, or designated under paragraph (a) (1) (v) of this section. (19) MS4 means a municipal separate storm sewer system. * * * * * (c) Application requirements for storm water discharges
associated with industrial activity and storm water discharges associated with small construction activity. (1) Individual application. Dischargers of storm water associated with industrial
activity and with small construction activity are required to apply for an individual permit or seek coverage under a promulgated storm water general permit. * * * * * * * * (ii) An
operator of an existing or new storm water discharge that is associated with industrial activity solely under paragraph (b) (14) (x) of this section or is associated with small construction
activity solely under paragraph (b) (15) of this section, is exempt from the requirements of § l22.2l(g) and paragraph (c) (1) (i) of this section. * * * * * * * * (e) Application deadlines.
Any operator of a pOint source required to obtain a permit under this section that does not have an effective NPDES permit authorizing discharges from its storm water outfalls shall
submit an application in accordance with the following deadlines: (1) Storm water discharges associated with industrial activity. Ii) Except as provided in paragraph (e) (1) (ii) of
this section, for any storm water discharge associated with industrial activity identified in paragraphs (bl (14) (i) through (xi) of this 7 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 section, that is not part of a group application as described in paragraph (c) (2) of this section or that
is not authorized by a storm water general permit, a permit application made pursuant to paragraph (c) of this section must be submitted to the Director by October 1, 1992; (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 or individual permit, other than an airport, powerplant, or uncontrolled sanitary landfill, the permit application must be submitted to the Director by [insert date 3 years
and 90 days after date of publioation in the FEDERAL REGISTER] . * * * * * (5) A permit application shall be submitted to the Director within 180 days of notice, unless permission for
a later date is granted by the Director (see 40 eFR 124.52(c», for: (i) A storm water discharge that the Director, or in States with approved NPDES programs, either the Director or the
EPA Regional Administrator, determines that the discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United
States (see paragraphs (a) (1) (v) and (b) (15) (ii) of this section); * * * * * (8) For any storm water discharge associated with small construction activity identified in paragraph
(b) (15) (i) of this section, see § 122.21 (c) (1). Discharges from these sources require permit authorization by [insert date 3 years and 90 days after date of publioation in the FEDERAL
REGISTER], unless designated for coverage before then. (9) For any discharge from a regulated small MS4, the permit application made under § 122.33 must be submitted to the Director
by: (i) [insert date 3 years and 90 days after date of publioation in the FEDERAL REGISTER] if designated under § 122.32(a) (1) unless your MS4 serves a jurisdiction with a population
under 10,000 and the NPDES permitting authority has established a phasing schedule under § l23.35(d) (3) (see § 122.33(c) (1»; or (ii) Within 180 days of notice, unless the NPDES permitting
authority grants a later date, if designated under § 122.32(a) (2) (see § 122.33(c)(2». (f) * * * (4) Any person may petition the Director for the designation of a large, medium, or
small municipal separate storm sewer system as defined by paragraphs (b) (4) (iv), (b) (7) (iv), or (b) (16) of this section. 8 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 (5) The Director shall make a final determination on any petition received under this section within 90 days
after receiving the petition with the exception of petitions to designate a small MS4 in which case the Director shall make a final determination on the petition within 180 days after
its receipt. (g) Conditional exclusion for "no exposure" of industrial activities and materials to storm water. Discharges composed entirely of storm water are not storm water discharges
associated with industrial activity if there is "no exposure" of industrial materials and activities to rain, snow, snowmelt and/or runoff, and the discharger satisfies the conditions
in paragraphs (g) (1) through (g) (4) of this section. "No exposure-means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure
to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials,
intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw
material, intermediate product, final product or waste product. (1) Qualification. To qualify for this exclusion, the operator of the discharge must: (i) Provide a storm resistant shelter
to protect industrial materials and activities from exposure to rain, snow, snow melt, and runoff; (ii) Complete and sign (according to § 122.22) a certification that there are no discharges
of storm water contaminated by exposure to industrial materials and activities from the entire facility, except as provided in paragraph (g) (2) of this section; (iii) Submit the signed
certification to the NPDES permitting authority once every five years; (iv) Allow the Director to inspect the facility to determine compliance with the "no exposure" conditions; (v)
Allow the Director to make any "no exposure" inspection reports available to the public upon request; and (vi) For facilities that discharge through an MS4, upon request, submit a copy
of the certification of "no exposure" to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator. (2) Industrial materials and activities not requiring
storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for: (i) Drums, barrels, tanks, and similar containers that are tightly sealed, provided
those containers are not deteriorated and do not leak ("Sealed" means banded or otherwise secured and 9 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 without operational taps or valves); (ii) Adequately maintained vehicles used in material handling; and (iii)
Final products, other than products that would be mobilized in storm water discharge (e.g., rock salt). (3) Limitations. (i) Storm water discharges from construction activities identified
in paragraphs (b) (14) (x) and (b) (15) are not eligible for this conditional exclusion. {iiI This conditional exclusion from the requirement for an NPDES permit is available on a facility-wide
basis only, not for individual outfalls. If a facility has some discharges of storm water that would otherwise be "no exposure" discharges, individual permit requirements should be adjusted
accordingly. (iii) If circumstances change and industrial materials or activities become exposed to rain, snow, snow melt, and/or runoff, the conditions for this exclusion no longer
apply. In such cases, the discharge becomes subject to enforcement for unpermitted unpermitted discharge. Any conditionally exempt discharger who anticipates changes in circumstances
should apply for and obtain permit authorization prior to the change of circumstances. (iv) Notwithstanding the provisions of this paragraph, the NPDES permitting authority retains the
authority to require permit authorization (and deny this exclusion) upon making a determination that the discharge causes, has a reasonable potential to cause, or contributes to an instream
excursion above an applicable water quality standard, including designated uses. (4) Certification. The no exposure certification must require the submission of the following information,
at a minimum, to aid the NPDES permitting authority in determining if the facility qualifies for the no exposure exclusion: (i) The legal name, address and phone number of the discharger
(see § 122.21(b)); (ii) The facility name and address, the county name and the latitude and longitude where the facility is located; (iii) The certification must indicate that none of
the following materials or activities are, or will be in the foreseeable future, exposed to precipitation. (A) Using, storing or cleaning industrial machinery or equipment, and areas
where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to storm water; (B) Materials or residuals on the ground or in storm water inlets
from spills/leaks; (e) Materials or products from past industrial activity; (D) Material handling equipment (except adequately maintained vehicles); IE) Materials or products during
loading/unloading or 10 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 transporting activities; (F) Materials or products stored outdoors (except final products intended for outside
use, e.g., new cars, where exposure to storm water does not result in the discharge of pollutants); (G) Materials contained in open, deteriorated or leaking storage drums, barrels, tanks,
and similar containers; (H) Materials or products handled/stored on roads or railways owned or maintained by the discharger; (I) Waste material (except waste in covered, non-leaking
containers, e.g., dumpsters); (J) Application or disposal of process wastewater (unless otherwise permitted); and (K) Particulate matter or visible deposits of residuals from roof stacks/vents
not otherwise regulated, i.e., under an air quality control permit, and evident in the storm water outflow. (iv) All "no exposure" certifications must include the following certification
statement, and be signed in accordance with the signatory requirements of § 122.22: "I certify under penalty of law that I have read and understand the eligibility requirements for claiming
a condition of "no exposure" and obtaining an exclusion from NPDES storm water permitting; and that there are no discharges of storm water contaminated by exposure to industrial activities
or materials from the industrial facility identified in this document (except as allowed under paragraph (g) (2) of this section. I understand that I am obligated to submit a no exposure
certification form once every five years to the NPDES permitting authority and, if requested, to the operator of the local MS4 into which this facility discharges (where applicable).
I understand that I must allow the NPDES permitting authority, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure
and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water
from the facility. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly involved
in gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware there are significant penalties for submitting
false information, including the possibility of fine and imprisonment for knowing violations." 4. Revise § 122.28(b) (2)(v) to read as follows: 11 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 § 122.28 General permits (applicable to State NPDES programs, see § 123.25). * * * * * (b) * * * (2) * * *
(v) 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 under a general permit without submitting a notice of intent where
the Director finds that a notice of intent requirement would be inappropriate. In making such a finding, the Director shall consider: the type of discharge; the expected nature of the
discharge; the potential for toxic and conventional pollutants in the discharges; the expected volume of the discharges; other means of identifying discharges covered by the permit;
and the estimated number of discharges to be covered by the permit. The Director shall provide in the public notice of the general permit the reasons for not requiring a notice of intent.
* * * * * 5. Add §§ 122.30 through 122.37 to subpart B to read as follows: § 122.30 What are the objectives of the storm water regulations for small MS4s? (a) Sections 122.30 through
122.37 are written in a 􀁾􀁲􀁥􀁡􀁤􀁡􀁢􀁬􀁥􀀠regulation" format that includes both rule requirements and EPA guidance that is not legally binding. EPA has clearly distinguished its recommended
guidance from the rule requirements by putting the guidance in a separate paragraph headed by the word 􀁾􀁧􀁵􀁩􀁤􀁡􀁮􀁣􀁥􀀢􀀮􀀠(b) 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 additional sources that need to be regulated to protect water quality and to establish
a comprehensive storm water program to regulate these sources. (Because the storm water program is part of the National Pollutant Discharge Elimination System (NPDES) Program, you should
also refer to to § 122.1 which addresses the broader purpose of the NPDES program.) (c) Storm water runoff continues to harm the nation's waters. Runoff from lands modified by human
activities can harm surface water resources in several ways including by changing natural hydrologic patterns and by elevating pollutant concentrations and loadings. Storm water runoff
may contain or mobilize high levels 12 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 of contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen-demanding
substances, and floatables. (d) 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. § 122.31 As a Tribe, what is my ro1e under the NPDES 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 you are eligible for treatment in the same manner as a State under §§ 123.31 through 123.34 of this chapter.
(If you do not have an authorized NPDES program, EPA implements the program for discharges on your reservation as well as other Indian country, generally.); (b) Be classified as an owner
of a regulated small MS4, as defined in § 122.32. (Designation of your Tribe as an owner of a small MS4 for purposes of this part is an approach that is consistent with EPA's 1984 Indian
Policy of operating on a government-to-government basis with EPA looking to Tribes as the lead governmental authorities to address environmental issues on their reservations as appropriate.
If you operate a separate storm sewer system that meets the definition of a regulated small MS4, you are subject to the requirements under §§ 122.33 through 122.35. If you are not designated
as a regulated small MS4, you may ask EPA to deSignate you as such for the purposes of this part.); or (c) Be a discharger of storm water associated with industrial activity or small
construction activity under §§ 122.26(b) (14) or (b) (15), in which case you must meet the applicable requirements. Within Indian country, the NPDES permitting authority is generally
EPA, unless you are authorized to administer the NPDES program. § 122.32 As an operator of a sma11 􀁍􀁓􀀴􀁾􀀠am I regu1ated under the NPDES storm water program? (a) Unless you qualify
for a waiver under paragraph (c) of this section, you are regulated if you operate a small MS4, including but not limited to systems operated by federal, State, Tribal, and local governments,
including State departments of transportation; and (1) Your small MS4 is located in an urbanized area as determined by the latest Decennial Census by the Bureau of the 13 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oot. 29, 1999 Census. (If your small MB4 is not located entirely within an urbanized area, only the portion that is within
the urbanized area is regulated); or (2) You are designated by the NPDEB permitting authority, including where the designation is pursuant to §§ 123.35 (b) (3) and (b) (4) of this chapter,
or is based upon a petition under §122.26(f). (b) You may be the subject of a petition to the NPDES permitting authority to require an NPDEB permit for your discharge of storm water.
If the NPDEB permitting authority determines that you need a permit, you are required to comply with §§ 122.33 through 122.35. (c) The NPDES permitting authority may waive the requirements
otherwise applicable to you if you meet the criteria of paragraph (d) or (e) of this section. If you receive a waiver under this section, you may subsequently be required to seek coverage
under an NPDEB permit in accordance with § 122.33(a) if circumstances change. (Bee also § 123.35(b) of this chapter.) (d) The NPDEB permitting authority may waive permit coverage if
your MB4 serves a population of less than 1,000 within the urbanized area and you meet the following criteria: (1) Your system is not contributing substantially to the pollutant loadings
of a physically interconnected MB4 that is regulated by the NPDEB storm water program (see § 123.35(b) (4) of this chapter); and (2) If you discharge any pollutant(s) that have been
identified as a cause of impairment of any water body to which you discharge, storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established
"total maximum daily load" (TMDL) that addresses the pollutant(s) of concern. (e) The NPDEB permitting authority may waive permit coverage if your MB4 serves a population under 10,000
and you meet the following criteria: (1) The permitting authority has evaluated all waters of the U. B., including small streams, tributaries, lakes, and ponds, that receive a discharge
from your MB4; (2) For all such waters, the permitting authority has determined that storm water controls are not needed based on wasteload allocations that are part of an EPA approved
or established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the
pollutant(s) of concern; (3) For the purpose of this paragraph, the pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such
as total suspended 14 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 solids, turbidity or siltation)<, pathogens, oil and grease, and any pollutant that has been identified as
a cause of impairment of any water body that will receive a discharge from your MS4; and (4) The permitting authority has determined that future discharges from your MS4 do not have
the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological
impacts. § 122.33 If I am an operator of a regulated small MS4, how do I apply for an NPDES permit? When do I have to apply? (a) If you operate a regulated small MS4 under § 122.32,
you must seek coverage under a NPDES permit issued by your NPDES permitting authority. If you are located in an NPDES authorized State, Tribe, or Territory, then that State, Tribe, or
Territory is your NPDES permitting authority. Otherwise, your NPDES permitting authority is the EPA Regional Office. (b) You must seek authorization to discharge under a general or individual
NPDES permit, as follows: (1) If your NPDES permitting authority has issued a general permit applicable to your discharge and you are seeking coverage under the general permit, you must
submit a Notice of Intent (NOI) that includes the information on your best management practices and measurable goals required by § 122.34(d). You may file your own NOI, or you and other
municipalities or governmental entities may jointly submit an NOI. If you want to share responsibilities for meeting the minimum measures with other municipalities or governmental entities,
you must submit an NOI that describes which minimum measures you will implement and identify the entities that will implement the other minimum measures within the area served by your
MS4. The general permit will explain any other steps necessary to obtain permit authorization. (2) (i) If you are seeking authorization to discharge under an individual permit and wish
to implement a program under § 122.34, you must submit an application to your NPDES permitting authority that includes the information required under §§ l22.2l(f) and 122.34(d), an estimate
of square mileage served by your small MS4, and any additional information that your NPDES permitting authority requests. A storm sewer map that satisfies the requirement of § 122.34
(b) (3) (i) will satisfy the map requirement in § 122.21 (f) (7). (ii) If you are seeking authorization to discharge under an individual permit and wish to implement a program that is
different from the program under § 122.34, you will need to comply with the permit application requirements of § l22.26(d). 15 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 You must submit both Parts of the application requirements in §§ 122.26(d) (1) and (2) by [insert date 3 years
and 90 days after date of publication in the FEDERAL REGISTER]. You do not need to submit the information required by §§ 122.26(d) (1) (ii) and (d) (2) regarding your legal authority,
unless you intend for the permit writer to take such information into account when developing your other permit conditions. (iii) If allowed by your NPDES permitting authority, you and
another regulated entity may jointly apply under either (b) (2) (i) or (b) (2) (ii) of this section to be co-permittees under an individual permit. (3) If your small MS4 is in the same
urbanized area as a medium or large MS4 with an NPDES storm water permit and that other MS4 is willing to have you participate in its storm water program, you and the other MS4 may jointly
seek a modification of the other MS4 permit to include you as a limited co-permittee. As a limitedco-permittee, you will be responsible for compliance with the permit's conditions applicable to your jurisdiction. If you choose this option you will need to comply with the permit application
requirements of § 122.26, rather than the requirements of § 122.34. You do not need to comply with the specific application requirements of § 122.26(d) (1) (iii) and (iv) and (d) (2)
(iii) (discharge characterization). You may satisfy the requirements in § 122.26 (d) (1) (v) and (d) (2) (iv) (identification of a management program) by referring to the other MS4's
storm water management program. (4) Guidance: In referencing an MS4's storm water management program, you should briefly describe how the existing plan will address discharges from your
small MS4 or would need to be supplemented in order to adequately address your discharges. You should also explain your role in coordinating storm water pollutant control activities
in your MS4, and detail the resources available to you to accomplish the plan. (c) If you you operate a regulated small MS4: (1) Designated under § 122.32(a) (1), you must apply for
coverage under an NPDES permit, or apply for a modification of an existing NPDES permit under paragraph (b) (3) of this section by [insert date 3 years and 90 days after date of publication
in the FEDERAL REGISTER], unless your MS4 serves a jurisdiction with a population under 10,000 and the NPDES permitting authority has established a phasing schedule under § 123.35(d)
(3). (2) Designated under § 122.32(a) (2), you must apply for coverage under an NPDES permit, or apply for a modification of an existing NPDES permit under paragraph (b) (3) of this
section, within 180 days of notice, unless the NPDES permitting authority grants a later date. 16 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 § 122.34 As an operator of a regulated small MS4, what will my NPDES MS4 storm water permit require? (a) Your
NPDES MS4 permit will require at a minimum that you develop, implement, and enforce a storm water management program designed to reduce the discharge of pollutants from your MS4 to the
maximum extent practicable (MEP) , to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. Your storm water management program must
include the minimum control measures described in paragraph (b) of this section unless you apply for a permit under § 122.26(d). For purposes of this section, narrative effluent limitations
requiring implementation of best 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 to protect water quality. Implementation of best management practices consistent with the provisions of the storm water
management program required pursuant to this section and the provisions of the permit required pursuant to § 122.33 constitutes 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 develop and implement your program.
(b) Minimum control measures. (1) Public education and outreach on storm water impacts. (i) You must implement a public education program to distribute educational materials to the community
or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff.
(ii) Guidance: You may use storm water educational materials provided by your State, Tribe, EPA, environmental, public interest or trade organizations, or other MS4s. The public education
program should inform individuals and households about the steps they can take to reduce storm water pollution, such as ensuring proper septic system maintenance, ensuring the proper
use and disposal of landscape and garden chemicals including fertilizers and pesticides, protecting and restoring riparian vegetation, and properly disposing of used motor oil or household
hazardous wastes. EPA recommends that the program inform individuals and groups how to become involved in local stream and beach restoration activities as well as activities that are
coordinated by youth service and conservation corps or other citizen groups. EPA recommends that the public education program be tailored, using a mix of locally appropriate strategies,
to target specific audiences and communities. Examples of strategies include distributing brochures or fact sheets, 17 
Storm Water Phase II Final Rule -Pra-Federa1 Register Version Oct. 29, 1999 sponsoring speaking engagements before community groups, providing public service announcements, implementing
educational programs targeted at school age children, and conducting community-based projects such as storm drain stenciling, and watershed and beach cleanups. In addition, EPA recommends
that some of the materials or outreach programs be directed toward targeted groups of commercial, industrial, and institutional entities likely to have significant storm water impacts.
For example, providing information to restaurants on the impact of grease clogging storm drains and to garages on the impact of oil discharges. You are encouraged to tailor your outreach
program to address the viewpoints and concerns of all communities, particularly minority and disadvantaged communities, as well as any special concerns relating to children. (2) Public
involvement/Participation. (i) You must, at a minimum, comply with State, Tribal and local public notice requirements when implementing a public involvement/participation program. (ii)
Guidance: EPA recommends that the public be included in developing, implementing, and reviewing your storm water management program and that the public participation process should make
efforts to reach out and engage all economic and ethnic groups. Opportunities for members of the public to participate in program development and implementation include serving as citizen
representatives on a local storm water management panel, attending public hearings, working as citizen volunteers to educate other individuals about the program, assisting in program
coordination with other pre-existing programs, or participating in volunteer monitoring efforts. (Citizens should obtain approval where necessary for lawful access to monitoring sites.)
(3) Illicit discharge detection and elimination. (i) You must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined at § 122.26(b) (2» into
your your small MS4. (ii) You must: (Al Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of
the United States that receive discharges from those outfalls; (Bl To the extent allowable under State, Tribal or local law, effectively prohibit, through ordinance, or other regulatory
mechanism, non-storm water discharges into your storm sewer system and implement appropriate enforcement procedures and actions; (Cl Develop and implement a plan to detect and address
nonstorm water discharges, including illegal dumping, to your 18 
Storm Water Phase II 􀁆􀁾􀁮􀁡􀁬􀀠Rule -Pre-Federal 􀁒􀁥􀁧􀁾􀁳􀁴􀁥􀁲􀀠􀁖􀁥􀁲􀁳􀁾􀁯􀁮􀀠 Oct. 29, 1999 system; and (D) Inform public employees, businesses, and the general public of hazards
associated with illegal discharges and improper disposal of waste. (iii) You need address the following categories of non-storm water discharges or flows (i.e., illicit discharges) only
if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated
ground water infiltration (as defined at 40 CFR 35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming
pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the effective prohibition against non-storm water and need only be addressed
where they are identified as significant sources of pollutants to waters of the United States). (iv) Guidance: EPA recommends that the plan to detect and address illicit discharges include
the following four components: procedures for locating priority areas likely to have illicit discharges; procedures for tracing the source of an illicit discharge; procedures for removing
the source of the discharge; and procedures for program evaluation and assessment. EPA recommends visually screening outfalls during dry weather and conducting field tests of selected
pollutants as part of the procedures for locating priority areas. Illicit discharge education 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 runoff control. (i) You must develop, implement, and
enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre.
Reduction of storm water discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common
plan of development or sale that would disturb one acre or more. If the NPDES permitting authority waives requirements for storm water discharges associated with small construction activity
in accordance with § l22.26(b) (15) (i), you are not required to develop, implement, and/or enforce a program to reduce pollutant discharges from such sites. 19 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 (ii) Your program must include the development and implementation of, at a minimum: (Al An ordinance or other
regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State, Tribal, or local law; (B) Requirements
for construction site operators to implement appropriate erosion and sediment control best management practices; (e) Requirements for construction site operators to control waste such
as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; (D) Procedures
for site plan review which incorporate consideration of potential water quality impacts; (E) Procedures for receipt and consideration of information submitted by the public, and (F)
Procedures for site inspection and enforcement of control measures. (iii) Guidance: Examples of sanctions to ensure compliance include non-monetary penalties, fines, bonding requirements
and/or permit denials for non-compliance. EPA recommends that procedures for site plan review include the review of individual pre-construction site plans to ensure consistency with
local sediment and erosion control requirements. Procedures for site inspections and enforcement of control measures could include steps to identify priority sites for inspection and
enforcement based on the nature of the construction actiVity, topography, and the characteristics of soils and receiving water quality. You are encouraged to provide appropriate educational
and training measures for construction site operators. You may wish to require a storm water pollution prevention plan for construction sites within your jurisdiction that discharge
into your system. See § 122.44(s) (NPDES permitting authorities' option to incorporate qualifying State, Tribal and local erosion and sediment control programs into NPDES permits for
storm water discharges from construction sites). Also see § 122.35(b) (The NPDES permitting authority may recognize that another government entity, including the permitting authority,
may be responsible for implementing one Or more of the minimum measures on your behalf.) (5) Post-construction storm water management in new development and redevelopment. (i) You must
develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, 20 
Storm Water Phase II 􀁆􀁩􀁮􀁡􀁾􀀠􀁒􀁵􀁾􀁥􀀠-􀁐􀁲􀁥􀀭􀁆􀁥􀁤􀁥􀁲􀁡􀁾􀀠Register Version Oct. 29, 􀁾􀀹􀀹􀀹􀀠 including projects less than one acre that are part of a larger common plan of
development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts. (ii) You must: (A)
Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for your community; (B) Use an ordinance
or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State, Tribal or local law; and (C) Ensure
adequate long-term operation and maintenance of BMPs. (iii) Guidance: If water quality impacts are considered from the beginning stages of a project, new development and potentially
redevelopment provide more opportunities for water quality protection. EPA recommends that the BMPs chosen: be appropriate for the local community; minimize water quality impacts; and
attempt to maintain pre-development runoff conditions. In choosing appropriate BMPs, EPA encourages you to participate in locally-based watershed planning efforts which attempt to involve
a diverse group of stakeholders including interested citizens. When developing a program that is consistent with this measure's intent, EPA recommends that you adopt a planning process
that identifies the municipality's program goals (e.g., minimize water quality impacts resulting from post-construction runoff from new development and redevelopment), implementation
strategies (e.g., adopt a combination of structural and/or non-structural BMPs) , operation and maintenance policies and procedures, and enforcement procedures. In developing your program,
you should consider assessing existing ordinances, policies, programs and studies that address storm water runoff quality. In addition to assessing these existing documents and programs,
you should provide opportunities to the public to participate in the development of the program. Non-structural BMPs are preventative actions that involve management and source controls
such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance
of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure; education programs for developers
and 21 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 the public about project designs that minimize water quality impacts; and measures such as minimization of
percent impervious area after development and minimization of directly connected impervious areas. Structural BMPs include: storage practices such as wet ponds and extended-detention
outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches. EPA
recommends that you ensure the appropriate implementation of the structural BMPs by considering some or all of the following: pre-construction review of BMP designs; inspections during
construction to verify BMPs are built as designed; post-construction inspection and maintenance of BMPs; and penalty provisions for the noncompliance with design, construction or operation
and maintenance. Storm water technologies are constantly being improved, and EPA recommends that your requirements be responsive to these changes, developments or improvements in control
technologies. (6) Pollution prevention/good housekeeping for municipal operations. (i) You must develop and implement an operation and maintenance program that includes a training component
and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your State, Tribe, or other organizations,
your program must include employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction
and land disturbances, and storm water system maintenance. (ii) Guidance: EPA recommends that, at a minimum, you consider the following in developing your program: maintenance activities,
maintenance schedules, and long-term inspection procedures for structural and non-structural storm water controls to reduce floatables and other pollutants discharged from from your
separate storm sewers; controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or
maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal areas operated by you, and waste transfer stations; procedures for properly disposing of waste
removed from the separate storm sewers and areas listed above (such as dredge spoil, accumulated sediments, floatables, and other debris); and 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. Operation and maintenance should
be an integral component of all storm water management programs. This measure is intended to improve the efficiency of these programs and 22 
Storm Water Phase II Fina1 Ru1e -Pre-Federa1 Register Version Oct. 29, 1999 require new programs where necessary. Properly developed and implemented operation and maintenance programs
reduce the risk of water quality problems. (c) If an existing qualifying local program requires you to implement one or more of the minimum control measures of paragraph (bl of this
section, the NPDES permitting authority may include conditions in your NPDES permit that direct you to follow that qualifying program's requirements rather than the requirements of paragraph
(b) of this section. A qualifying local program is a local, State or Tribal municipal storm water management program that imposes, at a minimum, the relevant requirements of paragraph
(b) of this section. (d) (I) In your permit application (either a notice of intent for coverage under a general permit or an individual permit application), you must identify and sUbmit
to your NPDES permitting authority the following information: (i) The best management practices practices (BMPs) that you or another entity will implement for each of the storm water
minimum control measures at paragraphs (b) (I) through (b) (6) of this section; (iil The measurable goals for each of the BMPs including, as appropriate, the months and years in which
you will undertake required actions, including interim milestones and the frequency of the action; and (iii) The person or persons responsible for implementing or coordinating your storm
water management program. (2) If you obtain coverage under a general permit, you are not required to meet any measurable goal(s) identified in your notice of intent in order to demonstrate
compliance with the minimum control measures in paragraphs (b) (3) through (b) (6) of this section unless, prior to submitting your NOI, EPA or your State or Tribe has provided or issued
a menu of BMPs that addresses each such minimum measure. Even if no regulatory authority issues the menu of BMPs, however, you still must comply with other requirements of the general
permit, including good faith implementation of BMPs designed to comply with the minimum measures. (3) Guidance: Either EPA or your State or Tribal permitting authority will provide a
menu of BMPs. You may choose BMPs from the menu or select others that satisfy the minimum control measures. (e) (1) You must comply with any more stringent effluent limitations in your
permit, including permit requirements that modify, or are in addition to, the minimum control measures based on an approved total maximum daily load (TMDL) or equivalent analysis. The
permitting authority may include such more stringent limitations based on a TMDL or equivalent analysis that determines such limitations are needed to protect water quality. 23 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 (2) Guidance: EPA strongly recommends that until the evaluation of the storm water program in § 122.37, no
additional requirements beyond the minimum control measures be imposed on regulated small MS4s without the agreement of the operator of the affected small MS4, except where an approved
TMDL or equivalent analysis provides adequate information to develop more specific measures to protect water quality. (f) You must comply with other applicable NPDES permit requirements,
standards and conditions established in the individual or general permit, developed consistent with the provisions of §§ 122.41 through 122.49, as appropriate. (g) Evaluation and assessment.
(1) Evaluation. You must evaluate program compliance, the appropriateness of your identified best management practices, and progress towards achieving your identified measurable goals.
EXPLANATORY NOTE: The NPDES permitting authority may determine monitoring requirements for you in accordance with State/Tribal 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 a description of 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 of the public to provide advance
notice.) (3) Reporting. Unless you are relying on another entity to satisfy your NPDES permit obligations under § 122.35(a), 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 Your
report must include: (i) The status of compliance with permit conditions, an assessment of the appropriateness of your identified best management practices and progress towards achieving
your identified measurable goals for each of the minimum control measures; iii) Results of information collected and analyzed, including monitoring data, if any, during the reporting
period; (iii) A summary of the storm water activities you plan to undertake during the next reporting cycle; (iv) A change in any identified best management practices or measurable goals
for any of the minimum control measures; and 24 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 (v) Notice that you are 􀁲􀁥􀁬􀁹􀁾􀁮􀁧􀀠on another governmental entity to satisfy some of your permit obligations
(if applicable) . § 122.35 As an operator of a regulated small MS4, may I share the responsibility to implement the minimum control measures with other entities? (a) You may rely on
another entity to satisfy your NPDES permit obligations to implement a minimum control measure if: (1) The other entity, in fact, implements the control measure; (2) The particular control
measure, or component thereof, is at least as stringent as the corresponding NPDES permit requirement; and (3) The other entity agrees to implement the control measure on your behalf.
In the reports you must submit under § 122.34(g) (3), you must also specify that you rely on another entity to satisfy some of your permit obligations. If you are relying on another
governmental entity regulated under section 122 to satisfy all of your permit obligations, including your obligation to file periodic reports required by § 122.34(g) (3), you must note
that fact in your NOI, but you are not required to file the periodic reports. You remain responsible for compliance with your permit obligations if the 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) In some cases, the NPDES permitting authority may recognize, either in your individual NPDES permit or in an NPDES general permit, that another governmental entity
is responsible under an NPDES permit for implementing one or more of the minimum control measures for your small MS4 or that the permitting authority itself is responsible. Where the
permitting authority does so, you are not required to include such minimum control measure(s) in your storm water management program. (For example, if a State or Tribe is subject to
an NPDES NPDES permit that requires it to administer a program to control construction site runoff at the State or Tribal level and that program satisfies all of the requirements of
§ 122.34(b) (4), you could avoid responsibility for the construction measure, but would be responsible for the remaining minimum control measures.) Your permit may be reopened and modified
to include the requirement to implement a minimum control measure if the entity fails to implement it. § 122.36 As an operator of a regulated small MS4, what happens if I don't comply
with the application or permit requirements in §§ 122.33 through 122.35? 25 
storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 NPDES permits are federally enforceable. Violators may be subject to the enforcement actions and penalties
described in Clean Water Act sections 309 (b), (c), and (g) and 50S, or under applicable State, Tribal, or local law. Compliance with a permit issued pursuant to section 402 of the Clean
Water Act is deemed compliance, for purposes of sections 309 and 50S, with sections 301, 302, 306, 307, and 403, except any standard imposed under section 307 for toxic pollutants injurious
to human health. If you are covered as a co-permittee under an individual permit or under a general permit by means of a joint Notice of Intent you remain subject to the enforcement
actions and penalties for the failure to comply with the terms of the permit in your jurisdiction except as set forth in § l22.35(b). § 122.37 Will the small MS4 storm water program
regulations at §§ 122.32 through 122.36 and § 123.35 of this chapter change in the future? EPA will evaluate the small MS4 regulations at §§ 122.32 through 122.36 and § 123.35 after
[insert date 13 years after date of publication in the FEDERAL 􀁒􀁅􀁇􀁾􀁓􀁔􀁅􀁒􀁝􀀠and make any necessary revisions. (EPA intends to conduct an enhanced research effort and compile a
comprehensive evaluation of the NPDES MS4 storm water program. EPA will re-evaluate the regulations based on data from the NPDES MS4 storm water program, from research on receiving water
impacts from storm water, and the effectiveness of best management practices (BMPs), as well as other relevant information sources.) 6. In § 122.44, redesignate paragraphs (k) (2) and
(k) (3) as paragraphs (k) (3) and (k) (4), and add new paragraphs (k) (2) and(s) to read as follows: § 122.44 Establishing limitations, standards, and other permit conditions (applicable
to State NPDES programs, see § 123.25) . * * *' '* * (k) * * * * * (2) Authorized under section 402(p) of CWA for the control of storm water discharges; * *' * * ... (s) (1) For storm
water discharges associated with small construction activity identified in § 122.26(b) (15), the Director may include permit conditions that incorporate by reference qualifying State,
Tribal, or local erosion and sedimentcontrol program requirements. Where a qualifying State, Tribal, or local program does not include one or more of the elements below, then the Director must include those elements as
conditions in the 26 
, ) Storm Water Phase II Final Rule -Pre-FederaI Rsgister Version Oct. 29, 1999 permit. A qualifying State, Tribal, or local erosion and sediment control program is one that includes:
(i) Requirements for construction site operators to implement appropriate erosion and sediment control best management practices; (ii) Requirements for construction site operators to
control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality;
(iii) Requirements for construction site operators to develop and implement a storm water pollution prevention plan. (A storm water pollution prevention plan includes site descriptions,
descriptions of appropriate control measures, copies of approved State, Tribal or local requirements, maintenance procedures, inspection procedures, and identification of non-storm water
discharges); and (iv) Requirements to submit a site plan for review that incorporates consideration of potential water quality impacts. (2) For storm water discharges from construction
activity identified in § 122.26(b) (14) (x), the Director may include permit conditions that incorporate by reference qualifying State, Tribal, or local erosion and sediment control
program requirements. A qualifying State, Tribal or local erosion and sediment control program is one that includes the elements listed in paragraph (s) (1) of this section and any additional
requirements necessary to achieve the applicable technology-based standards of "best available technology" and "best conventional technologyH based on the best professional judgment
of the permit writer. 7. Add § 122.62(a) (14) to read as follows: § 122.62 Modification or revocation and reissuance of permits (applicable to State programs, see § 123.25) . * * '*
'* * (a) * * * * * (14) For a small MS4, to include an effluent limitation requiring implementation of a minimum control measure or measures as specified in § 122.34(b) when: (i) The
permit does does not include such measure(s) based upon the determination that another entity was responsible for implementation of the requirement(s), and (ii) The other entity fails
to implement measure(s) that satisfy the requirement(s). 8. Revise Appendices F, G, H, and I to Part 122 to read as 27 
Storm Water Phase II 􀁆􀁩􀁮􀁡􀁾􀀠Rule -Pre-Federal Register Version Oct. 29, 1999 follows: APPENDIX F TO PART 122 -INCORPORATED PLACES WITH POPULATIONS GREATER THAN 250,000 ACCORDING
TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS State Incorporated 􀁐􀁾􀁡􀁣􀁥􀀠Alabama Birmingham Arizona Phoenix Tucson California Long Beach Los Angeles Oakland Sacramento
San Diego San Francisco San Jose Colorado Denver District of Columbia Florida Jacksonville Miami Tampa Georgia Atlanta Illinois Chicago Indiana Indianapolis Kansas Wichita Kentucky Louisville
Louisiana New Orleans Maryland Baltimore Massachusetts Boston Michigan Detroit Minnesota Minneapolis St. Paul Missouri Kansas City St. Louis 28 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oot. 29, 1999 OmahaNebraska NewarkNew Jersey AlbuquerqueNew Mexico Buffalo Bronx Borough Brooklyn Borough Manhattan Borough
Queens Borough Staten Island Borough New York North Carolina Charlotte Ohio Cincinnati Cleveland Columbus Toledo Oklahoma Oklahoma City Tulsa Oregon Portland Pennsylvania Philadelphia
Pittsburgh Tennessee Memphis Nashville/Davidson Texas Austin Dallas El Peso Fort Worth Houston San Antonio Virginia Norfolk Virginia Beach Washington Seattle Wisconsin Milwaukee APPENDIX
G TO PART 122 -INCORPORATED PLACES WITH POPULATIONS GREATER THAN 100,000 BUT LESS THAN 250,000 ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS state I Incorporated
Plaoe 29 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 Alabama Huntsville Mobile Montgomery Alaska Anchorage Mesa Tempe Arizona Arkansas Little Rock California Anaheim
Bakersfield Berkeley Chula Vista Concord El Monte Escondido Fremont Fresno Fullerton Garden Grove Glendale Hayward Huntington Beach Inglewood Irvine Modesto Moreno Valley Oceanside Ontario
Orange Oxnard Pasadena Pomona Rancho Cucamonga Riverside Salinas San Bernadino Santa. Ana Santa· Clarita Simi Valley Stockton Sunnyvale Thousand Oaks Torrance Vallejo 30 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 Colorado Aurora Colorado Lakewood Pueblo Springs Connecticut Bridgeport Hartford New Haven Stamford Waterbury
Florida Fort Lauderdale Hialeah Hollywood Orlando St. Petersburg Tallahassee Georgia Columbus Macon Savannah Idaho Boise City Illinois Peoria Rockford Indiana Evansville Fort Wayne Gary
South Bend Iowa Cedar Rapids Davenport Des Moines Kansas Kansas Topeka City Kentucky Lexington-Fayette Louisiana Baton Rouge Shrev;eport Massachusetts Springfield Worcester 31 
Storm Water Phase II 􀁆􀁾􀁮􀁡􀁬􀀠Rule -Pre-Federal 􀁒􀁥􀁧􀁾􀁳􀁴􀁥􀁲􀀠􀁖􀁥􀁲􀁳􀁾􀁯􀁮􀀠Oct. 29, 1999 Michigan Ann Arbor Flint Grand Rapids Lansing Livonia Sterling Heights Warren Mississippi
Jackson Missouri Independence Springfield Nebraska Lincoln Nevada Las Vegas Reno New Jersey Elizabeth Jersey City Paterson New York Albany Rochester Syracuse Yonkers North Carolina Durham
Greensboro Raleigh Winston-Salem Ohio Akron Dayton Youngstown Oregon Eugene Pennsylvania Allentown Erie Rhode Island Providence South Carolina Columbia Tennessee Chattanooga Knoxville
32 
Storm Water Phase II 􀁆􀁩􀁮􀁡􀁾􀀠􀁒􀁵􀁾􀁥􀀠-􀁐􀁲􀁥􀀭􀁆􀁥􀁤􀁥􀁲􀁡􀁾􀀠Register Version Oct. 29, 1999 Texas Abilene Amarillo Arlington Beaumont Corpus Christi Garland Irving Laredo Lubbock
Mesquite Pasadena Plano Waco Utah Salt Lake City Virginia Alexandria Chesapeake Hampton Newport News Portsmouth Richmond Roanoke Washington Spokane Tacoma Wisconsin Madison APPENDIX
H TO PART 122 -COUNTIES WITH UNINCORPORATED URBANIZED AREAS WITH A POPULATION OF 250,000 OR MORE ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS State County Un.incorporated
urban.ized populat.ion California Los Angeles Sacramento San Diego 886,780 594,889 250,414 Delaware New Castle 296,996 Florida Dade 1,014,504 Georgia DeKalb 448,686 Hawaii Honolulu'
114,506 33 
1 Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 Maryland Texas Utah Anne Arundel Baltimore Montgomery Prince George's Harris Salt Lake 344,654 627,593 599,028
494,369 729,206 270,989 Virginia Washington Fairfax King 760,730 520,468 County was listed in 1990 regulation; however, population dropped to below 250,000 in the 1990 Census. APPENDIX
I TO PART 122 -COUNTIES WITH UNINCORPORATED URBANIZED AREAS GREATER THAN 100,000 BUT LESS THAN 250,000 ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS State County
Uninoo:r:porated urbanized popu1ation Alabama Jefferson' 78,608 Arizona Pima 162,202 California Colorado Alameda Contra Costa Kern Orange Riverside San Bernardino Arapahoe 115,082 131,815
128,504 223,081 166,509 162,202 103,248 34 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 142,329BrowardFlorida 167,463Escambia 398,593Hillsborough 102,337Lee 123,828Manatee 378,611Orange 360,553Palm
Beach 148,907Pasco 255,772Pinellas 121,528Polk 172,600Sarasota Seminole 127,873 Georgia Clayton 133,237 Cobb 322,595 127,776Fulton Gwinnett 237,305 Richmond 126,476 239,430Kentucky Jefferson
102,539East Baton RougeLouisiana Parish 331,307 Jefferson Parish Maryland Howard 157,972 North Carolina Cumberland 146,827 Clark 327,618Nevada Oregon Multnomah' 52,923 Washington 116,687
35 
Storm Water Phase II Fina1 Ru1e -Pre-Federa1 Register Version Oot. 29, 1999 South Carolina Greenville Richland 147,464 130,589 Virginia Arlington Chesterfield Henrico Prince William
170,936 174,488 201,367 157,131 Washington Pierce Snohomish 258,530 157,218 1 County was listed in 1990 regulation; however, population dropped to below 100,000 in the 1990 Census. PART
123--STATE PROGRAM REQUIREMENTS 1. The authority citation for part 123 continues to read as follows: Authority: The Clean Water Act, 33 U.S.C. 1251 et seg. 2. Amend § 123.25 by removing
the word "and" at the end of paragraph (a) (37), by removing the period at the end of paragraph (a) (38), and by adding paragraphs (a) (39) through (a) (45) to read as follows: § 123.25
Requirements for permitting. (a) * * * (39) § 122.30 (What are the objectives of the storm water regulations for small MS4s?); (40) § 122.31 (For Indian Tribes only) (As a Tribe, what
is my role under the NPDES storm water program?); (41) § 122.32 (As an operator of a small MS4, am am I regulated under the NPDES storm water program?); (42) § 122.33 (If I am an operator
of a regulated small MS4, how do I apply for an NPDES permit? When do I have to apply?); (43) § 122.34 (As an operator of a regulated small MS4, what will my NPDES MS4 storm water permit
require?); (44) § 122.35 (As an operator of a regulated small MS4, may I share the responsibility to implement the minimum control measures with other entities?); and (45) § 122.36 (As
an operator of a regulated small MS4, what happens if I don't comply with the application or permit requirements in §§ 122.33 through 122.35?). * * * * * 36 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 3. Add § 123.35 to subpart B to read as follows: § 123.35 As the NPDES Permitting Authority for regulated
small MS4s, what is my role? (a) You must comply with the requirements for all NPDES permitting authorities under Parts 122, 123, 124, and 125 of this chapter. (This section is meant
only to supplement those requirements and discuss specific issues related to the small MS4 storm water program.) (b) You must develop a process, as well as criteria, to designate small
MS4s other than those described in § 122.32(a) (1) of this chapter, as regulated small MS4s to be covered under the NPDES storm water discharge control program. This process must include
the authority to designate a small MS4 waived under paragraph (d) of this section if circumstances change. EPA may make designations under this section if a State or Tribe fails to comply
with the requirements listed in this paragraph. In making designations of small MS4s, you must: (1) (i) Develop criteria to evaluate whether a storm water discharge results in or has
the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological
impacts. (ii) Guidance: For determining other significant water quality impacts, EPA recommends a balanced consideration of the 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, significant contributor of pollutants to waters
of the United States, and ineffective protection of water quality by other programs.; (2) Apply such criteria, at a minimum, to any small MS4 located outside of an urbanized area serving
a jurisdiction with a population density of at least 1,000 people per square mile and a population of at least 10,000; (3) Designate any small MS4 that meets your criteria by [insert
date three years years after date of publication in the FEDERAL REGISTER]. You may wait until [insert date five years after date of publication in the FEDERAL REGISTER] to apply the
designation criteria on a watershed basis if you have developed a comprehensive watershed plan. You may apply these criteria to make additional designations at any time, as appropriate;
and (4) Designate any small MS4 that contributes substantially to the pollutant loadings of a physically interconnected municipal separate storm sewer that is regulated by the NPDES
storm water program. 37 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 (c) You must make a final determination within 180 days from receipt of a petition under § 122.26(f) of this
chapter (or analogous State or Tribal law). If you do not do so within that time period, EPA may make a determination on the petition. (d) You must issue permits consistent with §§ 122.32
through 122.35 of this chapter to all regulated small MS4s. You may waive or phase in the requirements otherwise applicable to regulated small MS4s, as defined in § 122.32(a) (1) of
this chapter, under the following circumstances: (1) You may waive permit coverage for each small MS4s in jurisdictions with a population under 1,000 within the urbanized area where
all of the following criteria have been met: (i) Its discharges are not contributing substantially to the pollutant loadings of a physically interconnected regulated MS4 (see paragraph
(b) (4) of this section); and (ii) If the small MS4 discharges any pollutant(s) that have been identified as a cause of impairment of any water body to which it discharges, storm water
controls are not needed based on wasteload allocations that are part of an EPA approved or established "total maximum daily load" (TMDL) that address the pollutant(s) of concern. (2)
You may waive permit coverage for each small MS4 in jurisdictions with a population under 10,000 where all of the following criteria have been met: (i) You have evaluated all waters
of the U. S., including small streams, tributaries, lakes, and ponds, that receive a discharge from the MS4 eligible for such a waiver; (ii) For all such waters, you have determined
that storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern or, if a TMDL
has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of concern; (iii) For the purpose of paragraph (dl (2) (iiI, the
pollutant(s) of concern include biOChemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens,
oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the MS4; and (iv) You have determined that current
and future discharges from the MS4 do not have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water
quality impacts, including habitat and biological impacts. (v) Guidance: To help determine other significant water quality impacts, EPA recommends a balanced consideration of the 38

Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 following criteria on a watershed or other local basis: discharge to sensitive waters, high growth or growth
potential, high population or commercial density, significant contributor of pollutants to waters of the Onited States, and ineffective protection of water quality by other programs.
(3) You may phase in permit coverage for small MS4s serving jurisdictions with a population under 10,000 on a schedule consistent with a State watershed permitting approach. Onder this
approach, you must develop and implement a schedule to phase in permit coverage for approximately 20 percent annually of all small MS4s that qualify for such phased-in coverage. Onder
this option, all regulated small MS4s are required to have coverage under an NPDES permit by no later than [insert date 7 years and 90 days after date of publ.ioat.ion .in the FEDERAL
REGISTER]. Your schedule for phasing in permit coverage for small MS4s must be approved by the Regional Administrator no later than [insert date 2 years after date of publicat.ion .in
the FEDERAL REGISTER]. (4) If you choose to phase in permit coverage for small MS4s in jurisdictions with a population under 10,000, in accordance with paragraph (d) (3) of this section,
you may also provide waivers in accordance with paragraphs (dl (1) and (d) (2) of this section pursuant to your approved schedule. (5) If you do not have an approved schedule for phasing
in permit coverage, you must make a determination whether to issue an NPDES permit or allow a waiver in accordance with paragraph (d) (1) or (d) (2) of this section, for each eligible
MS4 by [insert date 3 years after date of publioation .in the FEDERAL REGISTER) . (6) You must periodically review any waivers granted in accordance with paragraph (d) (2) of this section
to determine whether any of the information required for granting the waiver has changed. At a minimum, you must conduct such a review once every five years. In addition, you must consider
any petition to review any waiver when the petitioner provides evidence that the information required for granting the waiver has substantially changed. (e) You must specify a time period
of up to 5 years from the date of permit issuance for operators of regulated small MS4s to fully develop and implement their storm water program. (f) You must include the requirements
in §§ 122.33 through 122.35 of this chapter in any permit issued for regulated small MS4s or develop permit limits based on a permit application submitted by a regulated small MS4. (You
may include conditions in a regulated small MS4 NPDES permit that direct the MS4 to follow an existing qualifying local program's requirements, as a way of complying with some or all
of the requirements in 39 
Storm Water Phase II 􀁆􀁩􀁮􀁡􀁾􀀠Rule -􀁐􀁲􀁥􀀭􀁆􀁥􀁤􀁥􀁲􀁡􀁾􀀠Register Version Oct. 29, 􀁾􀀹􀀹􀀹􀀠 § 122.34(b). See § 122.34(c) of this chapter. Qualifying local, State or Tribal program
requirements must impose, at a minimum, the relevant requirements of § 122.34(b) of this chapter.) (g) If you issue a general permit to authorize storm water discharges from small MS4s,
you must make available a menu of BMPs to assist regulated small MS4s in the design and implementation of municipal storm water management programs to implement the minimum measures
specified in § 122.34(b) of this chapter. EPA plans to develop a menu of BMPs that will apply in each State or Tribe that has not developed its own menu. Regardless of whether a menu
of BMPs has been developed by EPA, EPA encourages State and Tribal permitting authorities to develop a menu of BMPs that is appropriate for local conditions. EPA also intends to provide
gUidance on developing BMPs and measurable goals and modify, update, and supplement such guidance guidance based on the assessments of the NPDES MS4 storm water program and research
to be conducted over the next thirteen years. (h) (1) You must incorporate any additional measures necessary to ensure effective implementation of your State or Tribal storm water program
for regulated small MS4s. (2) Guidance: EPA recommends consideration of the following: (i) You are encouraged to use a general permit for regulated small MS4s; (ii) To the extent that
your State or Tribe administers a dedicated funding source, you should play an active role in providing financial assistance to operators of regulated small MS4s; (iii) You should support
local programs by providing technical and programmatic assistance, conducting research projects, performing watershed monitoring, and providing adequate legal authority at the local
level; (iv) You are encouraged to coordinate and utilize the data collected under several programs including water quality management programs, TMDL programs, and water quality monitoring
programs; (v) Where appropriate, you may recognize existing responsibilities among governmental entities for the control measures in an NPDES small MS4 permit (see § 122.35(b) of this
chapter); and (vi) You are encouraged to provide a brief (e.g., two page) reporting format to facilitate compiling and analyzing data from submitted reports under § 122.34(g) (3) of
this chapter. EPA intends to develop a model form for this purpose. PART 124-PROCEDURES FOR DECISIONMAKING 1. The authority citation for part 124 continues to read as 40 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oot. 29, 1999 follows: Authority: Resource Conservation and Recovery Act, 42 U.S.C.6901 et seq./Safe Drinking Water Act,
42 U.S.C. 300(f) et seq.; Clean Water Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et seq. 2. Revise § 124.52(c) to read as follows: § 124.52 Permits Required on a oase-by-oase
basis. * * * * * (c) Prior to a case-by-case determination that an individual permit is required for a storm water discharge under this section (see 40 CFR 122.26 (a) (1) (v), tc) (1)
(v), and (a) (9) (iii) of this chapter), the Regional Administrator may require the discharger to submit a permit application or other information regarding the discharge under section
308 of the CWA. In requiring such information, the Regional Administrator shall notify the discharger in writing and shall send an application form with the notice. The discharger must
apply for a permit within 180 days of notice, unless permission for a later date is granted by by the Regional Administrator. The question whether the initial designation was proper
will remain open for consideration during the public comment period under § 124.11 or § 124.118 and in any subsequent hearing. 41 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 APPENDIX 1 TO PREAMBLE -FEDERALLY-RECOGNIZED AMERICAN INDIAN AREAS LOCATED FULLY OR PARTIALLY IN BUREAU OF
THE CENSUS URBANIZED AREAS [Based on 1990 Census data] .American Indian Area Urbanized Area AZ State Pascua Yacqui Reservation (pt. ) : Pascua Yaequi Tribe of Tucson, AZ (Phase I) Arizona
AZ Salt Rlver ReservatLon (pt.): :>alt I.{lVer PLma-Marlcopa I?noenlx, AD (E'nase 1) Indian Community of the Salt River Reservation, California AZ San XaVLer Keservatlon (pt.): Tonono
0 oonam Naelon or 􀁾􀂷􀀬􀁲􀁵􀁣􀁳􀁯􀁮􀁦􀀠􀁁􀁾􀀠(Pnase 1) Arizona (formerly known as the Papago Tribe of the Sells, Gila Bend & San Xavier Reservation) A.ugustlne Reservatlon: Augustlne
"ano or c;anULua MlSSlon l"nalo-CoacneLLa, lCA of Indians of the Augustine Reservation, CA CA (Phase I) CA e-abazon Reservatlon: Cabazon Band ot Cahuliia Mlsslon !lhdl.O-COaChella, CA
Indians of the Cabazon Reservation, CA (Phase I) Fort Yuma (\luecnan) Ipt. I: Quecnan 'l'rll)e or tne Fort Yuma Iyuma, AZ:'CAU\ Indian Reservation, California & Arizona LA IKeaolng Rancnerla:
Keaolng Kane 􀁥􀁲􀁾􀁡􀀠or ca 1. orn1.a Reaclng, LA FL HOllywooa Reservatlon: ::iemlnOle TrLbe !f'ort LauderdaLe, E'L (Phase I) FL 􀁓􀁥􀁭􀁾􀁮􀁯􀁌􀁥􀀠Trust Lanas: 􀁓􀁥􀁭􀁾􀁮􀁯􀁾􀁥􀀠􀁔􀁲􀁾􀁯􀁥􀀠or
􀁆􀁌􀁯􀁲􀁾􀁡􀁡􀀬􀀠Danla, Fort 􀁌􀁡􀁵􀁏􀁥􀁲􀁡􀁡􀁾􀁥􀀬􀀠FL Big Cypress & Brighton Reservations (Phase I) 1D Fore liall 􀁒􀁥􀁳􀁥􀁲􀁶􀁡􀁴􀁾􀁯􀁮􀀠ana Trust Lanas: ::mosone -"annOCK 􀁉􀁴􀀧􀁯􀁣􀁡􀁴􀁥􀁾􀁬􀁯�
�􀀠ID Tribes of the Fort Hall Reservation of Idaho ME E'enobscot Reservatl.on and Trust Lands (pt.): Penobscot ,Bangor, ME Tribe of Maine Shakopee Communlty: :;nakopee Mdewakanton 􀀺􀀻􀁾􀁯􀁵􀁸􀀠Cornm
unl.tyMN /1lnneapoils-St. Paul, of Minnesota (Prior Lake) \-1N (Phase I) NM Sanal.a PueOlo Ipt.): PueblO or 􀁓􀁡􀁮􀁯􀁾􀁡􀀬􀀠New i"leXlCO Albuquerque, NM (PhaSe I) NV fLas Vegas Colony:
Las vegas TUOe or Palute 􀀮􀁌􀁮􀁡􀁾􀁡􀁮􀁳􀀠or tne Las vegas, Nv (Pnase LI as Vegas Indian Colony, Nevada NV Reno-Sparks Col.ony: Reno-Sparks Indlan Colony, Nevada IRena, NV I enase ,
I OK 􀁾􀁳􀁡􀁧􀁥􀀠Reservatlon (pt.): Osage Natl.On a UK, a oma uLSa, UK (Pnase II UK 􀁾􀁳􀁥􀁮􀁴􀁥􀁥􀀠􀀺􀀻􀁮􀁡􀁷􀁮􀁥􀁥􀀭􀁣􀁾􀁴􀁬􀁺􀁥􀁮􀁳􀀠Band or Potawatoml TJSA .(pt.): Oklahoma City,
OK 􀁾􀁳􀁥􀁮􀁴􀁥􀁥􀀭􀁓􀁨􀁡􀁷􀁮􀁥􀁥􀀠Tribe of Indians of Oklahoma; Citizen (Phase I) Potawatorni Nation, Oklahoma OK 􀁾􀁨􀁥􀁲􀁯􀁫􀁥􀁥􀀠'J'JSA 􀁾􀀠􀁾􀁰􀁴􀀮􀀩􀀺􀀠Cherokee Natlon of OKlahoma;
Unlted Fe. :>mLtn, AR;)uK; Keetoowah Band of Cherokee Indians of Oklahoma Tulsa, OK (Phase I) OK 􀁾􀁮􀁥􀁹􀁥􀁮􀁮􀁥􀀭􀁁􀁲􀁡􀁰􀁡􀁮􀁯􀀠TJ:>A (pt.): Cheyenne-Arapaho 􀁔􀁲􀁾􀁢􀁥􀁳􀀠of: Oklahoma
Clty, UK pklahoma (Phase I) uK Lnoctaw '!'JSA Ipt.): Cnoctaw Natlon ot OKlanoma Ft. 􀁓􀁭􀁾􀁴􀁨􀀬􀀠ARWK (Phase Il OK Greek TJSA (pt.): Alabama Quassarte Tribal Town of the Tulsa, OK (Phase
I) Greek Nation of Oklahoma; Kialegee Tribal Town of the Creek Indian Nation of Oklahoma; Muscogee (Creek) Nation of Oklahoma; Thlopthlocco Tribal Town of the Creek Nation of Oklahoma
uK KLowa-Comancne-Apacne-Ft. 􀁓􀁾􀁬􀁬􀀠Apacne: Apacne 􀁔􀁲􀁾􀁢􀁥􀁥􀀠ot Lawton, OK Oklahoma; Comanche Indian Tribe, Oklahoma; Fort Sill Apache Tribe of Oklahoma; Kiowa Indian Tribe of
Oklahoma 1 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 Urbanized AreaAmerican :Indian AreaStat.. TX Ysl.eta del. Sur Reservat1on: ¥sl.eta Del. :;ur Pueol.o or Texas
'1:0.1 Paso, TX:'NM (<'hase I) WA 􀁾􀁕􀁃􀁬􀀼􀀮􀁌􀁥􀁳􀁮􀁯􀁯􀁴􀀠Reservat10n ana TrUS1: Lanas .iPt. I: Mucklesnoot Seattle, wA i!;naSe II Indian Tribe of the Mucklsshoot Reservation wA
Puyallup Reservat10n and Trust Lands (pt.): puyal.l.Up Tr10e ,'I'acoma, Wi\. (PhaSe I) of the Puyallup Reservation, WA Wi\. yaKlma Reservat10n (pt.l: <.;onreaeratea Tr10es ana Banas
or anma, Wi\. the Yakama Indian Nation of the Yakama Reservation, WA W: neida West pt.) : Oneida Tribe ot 􀁗􀁾􀁳􀁣􀁯􀁮􀁳􀁌􀁮􀀠Green Bav, WI PleaSE!! Note: "(pt.)" indicates that the
American Indian Area (AlA) listed is only partially located within the referenced urbanized area. The first line under uAmerican Indian Arean is the name of the federally-recognized
reservation/colony/rancheria or trust land as it appears in the Bureau of the Census data. After this first line, the names of the tribes included in the AlA are listed as they appear
in the Bureau of Indian Affairs' list of Federally Recognized Indian Tribes. [Federal Register: Nov.13, 1996, Vol.66, No.220, pgs. 58211-58216J "TJSAs" are Tribal Jurisdiction Statistical
Areas in Oklahoma that are defined in conjunction with the federally-recognized tribes in Oklahoma who have definite land areas under their jurisdiction, but do not have reservation
status. "(Phase I)" indicates that the referenced urbanized area includes a medium or large MS4 currently regulated under the existing NPDES storm water program (i.e., Phase I). Any
Tribally operated MS4 within these such urban areas would not automatically have been covered under Phase If however. Sources: Michael Ratcliffe, Geographic Concepts Division, Bureau
of the Census, U.S. Department of Commerce. 1990 Census of Population and Housing, Summary Population and Rousing Characteristics, United States. Tables 9 & 10. [1990 CPR-I-I]. Bureau
of the Census, U.S. Department of Commerce. [NOTE TO FR -insert Appendix 2 here] 2 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 APPENDIX 3 TO THE PREAMBLE -URBANIZED AREAS OF THE UNITED STATES AND PUERTO RICO (Source: 1990 Census of Population
and Housing, U.S. Bureau of the Census -This list is subject to change with the Decennial Census) ALABAMA Anniston Auburn-Opelika Birmingham Columbus, GA-AL Decatur Dothan Florence Gadsden
Huntsville Mobile Montgomery Tuscaloosa ALASKA Anchorage ARIZONA Phoenix Tucson Yuma, AZ-CA ARKANSAS Fayetteville-Springdale Fort Smith, AR-OK Little Rock-North Little Rock Memphis,
TN-AR-MS Pine Bluff Texarkana, AR-TX CALIFORNIA Antioch-Pittsburgh Bakersfield Chico Davis Fairfield Fresno Hemet-San Jacinto 1 
Storm Water Phase II 􀁆􀁩􀁮􀁡􀁾􀀠􀁒􀁵􀁾􀁥􀀠􀁐􀁲􀁥􀀭􀁆􀁇􀁤􀁇􀁲􀁾􀀠Register Version Oct. 29, 1999 Chattanooga, TN-GA Clarksville, TN-KY Jackson Johnson City Kingsport, TN-VA Knoxville
Memphis, TN-AR-MS Nashville TEXAS Abilene Amarillo Austin Beaumont Brownsville Bryan-College Station Corpus Christi Dallas-Fort Worth Denton 81 Paso, TX-NM Galveston Harlingen Houston
Killeen Laredo Lewisville Longview Lubbock MCAllen-Edinburg-Mission Midland Odessa Port Arthur San Angelo San Antonio Sherman-Denison Temple Texarkana, TX-Texarkana, AR Texas City Tyler
Victoria Waco Wichita Falls UTAH Logan Ogden Provo-Orem 11 
United States Environmental Protection Agency Form Approved OMB No. 2040·0211 NPDES &EPA Washington, DC 20460 FORM NO EXPOSURE CERTIFICATION for Exclusion from3510·11 i NPDES Storm Water
Permitting . Submission of this No Exposure Certification constitutes notice that the entily identined In Section A does not require permU authorizaTIon for Its storm waler discharges
associated with Industrial actMty in the State identified in Section 8 under EPA's Storm Water Mum-Sector General Permit due to the existence of a condition of no exposure. A condition
01 no exposure exists at an industrial facility When all industrial malerlals and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt,andlor runoff. Industrial materials or activities includs, but are not limited to, material handling equipment or activities, industrial machlnery. raw materials, intermediate products,
by-products, final products. or waste products. Material handling activities Include the storage, loading and unfoading, transportation, or conveyance of any raw material, intermediate
productt tinal product or waste product. A storm resistant shelter Is not requlred tor the following industrial materials and activities: -drums, barrals. tanks, and similar containers
that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means banded or otherwise secured and without operational taps or valves; -adequately
maintained vehicles used in material handllngi and -final products, other than products that would be mobilized in storm water discharges (e.g., rock salt). A No Exposure CertiftCation
must be provided 10r each facility qualifying fOT the no exposure exclusion. In addition, the exclusion from NPDES permitting is availabfe on a faCility-wide basis only, not for individual
outfalls. If any industrial activities or materials are or will be exposed 10 precipitation. the iacility Is not eligible for the no exposure exclusion. By signing and submitting this
No Exposur. Certlflcation form, Ihe enlily in Sectlon A Is certifying Ihat a condition of no exposure exlsls at Its fadlily or site, and Is obligated to comply with the terms and conditions
of 40 CFR 122.26(9). ALL INFORMATION MUST BE PROVIDED ON THIS FORM. Detailed Instruction. lor complellng this form and obtaining the no exposure exclualon are provided on pages 3 and
4. A. Facility Operator Informalion 1. Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. Phone: I I I I I I I I I I I 3. Mailing Address: a. Sireet: I I I I I I I
I I I I I I I I I I I I I I I I I I I I I I I I I , b. City: I I I I I I I I I I I I I I I I I I I I I I I c. Slate: LLJ d. Zip Code: I I I I I I-I I I I I B. Facility/Site Location
Information 1. Facility Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. S. Street Address: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I b.
City: I I I I I I I I I I I I I I I I I I I I I I I I c. COunty: I I I I I I I I I I I d. State: LLJ e.ZlpCode: I I I I I I I-I I I I I 3. Is the faclllly located on Indian Lands? YasD
NoD 4. Is Ihis a Federal facility? YesD NoD 5. a. Latitude: LLJ ' LLJ ' L.LJ' b. Longilude: I I I !'L.U ' LLJ . 6. a. Was the lacllily or site previously covered under an NPDES storm
water permlfl Yes D NoD b. II yes, anter NPDES permll number: . 7. SICIActIvlIyCOdes: Primary: I I I I I Secondary (il applicable): I I I I I B. Total size of site associated with industrial
activity: acres 9. a. Have you paved or roofed over a former1y exposed, pervious area In order to qualify for the no exposure exclusion? YesD No D b. If yes, please indicate approximately
how much area was paved or roofed over. Complellng this quesllon does not disqualify you for tha no exposura exclusion. However, your permitting authority may use this information in
considering whether storm water discharges from your site are likely 10 have an adverse impact on water quality, in which case you could be required to obtain permit coverage. Lass than
ona acre D One to five acres 0 More than fNa' acres 0 EPA Form 3510·11 (10·99) Page 1 of 4 
Fo.rm ApprovedNPDES Instructions for the NO EXPOSURE CERTIFICATION for OMS No. 2040-0211FORM 351(1..11 oEPA Exclusion from NPDES Storm Water Permitting Who. May File a No. Exposure Certlflcallon
Federat law at 40 CFR Part 122.26 prohibits point source discharges of storm water associated with indus1rial activity 10 waters of the U,S. without a National PoIIu1ant DIscI1arge Elimination
System (NPDES) permit. However, NPOES permit coverage is not required for discharges of storm water associated with induslrial activities Identilled at 40 CFR 122.26(b)(14)(1)(ix) and
(xl) if the discharger can certIty that a condition of uno exposure" exists at the industrial facility or site, Storm water discharges from construction activilfes IdentIfied In 40 CFR
122.26(b)(14)(x) and (b)(15) are nO! eligible lor the no. exposure excluslo.n. Obtaining and Maintaining tho No Expo.sure Excluslo.n This form IS used to certify that a condition 01
no exposure exists at the Industrial facility er sHe described herein. This certification Is only applicable in jurisdictions where EPA Is the NPDES permiffing authority and must be
re-submiHed at least once every five years. The industrial facility operator must maintain a condition 01 no exposure at lIS facility or site in eroer for 1I1e no exposure exclusion
10 remain sppllceble. It condillons change resulting in the exposure of materials and activities to storm water. the facility operator must obtain coverage under an NPOES storm water
permit immediately. Where to File the No Exposure CertIfication Form Mail the completed no exposure certification form 10: Stonn Water No Exposure CertHication (4203) USEPA 401 M Street,
SW Washinglen, D.C. 20460 Completing tho Form You must type or print, using uppercase leHers, !n appropriate areas only. Enter only one character per space (Le., between the marks).
Abbreviate if necessary to stay within the number of characters allowed for each item. Use one space for breaks between words. One form must be compJe1ed for each fatUity or site for
which you are seeking to certity a condition of no exposure. AddUional guidance on completing this form can be accessed through EPA's web site at www.epa.gov/owmlsw. Please make sure
you have addressed all applicable questions and have made a photocopy for your records before sending the completed form to the above address. Section A. Facility Operator Information
1. Provide 'the legal name oJlhe person. firm, public organization, or any other entlty that o.perates \he facility er sile described in !hIs certification. The name of the operator
mayor may not be the same as the name of the facility. The operator is the legal entity that controls the facility's operation, rather than the plant or site manager. 2. Provide the
telephone number of the facility operator. 3. Provide the mailing address 0.1 the operator (P.O. Sox numbers may be used), Include the dty, slate, and zip code. All correspondence will
be sent to thiS address. Section B. FacllltylSite Lo.catlo.n Informatio.n 1. Enter the officiat or legal name 0.1 the facility Dr site. 2. Enter the complete street address (it no street
address exists, provide a geographic description [e.g., Intersection of Routes 9 and 55]), city, county. state, and zip code. Do not use a P.O. Box number. 3. tndicate whether the facll1ty
is located on Indian Lands. 4. Indicate whether the industrial facility Is operated by a department or agency 01 the Federal Government (see also Section 313 ot the Clean Water AeI).
5. Enter the lalilude and 􀁬􀁯􀁮􀁧􀁾􀁵􀁤􀁥􀀠of the approXimate center ef Ihe facilHy or Site in degrees/minutes/seconds. Latitude and longitude can be o.btained frem United Slates Geelo.glcal
Survey (USGS) quadrangle Dr topographic maps, by calling 1-(888) ASK-USGS, or by accessing EPA's web site at 􀁨􀁴􀁴􀁰􀀺􀀯􀀯􀁗􀁜􀁗􀁉􀀮􀁥􀁰􀁡􀀮􀁧􀁯􀁶􀀯􀁯􀁷􀁭􀀯􀁳􀁷􀁊􀁩􀁮􀁤􀁵􀁳􀁴􀁲􀁹􀁊􀁩􀁾􀁥􀁸􀀮􀁨􀁴􀁭􀀠
and selecting latitude and longitude Finders under the ResourceslPermit section. t.etitude and Io.ngitude jor a facility In declmallorm must be cenverted 10 degrees (0). minutes ('),
and seconds (-) for proper entry on the certification form. To convert decimal latitude or longitude to degreestminuteslseconds, follow the steps in the following example. Exampte: Convert
decimallafltude 45.123456710 degrees ("), minules ('), and seconds ('). a) The numbers to the leff of the deCimal point are the degrees: 45"'". b) To eblaln minutes, multiply tha first
feur numbers to the right o.f the decimal point by 0,006: 1234 x 0.006 = 7.404. c) The numbers to the teft of the dedmal point In the result obtained In (b) are the minutes: 7'. d) To
obtain seconds, multiply the remaining three numbers 10 the right 0.1 the decimal from the resull o.btalned In (b) by 0.06: 404 x 0.06 = 24.24. Since the numbers to the right of Ihe
decimal poInt are not used, the result is 24-. e) 1!1e cenversio.n lor 45.1234567 =45' 7' 24'. 6. Indicate whether the facility was preViously covered under an NPDES storm water permit.
11 so, include the permit number. 7. Enter the 4-digit SIC code which identmes 1he facility's primary primary activity, and second 4-dlgif SIC code identitylng Ihe facilHy's seco.ndary
aellvlty, il applicable. SIC codes can be obtelned from the Slandard Induslrlal ClasslflCSUon Manual, 1987. . 8. Enter the total size of the site associated with industrial activity
in acres. Acreage may be determined by dividing square footage by 43,560, as demonstrated in the following example. Example: Convert 54,450 "2 to acres Divide 54,450 ft2 by 43,560 squareleel
per acre: 54,450 ft2 + 43,560 f!2/acre = 1.25 acres. 9. Check "Yes" oraNo" as appropriate to indicate whether you have paved or roofed over a formerly exposed, pervious area (i.e., lawn.
meadow, dirt or gravel road/parking lot) in erder to qualify fer no. exposure, If yes, also indicate approximately how much area was paved or roofed over and ;s now impervious area,
EPA Fo.rm 3510-11 (10-99) Page 3 0.14 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oot. 29, 1999 APPENDIX 5 TO PREAMBLE-REGULATORY FLEXIBILITY FOR SMALL ENTITIES A. Regulatory Flexibility for Small Municipal
Storm Sewer Systems (MS4s) Different Compliance, Reporting, or Timetables that are Responsive to Resources of Small Entities NPDES permitting authorities can issue general permits instead
of requiring individual permits. This flexibility avoids the high application costs and administrative burden associated with individual permits. NPDES permitting authorities can specify
a time period of up to five years for small MS4s to fully develop and implement their program Analytic monitoring is not required. After the first permit term and subsequent permit terms,
submittal of a summary report is only required in years two and four (Phase I municipalities are currently required to submit a detailed report each year) • A brief reporting format
is encouraged to facilitate compiling and analyzing data from submitted reports. EPA intends to develop a model form for this purpose. NPDES Permitting Authorities can phase in permit
coverage for small MS4s serving jurisdictions with a population under 10,000 on a schedule consistent with a State watershed permitting approach. Clarifying, Consolidating, or Simplifying
Compliance and Reporting Requirements The rule avoids duplication in permit requirements by allowing NPDES permitting authorities to include permit conditions that direct an MS4 to follow
the requirements of a qualifying local program rather than the requirements of a m2n1mum measure. Compliance with these programs is considered compliance with the NPDES general permit.
The rule allows NPDES permitting authorities to recognize existing responsibilities among different municipal entities to satisfy obligations for the minimum control measures. A further
alternative allows a small MS4 to satisfy its NPDES permit obligations if another governmental entity is already implementing a minimum control measure in the jurisdiction of the small
MS4. The following conditions must be met: 1. The other entity is implementing the control measure, 1 
Storm Water Phase II Final 􀁒􀁵􀁾􀁥􀀠-􀁐􀁲􀁥􀀭􀁆􀁥􀁤􀁥􀁲􀁡􀁾􀀠Register Version Oct. 29, 􀁾􀀹􀀹􀀹􀀠located within an urbanized area and serving a population less than 1,000 people where
the permitting authority has determined the MS4 is not contributing substantially to the pollutant loadings of an interconnected MS4 and, if the MS4 discharges pollutants that have been
identified as a cause of impairment in the receiving water of the MS4 then the permitting authority has determined that storm water controls are not needed based on a TMDL that addresses
the pollutants of concern. The rule allows the permitting authority to waive from coverage MS4s serving a population under 10,000 where the permitting authority has evaluated all waters
that receive a discharge from the MS4 and the permitting authority has determined that storm water controls are not needed based on a TMDL that addresses the pollutants of concern and
future discharges do not have the potential to result in exceedances of water quality standards. B. Reaulatory Flexibility for Small Construction Activities Different Compliance, Reporting,
or Timetables that are Responsive to Resources of Small Entities The rule gives NPDES permitting authorities discretion not to require the submittal of a notice of intent (NOI) for coverage
under a NPDES general permit, thereby reducing administrative and financial burden. All construction sites disturbing greater than 5 acres must submit an NOI. Clarifying, Consolidating,
or Simplifying Compliance and Reporting Requirements The rule avoids duplication by allowing the NPDES permitting authority to incorporate by reference State, Tribal, or local programs
under a NPDES general permit. Compliance with these programs is considered compliance with the NPDES general permit. Performance Rather than Design Standards for Small Entities The operator
of a covered construction activity selects and implement the BMPs most appropriate for the construction site based on the operator's storm water pollution prevention plan. Waivers for
Small Entities from Coverage Waivers could be granted based on the use of a rainfall erosivity factor or a comprehensive analysis of water quality impacts. 3 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 APPENDIX 6 OF PREAMBLE -GOVERNMENTAL ENTITIES LOCATED FULLY OR PARTIALLY WITHIN AN URBANIZED AREA (This is
a reference list only, 􀁾a list of all operators of small MS4s subject to §§ 122.32-122.36. For example, a listed governmental entity is only regulated if it operates a small MS4 within
an "urbanized area" boundary as determined by the Bureau of the Census. Furthermore, entities such as military bases, large hospitals, prison complexes, universities, sewer districts,
and highway departments that operate a small MS4 within an urbanized area are also subject to the permitting regulations but are not individually listed here. See § 122.26(b) (16) for
the definition of a small MS4 and § 122.32(a) for the definition of a regulated small MS4.) (Source: 1990 Census of Population and Housing, U.S. Bureau of the Census. This list is subject
to change with the Decennial Census) AL Anniston city AL Attalla city AL Auburn city AL Autauga County AL Blue Mountain town AL Calhoun County AL Colbert County AL Dale County AL Decatur
city AL Dothan city AL Elmore County AL Etowah County AL Flint City town AL Florence city AL Gadsden city AL Glencoe City AL Grimes town AL Hartselle city AL Hobson City town AL Hokes
Bluff city AL Houston County AL Kinsey town AL Lauderdale County AL Lee County AL Limestone County AL Madison County AL Midland City town 1 
storm Water Phase II Final Rule -Pre-Federal Register Version Oot. 29, 1999 TX Bunker Hill Village city TX Cameron County TX Carrollton city TX Castle Hills city TX Cedar Hill city TX
Cedar Park city TX Chambers County TX Cibolo city TX Clear Lake Shores city TX Clint town TX Cockrell Hill city TX College Station city TX Colleyville city TX Collin County TX Comal
County TX Combes town TX Converse city TX Copperas Cove city TX Corinth town TX Coryell County TX Crowley city TX Dallas County TX Dalworthington Gardens TX Deer Park city TX Denison
city TX Denton city TX Denton County TX DeSoto city TX Dickinson city TX Donna city TX Double Oak town TX Duncanville city TX Ector County TX Edgecliff village TX Edinburg city TX El
Lago city TX EI Paso County TX Ellis County TX Euless city TX Everman city TX Farmers Branch city TX Flower Mound town TX Forest Hill city TX Fort Bend County TX Friendswood city TX
Galena Park city TX Galveston city city 98 
Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 TX Lakeside town TX Lampasas County TX Lancaster city TX League City city TX Leander city TX Leon Valley city
TX Lewisville city TX Live Oak city TX Longview city TX Lubbock County TX Lumberton city TX Martin County TX McAllen city TX McLennan county TX Meadows city TX Midland city TX Midland
County TX Mission city TX Missouri City city TX Montgomery County TX Morgan's Point city TX Nash city TX Nassau Bay city TX Nederland city TX Nolanville city TX North Richland Hills
city TX Northcrest town TX Nueces County TX Odessa city TX Olmos Park city TX Palm Valley town TX Palmview city TX Pantego town TX Parker County TX Pearland city TX Pflugerville city
TX Pharr city TX Piney Point Village city TX Port Arthur city TX Port Neches city TX Portland city TX Potter County TX Primera town TX Randall County TX Richardson city TX Richland Hills
city TX River Oaks city 100 
Storm Water Phase !I Final Rule -pre-Federal Register Version Oct. 29, 1999 TX Webb County TX Webster city TX Weslaco city TX West Lake Hills city TX West Oniversity Place city TX Westover
Hills town TX Westworth village TX White Oak city TX White Settlement city TX Wichita County TX Wichita Falls city TX Williamson County TX Wilmer city TX Windcrest city TX Woodway city
UT American Fork city UT Bluffdale city UT Bountiful city UT Cache County UT Cedar Hills town OT Centerville city OT Clearfield city UT Clinton city UT Davis County UT Draper city OT
Farmington city UT Farr West city UT Fruit Heights city UT Harrisville city UT Highland city UT Hyde Park city OT Kaysville city OT Layton city UT Lehi city OT Lindon city UT Logan city
UT Mapleton city UT Midvale city UT Millville city UT Murray city UT North Logan city UT North Ogden city OT North Salt Lake city UT Ogden city UT Orem city UT Pleasant Grove city 102

Storm Water Phase II Final Rule -Pre-Federal Register Version Oct. 29, 1999 APPENDIX 7 OF PREAMBLE -GOVERNMENTAL ENTITIES (LOCATED OUTSIDE OF AN URBANIZED AREA) THAT MUST BE EXAMINED
BY THE NPDES PERMITTING AUTHORITY FOR POTENTIAL DESIGNATION UNDER § 123.35(b) (2) (All listed entities have a population of at least 10,000 and a population density of at least 1,000.
A listed entity would only be potentially designated if it operates a small MS4. See § 122.26(b) (16) for the definition of a small MS4.) (This list does not include all operators of
small MS4s that may be designated by the NPDES permitting authority. Operators of small MS4s in areas with populations below 10,000 and densities below 1,000 may also be designated but
examination of them is not required. Also, entities such as military bases, large hospitals, prison complexes, universities, sewer districts, and highway departments that operate a small
MS4 in an area listed here, or in an area otherwise designated by the NPDES permitting authority, may be designated and become subject to permitting regulations.) (Source: 1990 Census
of Population and Housing, U.S. Bureau of the Census. This list is subject to change with the Decennial Census) AL Daphne city AL Jacksonville city AL Selma city AR Arkadelphia city
AR Benton city AR Blytheville city AR Conway city AR El Dorado city AR Hot Springs city AR Magnolia city AR Rogers city AR Searcy city AR Stuttgart city AZ Douglas city CA Arcata city
CA Arroyo Grande city CA Atwater city CA Auburn city CA Banning city CA Brawley city I 
Storm Water Phase II F1na1 Rule -Pre-Federal Register Version Oot. 29, 1999 TX Hereford city TX Huntsville city TX Jacksonville city TX Kerrville city TX Kingsville city TX Lake Jackson
city TX Lamesa city TX Levelland city TX Lufkin city TX Mercedes city TX Mineral Wells city TX Mount Pleasant city TX Nacogdoches city TX New Braunfels city TX Palestine city TX Pampa
city TX Pecos city TX Plainview city TX Port Lavaca city TX Robstown city TX Rosenberg city TX Round Rock city TX San Marcos city TX Seguin city TX Snyder city TX Stephenville city TX
Sweetwater city TX Taylor city TX The Colony city TX Uvalde city TX Vernon city TX Vidor city UT Brigham City city UT Cedar City city UT Spanish Fork city UT Tooele city VA Blacksburg
town VA Christiansburg town VA Front Royal town VA Harrisonburg city VA Leesburg town VA Martinsville city VA Radford city VA Staunton city VA Waynesboro city 13 
n .-n s i 9 h t For more information, contact. .APWA Washington office at 202-393-2792 EPA to standardize stormwater controls for construction By Stephanie Osoorn APWA Washington Office
The U.S. Environmental Protection Agency has announced that it will promulgate a new rule under the Clean Water Act, catled an "effiuent guideline," to regulate stonnwater discharges
from construction and development 􀁡􀁣􀁴􀁩􀁶􀁩􀁾􀀠ties. The rute would apply to the public and private sectors. The regulation is called Effluent Guidetines for the Construction and
Development !ndustry, and the vehicle for implementing it is NPDES stormwat_r permits for construction. EPA says the effiuent guidelines would not. affect municipal separate storm sewer
• system (MS4) permilS. However, local governments are responsible for overseeing the construction and development activities of the private sector and for acquiring individual stormwater
permits for their own construction activities. Under phase I ofthe federal stonnwater program, construction disturbing more than five acres requires a permit; phase IIis exeected to
decrease that threshold 10 one acre. The current rulemaking timetable requires publication ofa proposed rule for the effiuent g,idelines in December 2000 and a final rule in December
2002. pursuant to deadlines outlined in a consent decree under which EPA plans to issue the regulations. EPA says it intends for the guidelines to be OSHA to propose ergonomics rule
By Stephanie Osborn and Dale Crandell APWASmff T be Occupational Safety and Health Administration plans to propnse new ergonomics rules, which will require employers to protect workers
against .range ofworkplace injuries that result from repetitive motion and other physical job requirements. The regulations are likely to affect a broad range ofpublic works activities.
A proposed rule is expected for public comment this September. Ergonomics is defined as the science of fitting a job to a worker. Injuries resulting from jobs with poor ergonomic design
are called work-related musculoskeletal disorders such as carpal tunnel syndrome. Federal OSHA regulations are limited to the private sector, but local governments are often expected
to comply, either as a result of goodwill or contract agreements with labor, or by mandate from one of the 25 states with delegated authority over worker health and safety issues. As
drafted, the ergonomics rule proposes to sequentially add different workplace occupations over time, focusing first on indusi a tries representing the largest source of WMSD problems.
The initial rule would R cover three types of employers: manufac􀁾􀁬􀀠turing operations, manual-handling operaM , ' tions, and "other jobs in general industry where there is a demonstrated
problem," For public works, this initial group po6 tentially includes anything from solid waste collection, water/wastewater plant operations, transit operation, and a variety of maintenance
functions-street and traffic, roadway, stormwater systems, vehiclel equipment. parks and grounds, and facilities. The construction industry is specifically exempted from this initial
phase. Unique to this rule, ergonomics requirements for employers would be triggered ordy after an WMSD incident occurs and is repnrted. The intent is for requiremenlS to be site-specific
and job-specific, meaning an organization would only identify ergonomic needs for jobs and locations wbere an actu.1 incident or problem exlsts. According to the draft rule, the elemenlS
of an organization's ergonomics program would be: (I) management leadership and employee participation; (2) hazard identification and infonnation; (3)jobhazard analysis and control;
(4) training; (5) medical management; and (6) program evaluation. The last four would be required only if a WMSD incident had been reported. The full text of the proposed rule, along
with a descriptive summary, is available on OSHA's web site at: http;/lwww.oshasic.gov/SIIClergonomicsfmdex.html. APWA members wishing to be alerted wben the proposed rule is issuad
and/or participate in a review and comment effort, contact Dale Crandell, 816-472-6100, dcrandell@apwa.net, or Stephanie Osborn, 202-393-2792,sosborn@apwa.net.• APWA REPORTER "very prescriptiveII'
in nature. containing performance standards above and beyond current NPDES permit requiremenlS. As a result, the rulemaking process is likely to be technically rigorous and could take
as . long as five or six years to complete. The agency has requested a two-year extension to the deadlines but is not certain whether that extension will be granted. EPA held an initial
public meeting to discuss the rulemakingApri120, 1999, in Washington, D.C. The following are impnrtant poinlS from the meeting. • Effluent guidelines are tecbnologybased slanderds, historically
promulgated in the form of end-ofpipe limilS. EPA intends for this regulation to be in the form of detailed performance standards for best management practices; however, they have not
ruled out the imposition of end-of-pipe limits. • EPA's intended approach is to collect information and performance dsta on the best erosion and sediment control practices for construction
and development and then base the effluent guidelines on those practices and "raise the bar" for national programs. • EPA will be evaluating pollutioncontrol practices for conventional
and toxic pollutants. They will evaluate the ''treatability'' of the wastewater stream. It is not clear at this point whether the agency could require treatment of stormwater. • Regarding
pnst-development, EPA may include performance standards related to low-impact development, e.g., new-development site design. fugeted practices include reducing impervious surface area;
preserving stream buffers, narurai wetlands and riparian corridors; limiting disturbance of soil and vegetation; and maintaining the natural infiltrative capacity of an area. As the
rulemaking moves forward, members may provide technical input and influence the final product. For more information, contact: Eric Strassler at EPA at 202260-7150 or strassler.eric@epa.gov.Orvisit
the website: www.epa.govIOST/guideiconstnIction.• 
noi224.pdf at www.epa.gov Page 1 of2 THIS FORM REPI.PCES PREVIOUS FORM 351().6 (8-S8) Forln Approved. OMS NQ 20«:).0188 : See Re/efSe for Instructions Unltedstal!es ErMrormedai Prol.eclion
􀁾􀁄􀁪􀀠NPDES 'N!stIng:on, DC 20460 FORM Notice of Intent (NOI) tor Storm Water Discharges Associated with&EPA CONSTRUCTION ACTIVITY Under a NPDES General Permit S!.bmssfon of ttis !'klUre
c4 Intert coostnties naticethat th? pilrty ioomified in Section I d ttJs form llien;ts to be authorized bf a NPCES perrm i5S.Jed rors/:orm water dmharg:!s associated wth constrwtion
adMty in the SatelIndan Countiy um:l identified in Section 11 ofthis form Swrrisslon of this Notice d Irtert also constitlies naUcethat the pilrty identified in Section IoftHs form meets
the eigilliity requirements in Part I.B. afire general t:efmlt 􀁾􀁏􀁏􀁵􀁩􀁪􀁲􀁧􀀠th:lse related to protection of eooangered sj:eoes deterrrired tIYOIJft\ the proQ;ldues in Adlench.m
A tl tre gmeral pemvt}, tlooerstands that cortlrued auIlorization to dSi:tlarge is r.:orttrgeri on mairtalfing p;mitefrglblibf, ard that 􀁉􀁾􀁲􀁴􀁡􀁴􀁩􀁯􀁮d !he stormW3ter PoIlttion
Pre.ertion Plan req.ired Lf"der Aut IV of the general permit v.in beg" at !he time tre pem'ittee corrmenceSW«Kontte constn.J::.tion project idertified in Secion II belON. IN ORDER TO
OBT'AlN ftUTHORtZATIQfI.I, ALL INFOOMATlON REQJESTED MUST BE ftQ..UrED ON THIS FORM. SEE INSTRUCTIONS ON BAa< OF FORM. I. ().IInerfQ:.lerator (Applicant) Information Nalre; 1 I I I I
I I I I I I I I I I I I I I I I I I I I I I I I POOna: 1 I I 1 I I 1 I I I I statLe of -:1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ONrerlCperator: 0 City: 1 I
I I I I I I I I I I I I I I I I I I I I I stals: LLJ ZipCcx1e: I I I I I 10 1 I I I I Is tt'e facility located on IndanIt Pl'ojeetJSte lnformation COLiltry Lands? No []Project Name:
I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ""'0 Project ____on:1 I I I I I I I I I I I I I I I 11111 I I I I aly: I I I I I I I I II I I I I I state:LLJ ZipCcde: I
I I I I t81 I I I I LaIrt"",:1I I I I I I lnftftlu"': I I I I I I I I COIlnty:1 I I I I I I I I I I I I I I I I I I I Has tte Bonn Wtier Fblh.i.ioo Prevention Plan (S\I\PPP) been rxepared'l ""'0 NoD CpIiOMI: Adt'ess
til0<3Hond 􀁾􀁲􀁯􀁲􀁶􀁩􀁥􀁭􀁮􀁧􀀠IJ A_,.11 $lotion I ablMl IJ Addre,. i1 $lotion II aIxNe oaher address {If !!naNn] belaN: Prona:􀁾􀁉􀀠I I I I I I I I I I I I I I I I I I I I I I I I
I I I I I I I i I I I 1 I I 1 I I I I ClIy: I I I I I I I I I I I I I I I I I I I I I I st!te: LLJ ZipCcx1e: I I I I I 18 1 I I I I Narre or 􀁒􀁥􀁣􀁥􀁩􀁶􀁩􀁾􀀠Wlter: I I I I I I I I
I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I .."., I>ty ..... Ih:rrth I>ty ..... 􀁅􀁳􀁴􀁩􀁾􀁴􀁥􀁤Q)nstn.ction start Date Es1in1ated Col"I'Petion 􀁾􀁴􀁥􀀠EstitrO,"
ofarea 10 be d.tlrttEd (to "'"te" acre): I I I I I I I Estimate of UkelltllOd of Oscharge (cnoose oriy ona): 1. 0 Urlikely 3. 0 On<:e perweek 5. 0 CorIirvaI 2. 0 C>1ce per morth "0 On<:eperday
III. Certification Based on il1.1>truaion PKNided in Al::Xten6Jm A of the permt, permt, are there anj listed 􀁥􀁾􀁥􀁤or Ihreatef\1d sp:eties, or deslglated cmioal habitat In tt'e pltlject
area? ",.0 NOD I hiM; sall_perml ellgitXIi'Y v.ilh _ttlto proIectioo of erdargJredspecll;o II'loI#l "" _d""""'of_"'3.0.(:1) of !he perrrit (cI»d< one or rrore lx»tss}: (a) 0 (b) 0 Ie)
0 IdJO ! certify' lJ1cter j:E:nalty of law that thrs dootiml!Ot aoo all attactmetts were preP3red 􀁾􀁲nv dlreetlOr! or supervision in acoordaroe with a system ci:!agnad 10 aswre that
qwJifiW pefWr03f p-operfy gatter and eva/!.ate the irformrtioo sul'.'fritted Ba9l;l'Q on tr1f If'tjUiry dthe s;:ersm or p;lf1iDrG v.+to manage His s,rstem, or tl"l:!se persoru; 􀁤􀁩􀁾re5pmsil:ie
for 􀁧􀁡􀁴􀁾􀁲􀁧1he IrtofTl'Stion, the iriofTl'Stion stJ.m1lted is. to I.te best ofmy l<rl::M1edJe and belief, trUl!, accurate, and 􀁾􀁊􀁡􀁴􀁥􀀮􀀠I amaware that that'e ale sJg1lficari
penaJtles for st.i:»11t!il"lg felse irtomliltion, iroh . dirg tte fDtEibility of tine and ir1"lp'iSontnert for !!nCfNirg vIOlatiOns. Print Nama: I I I I I I I I I I I I I I I I I I I
I I I I I I I I I I I I Date: I I I I I I SIgnature: Em. Form3510-S n:;p1aced3510.a {8-98} 7/20/98 8:32:56 AM 
Federal Rt, ier I Vol. 63, No, 1281 Monday. July 6, J8!Notices 36517 1_-EPAForm351O-S Form Approved OMB No, 2040·0188 N_or InIant (NOI) for Stonn water [II$Cha'll"" _elated with&EPA
ConaIrUCllon AcIlvily to be Covered Under a NPDES Pannlt WIt. Must File. Noll..01 Intent Form Under the pro>rislons ollhe CI.... WaterAct. as amended. (33 U,S.C. 1251 et.oeq.; ill.Act).
except as provided by Part I.B.3 the permlt, Federalllilw prohi!>iIs d_esof poIlulanls In storm water fmm c"",,m_ .ctMII.. _eNaIionafPoIumt O!scIla!!le ElimIoa1ionSystamP"",,1t. Oporator(s)
ofoonstruction sites where 5 or mora acres are dlstumad, smaller.sltes that are part of a larger common plan of development or sale where there is a curnufativa distulbance of at feast
5 acres, or any site designated by lhe Director. must submit an NOI to obtaIn ooversg9 under an NPDES Storm watar ConstrucIlon General Pormtl If you have ques1lons about whaiher you
need a pesmit lmdet the NPDES Stonn WaI:8r program, Of it you need Infomlation as to whether a particular program Is administered by EPA or a State agency, write to or telephOne the
Notfca of Intent Procustng Center at (703) 931-3230. WhefetoFiJeNOI Form Nels must be sent to iIIe following addmss: Storm Wat.r Nolk:e Q/Int.nl (4203) USePA 401 M. Str..􀁾􀀠SW Washington,
D.C. 20460 Do not send Storm Water Pollution Prevention Plans (SWPPPs) to the above address. For oven'lighVexpress delvery of NOls, pteasa Include the: room number 21 04 Northeast Mall
and phone number (202) 26()"9541 In the addreS$. When 10 File This form must be fiI.d all.ast 48 hou", before coostrucUon begins. Completing tho Fonn OBTAIN AND READ A COPY OFniEAPPROI'AWe
EPA STORM WJ(!1!RCONSTFIUOTION GeNeRAl peRMIT FOR YOUR AReA. To compIele this tOnTI, 􀁴􀁹􀁾􀀠or print" using uppercase tatters. In the appropriate areas only. Pl.... place .ach character
betw.en the marks (chbroviOle If necessary tIl stay wfthin the number of chaJadem allowed for each Item), Use one space for 'breaks between wordsl but not for puncruation rnru'ke unless
they are needed to darify your rasponse. If you have any questions on this form, can the Notice 01 Intent PrOC8S8ing Center at (703) 931-3230. SeC\lon I. Faollity o..ne,lOporaIO< (Applicant)
Infonmallon PrcMde the legel name, mailing address, and telephone numb61 of the person. firm. puIlIlo organi<alion. or any oth.r enlily lIIaI me.t Olther of the following 1wo criteria:
(1) they have _",lIonai control ovar construCllon p/!IIlS and speoIIi<:aIIons. including ill.ability to .-.modlllcatlons to !hose plans and spedlica1loos; or (;!) they havelhe deyoto-day
operallonal.:ontr<llof __.saltha projo<t """""""'Ybensuro oompIIanca wfIh swppp requirements or other permft condftIons. Each person that meets either of them crlt91ia must file this
bm. 00 not use a colloquia! nama. CofTBSP011" dance for!he pannlt will b ...nib!his addrass. Enter the appropria1e leiter to Indloate the lagal staIUS of the """",r/operalOr of the project:
F 􀁾􀀠Federal; S 􀁾􀀠State; M -Public (other than federal 0' s1a1e); P _ Privata. Section Section IL PfoIocIISita Informllllon EnlGr the official or 􀁾name and compl.t. streetaddnl ...
lnctudlng city,counly, _. zip oed., and phon. numb., 0/the JIIOIecI or llito. 1/It lac1<s a streetaddr_, Indicate witI a general statement the location of the Site (e.g., Intersection
0/SlIIte Highways 61 and 34). complete stte Information must b. provided for parmI coverage to be granled. Tho applicant must also providalhe latitud. and longitude 01 the lacHily In
degrees, mInutes, and .s8COl'ld.6 to the nearest 16 seconds. The latitude and longlhlde of your facility can be k>caled on USGS q...drangle maps.OUedrangi. maps can be obtained by calrong
1-800 USAMAPS. Longitud. and latitude may mso be 􀁯􀁢􀁴􀁾􀁮􀁥􀁤􀀠at the Census Bureau Internet site: http'1Iwww.C<II1Sus.gov/cgl-binlgezatIG.r. Latitude and longitude tor a facility
In decImal form must be converted to degr..., min",", and seconds for proper en1Jy on th. NOI fonn. To C1lJIV8rt declrnallatitude or longitude to degreu, minutes, and seconds, follow
the steps In ilia following example, Convart declmailelilUdo 45.1234567 to degrees, minutes, and seconds. 􀁾􀁬􀀠The numbers to 'the leftot the decimm point are degrees. To ob1a1n minutes.
multiply the first four numbers to the right 01 the dedmal poinl by 0.006. 1234 x .006 = 7.404. 3) The numbers to the left of the decimal point In the resutt obtained in step 2 ....
th.mlnut..: 7', 4) To obtain seconds, multiply the remaining three numbers to the right Of th. declmal'rom the resuH In step 2 by 0.06: 404 x 0.06 =24.24. Sinc& the numbers to the right
of the decimal pofnl are nol used, the rQSutt IS 24'. 5) The conver:s/on for 45.1234 = 45" 7' 24-. Indrcate whether the prqect Is on Indian Country Uinds.. Indlcatolf the Storm Waler
Pollution Prevention Plan (SWPPP) has been davoloped. ReI.r to Pert IV of th. genera pennlilor infom1aIIon on SWPPPs. To be eUglble brcoverage, a SWPPP must have been prepared Optional:
Provldothe eddrass and phone number whare th. SWPPP can be viewed" dlllereni fmm add...... previously given. Check approp_ bex. Enter the name of the ctosest: water body which recelves
the project's construction storm water d!scharge. Ente,th..._ed__....and compIoIIon dales using four digits forlhe 􀁾􀀢􀀢􀁏􀀮􀁥􀀮􀀠􀀰􀀵􀁬􀀲􀀷􀀯􀀱􀁟􀁾􀀠 enter the eetimaled .rea to be
disturbed Including but not HmI!od 10: grubbing. excavation, gradlng, and utilities and Infiaslruclure Installation. Indicate to 1:he nearest acre; it lass than 1 acre, enter ....,"
Note; 1 acre= 43,560 sq. ft. Indicate )IOIIr best ostimala Q/the Hkelihood of storm wafs, dlscharges from the proj.ct. EPA ,_nl...lbol actual dl_fIles may differ from this es1tmate due
to unforeseen or chance droumstances. Indicate If there are any listed endangered or threatened specJes, or designallld udUoai habitat in tho ",<>Iocta.... Ind_ which Part of ilia pennlt
thot tile applicant Is eligible with ,egard to protection of endangered or threatened species. or d8slgnatad criticaJ habllaf. Seollotr m. Cer1lflcllllon Federal_proVIde for ......re
penalti..for subn>tting tting false Infol111Olion on IhIs appllca«on form. Fedend regula«o" requl... !hIs application to b. signed aslollows: For a corporation: by a responsible corporate
officer, which means: (J) president. secretary, treasurer. or vlee president of the corporation In char:ge of aprincipal business function. or any other person who performs similar policy
or decision making functions, or 􀁾􀁩􀀩􀀠the manager of one or mom rnanufaetullng, productIoo, orope",6ng /edli\ies el1lj)Ioying mora than 250 persons or havlng gl'OGG annual sales or
expenditures exceeding $25 mlJlIon (In _.quarter 1980 dollars), Hauthorily to sign documenls has been assigned or delegated to the manager In acCOfdance with corporate proceduresj For.
per1nerehlp 0(_ pmpriatorotlp: by a ge"""" p..-Q/the proprietor. or For a munlclpallly, s1a1e. federal. 0( oIher public IacIIIty: by either. OI1no1pa1 executive or ranking el_official.
An unsigned or undated NOlinrm will not be granted permit cowrage. .........ork Reduction Act Notice Public reporting burd.n for this application I. 9S1Ime!8d to av.rage 3,7 hou",. ThIs
..tlmate Includes tim. for revieWing InslruClions, searching existing data souroes, gathering and malntsfning fua date needed, and completing and rovlawlng the ro/Ieetion 0/Infonnellon.
An agency may nol conduct or _ponsor, and. p • ..,., Is not requir<>d to reepond to.. coI_ of Informatfon unless It displays 8 CUI11'H1tJy valid OMS control number. Send comments regardtng
the burden estimate. 8WJ other aspect of Ute collection of Information, or suggeslJons fO( Improving thls form. inolucfmg any suggestions which may Inorease or reduce this burden to:
DIrector, OPPE Regulalory I_0Msi0n (21371. U.S. EnvIronmenIaf I'T<>IeclIon Agency, 401 M Street, SW, Washington, f).C. 20460. Includ. tho OMS oonlrol ...mbor on any cormspoi\dence. 00
not send the completed form to this address. 
Monday July 6, 1998 Part II Environmental Protection Agency Reissuance of NPDES General Permits for Storm Water Discharges From Construction Activities in Region 6; Notice 36489 
·36490 Federal R\fer/Vol. 63, No. 128I Monday, July 6, )18/Notlces ENVIRONMENTAL PROTECTION -AGENCY [FRL-6119-7] Reissuance of NPOES General Pennlls for Sionn Water Discharges from Cons1ruction
Activities in Region 6 AGENCY: Enviromnental Protection Agency (EPA). ACTION: Notice of final NPDES general permits. SUMMARY: Region 6 Is Issuing the fmal National Pollutant Discharge
Elimination System (NPDES) general pennits for stann water discharges associated with construction activity in Region 6. EPA first issued permits for these activities in September 1992.
These permits subsequently expired in September 1997. Today's permits, which replace those expired permits, are similar to the permits issued in 1992. The main changes from those 1992
permits are summarized In the SUPPLEMENTARY INi'ORMAlION section, below. ADDRESSES: The index to the administrative record and the compiete administrative record are available at the
Warer Docket, MC-41OJ, U.S. EPA, 401 M Street SW, WashJngton, DC 20460. Copies of Information in the record are available upon request A reasonable fee may be charged for copying. The
index to the administrative record is also available from EPA Region 6, Water Quality Protection Division, Customer Service Branch (6WQ-CA) 1445 Ross Avenue, Suire 1200, Dallas. TX 75202.
OATES: These general permits shall be effective on July 6, 1998. NallCE OF INTENT: A NallCE OF INTENT (NOI) FORM MUST BE SUBMITlED TO OBTAIN COVERAGE FOR STORM WATER DISCHARGES UNDER
THESE PERMITS. THE NOI FORM IS GIVEN IN ADDENDUM C OF THESE PERMITS. DEADUNES FOR SUflMlTTAL OF 001'5 ARE PROVIDED IN PART II.A OF THE PERMrrs. FOR FUIITliER INFORMAnON CONTACT: For
further information on the NPDES Construction General Permits, call the EPA Region 6 Storm Water HOlline at 1800-245-6510. Information Is also available through the EPA Region 6's sinrm
water web Site at ''http://www.epa.gov!reglon6!sw! and on the PJPES bulletin board web site at "http:! !plpes.ehsg.saic.com!pipes.htm" , SUPPLEMENTARY INFORMAMN: Contents 1. Introduction
II. Answers to Common Questions m. Section 401 Certification and Coastal Zone Management Act IV. Endangered Species Protection V. Historic Properties Protection VI. Regulatory Review
(ExecuHve Order 12866) VII. Unfunded Mandates Reform Act VIII. Paperwork Reduction Act lX. Regulatory Flexibility Act I, Introduction The United States Environmental Protection Agency
Region 6 office is reissuing the general permits which authorizes the discharge storm water associared with construction activity. As used in this permit, "storm water associated with
construction activity" means construction activity disturbing at least five acres, or con.IIOtructian activity disturbing less than five acres which Is part of a larger common pian of
development or sale with the potential to disturb cumulatively five or more acres (See 40 CFR 12Z.26(b)(14)(x)). These permits replace the previous Baseline Construction General Permits
which were issued for a five-year term In September 1992. The most significant changes from the 1992 permits are: 􀁾􀀠New conditions to protect listed endangered and threarened species
and critical habitats; .... Expanded coverage to construction sltes under five acres of disturbed land which are not part of a larger common plan of development or sale when an operator
has been designated by the Director to obtain coverage, .... A requtrement to post at the construction site the confirmation of permit coverage (the permit number or copy of the Notice
of Intent (NO!) if a permit number has not yet been assigned) Including a brief description of the project: ..... Storm water pollution prevention pian performance objectives have been
added. These general permits for storm water discharges asSOCiated with construction activity was proposed on june 2. 1997 (62 FR 29786), and are hereby Issued for the following areas
in Region 6: The Stares of New Mexico and Texas; Indian Country lands In louisiana, Oklahoma, Texas and New Mexico (except Navajo Reservation Lands and Ute Mountain Reservation Lands):
and oil and gas construction in the State ofOklahoma. II. Answers to Common Questions in this section, EPA provides answers to some of the more common questions on the construction storm
water permitting program. These answers are fairly broad and may not take into account all scenarios possible at construction sites. More details on these issues are provided at 63 FR
7858 (February 17, 1998) in the "Summary of Responses to Comments on the Proposed Permit" section of the relssuance of NPDES General Permits From Construction Activities for Regions
I, 2. 3, 7, 8. 9 and 10. How do I Know ifI Need a Permit? You neoo a stonn water pennit if you can be considered an "operator" of the construction activIty that would result in the "discharge
ofstorm water associated with construction activity." You must become a permittee ifyou meet either of the following two crlrer!a: .... You have operational control of construction project
plans and specifications, Including the ability to make modifications to those plans and specifications; or .... You have day-to-day operational control of those activities at a project
which are necessary to ensure compliance with a storm water pollution prevention plan (SWPPP) for the site or other permit conditions (e.g .. you are authorized to direct workers at
a site to carry out activities required by the SWPPP or comply with other permit conditions). There may be more than one party at a site performing the tasks relating to "operational
control" as defined above. Depending on the site and the relationship between the parties (e.g .. owner, developer), there can either be a single party acting as site operator and consequently
be re.<ponsible for obtaining permit coverage, or there can be tvvo or more operators with aU needing permit coverage. The following are three general operator scenarios (variations
on any of the three are possible as the number of "owners" and contractors increases): .... Owner as Sale Permittee. Ibe property owner designs the structures for the site, develops
and implements the SWppp, and serves as general contractor (or has an 􀁯􀁮􀁾􀁳􀁩􀁴􀁥􀀠representative with full authority to direct day-to-day operations). He may be the only party that
needs a permit, In which case everyone else on the site may be considered subcontractors and not need permit coverage. .... Contractor as Sole Permittee. The property owner hires a construction
company to design the project. prepare the SWPPP, and supervise Implementation of the plan and compliance with the pennlt (e.g., a "turnkey" project). Here. the contractor would be the
only party needing a permit. It is under this scenario that an individual having a personal residence built for his own use (e.g., not those to be sold for profit or used as rental property)
would not be considered an 
Federal RA . ter/Vol. 63, No. 128/Monday, July 6, 98/Notices 36491 operator. EPA believes that the general -contractor. being a professional in the building industry. should be the entity
rather than the individual who is better equipped to meet the requirements of both applying for permit coverage and developing and properly implementing a SWPPP. However. individuals
would meet the definition of "operator" and require perm it coverage in instances where they petfurm general contracting duties for construction of their personal residences. .. Owner
and Contractor as Co· Permittees. The owner retains control Over any changes to site plans. SWPPPs, Or stonn water conveyance or control deSigns; but the contractOr is responsible for
overseeing actual earth disturbing activities and daily implementation ofSWPPP and other pennit conditions. In this case, both parties may need coverage. However, you are probably not
an operator and subsequently do not need permit coverage if: .. You are a subcontractor hired by, and under the supervision of, the owner or a general contractor (i.e., if the contractor
directs your activities on-site, you probably are not an operator); or ... your activities on site result in earth disturbance and you are not legally a subcontractor. but a SWPPP specifically
identifies someone other than you (or your subcontractor) as the party having operational control to address the impacts your activities may have on stonn water quality {i.e., another
operator has assumed responsibility for the impacts ofyour construction activities). This particular provision will apply to most utility service line insta1lations. For further infonnation
concerning whether utilIty service line installations meet the definition of operator and require pennit coverage, see the discussion under "Installation of Utility Service Lines" in
Section VlII, Summary Response to Public Comments of the Fact Sheet. In addition, for purposes of this pennit and detennining who is an operator, "owner" refers to the party that owns
the structure being built. Ownership ofthe land where construction is occurring does not necessarily imply the property owner IS an operator (e.g .. a landowner whose property is being
disturbed by construction of a gas pipeline). Likewise, ifthe erection of a structure has been contracted for, but possession of the title or lease to the land or structure is not to
occur until after construction, the would-be owner may not be considered an operator (e.g., having a house built by a residential homebuilder) . My Project Will Disturb Less Than Five
Acres, butitMay Be Part ofa "Larger Common Plan ofDevelopment or Sale. " How Can I Tell and What Must I do? Ifyour smaller prOject Is part ofa larger common plan ofdevelopment or sale
that collectively will disturb five or more aCres (e.g .. you are building on six half-acre residential lots in a I a·acre development or are putting in a parking lot in a large retail
center) you need permit coverage. The "plan" in a common plan of development or sale is broadly defined defined as any announcement or piece of documentation (including a sign, public
notice or hearing, sales pitch, advertisement, drawing, permit application. zoning request, computer design, etc.) or physical demarcation (Including boundary signs, lot stakes, surveyor
markings, etc.) Indicating construction activities may occur on a specific plot. You must still meet the definition of operator in order to be required to get permit coverage, regardless
of the acreage you personally disturb. As a subcontractor, it is unlikely you would need a permit. For some situations where less than five acres of the original common plan of development
remain undeveloped, a permit may not be needed for the construction projects "filling in" the last parts of the common plan of development. A case In which a permit would not be needed
is where several empty lots totallng less than five acres remain after the rest of the project had been completed, providing stabilization had also been completed fo!' the entire project.
However, Ifthe total area of all the undeveloped lots in the original common plan of development was more than five acres, a pennlt would be needed. When Can You Consider Future Construction
on a Property To Be Part ofa Separate Plan ofDevelopment or Sale? In many cases, a common plan of development or sale consists of many small construction projects that collectively add
up to five (5) or more acres oftotal disturbed land. For example, an original common plan of development for a reSidential subdivision might layout the streets, house lots, and areas
for parks, schools and commercial development that the developer plans to build or sell to others for development. All these areas would remain part of the common plan of development
Or sale until the intended construction occurs. After this initial plan is completed for a particular parcel. any subsequent development or redevelopment of that parcel would be regarded
as a new plan of development, and would then be subject to the five· acre cutoff for stonn water permitting. What Must I do to Satisfy The Permit Eligibility Requirements Related to
Endangered Species? In order to be eligible for this permit, you must follow the procedures and examples found in Addendum A for the protection ofendangered speCies. You cannot submit
your N 01 until you are able to certify your eligibility for the permit. Enough lead time should be built into your project schedule to accomplish these procedures. Ifanother operator
has certified eligibility for the project (or at least the portion of the project you will be working on) in his NOI, you will usually be able to rely on his certification of project
eligibility and not have to repeat the process. EPA created thIS "coat tail" eligibility option for protection of endangered species to allow the site developer/owner to obtain up-front
"clearance" for a project, thereby avoiding duplication of effort by his contractors and unnecessary delays in construction. What Does the Pennit Require Regarding Historic Preservation?
Today's permit does not currently impose reqUirements related to historic preservation, though EPA may modify the permit at a later date after further discussions with the AdvisOry Council
on Historic Preservation. Therefore. under today's permit. EPA will conduct consultations as it did under the preexisting Baseline Construction General Permit on a case-by-case basis
as needed. Removal of the proposed permit provisions related to historic preservation in no way relieves applicants and permittees of their obligations to comply with applicable State,
Tribal or local laws for the preservation of historic properties, EPA reminds permittees that according to sectlon 110(1<) of the National Historic Preservation Act (NHP A), an intentional
action to significantly adversely affect historic resources with intent to avoid Federal historic preservation requirements may jeopardize future permit coverage for such a permittee.
How Many Notices ofIntent (NOIs) Must I Submit? Where and When Are They Sent? You only need to submit one NOl to cover all activities on any one common plan of development or sale. The
site map you develop for the storm water pollution prevention plan identifies which parts of the overall project are 
36492 Federal R< Jer/Vol. 63, No. 128fMOl1day. July 6, ,98fNotices under your control. For example, ifyou -are a homebullder in a residential -development, you need submit only one NO!
to cover all your lots, even ifthey are on opposite sides ofthe development. The NO! must be postmarked two days before you begin work on site. The address for submitting NOls is found
in the instruction portion of the NO! form and In Part ItC. of the CGP. You must also look in Part X of the permit to determine ifcopies of the NO! form are to be sent to a State or
Indian Tribe. IfI Am on an ongOing Construction Project. do I Have In Fill in a New NOI To Be Covered by the Permit? Yes, jfyou are on an ongoing construction project, a construction
project which stafted prior to the effective date of this permit, you must complete a revised NO! Form (EPA Form 3510-9) to obtain coverage under this permit. However, applicants who
have previously submitted an NOl for perm it coverage prior to the effective date of this permit have the option to leave the section regarding Addendum A on endangered species blank
unless there Is a potential Impact on endangered species or their habltat. How do I Know Which Permit Conditions Apply to Me? You are responsible for complying with all parts of the
permit that are applicable to the construction activities you perform. Part 1I1.E. of the permit defines the roles of various operators at a site. In addition, several States and Indian
Tribes requJre alternative or additional permit conditions, and these can be found in Part X ofthe permit. Do I Have Flexibility in Preparing the Storm Water Pol1ution Prevention Plan
(SWPPP) and Selecting Best Management Practices (BMFs) for My Site? Storm water pollution prevention plan requirements were designed to allow maximum flexibility to develop the needed
stonn water controls based on the specifics of the site. Some ofthe factors you might consider Include: more stringent local development reqUirements andlor building codes; precipitation
patterns for the area area at the time the project will be underway; soil types: slopes; layout of structures for the site; sensitivity of nearby water bodies; safety concerns of the
storm water controls (e.g., potential hazards of water in stann water retention ponds to the safety ofchildren; the potential of drawing birds to retention ponds and the hazards they
pose to aircraft); and coordination with other site operators. Must Every Permittee Have His Own Separate SWPPP or Is a Joint Plan Allowed? The only reqUirement is that there be at least
one SWPPP for a site which incorporates the required elements for all operators. but there can be separate plans ifindividual permittees so desire. EPA encourages permittees to explore
possible cost savings by having a joint SWPPP for several operators. For example, the prime developer could assume the inspection responsibilities for the entire site. while each homebuilder
shares in the installation and maintenance of sediment traps serving common areas. Ifa Project Wil1 Not Be Completed Before This Permit Expires, How Can I Keep Permit Coverage? Ifthe
permit is reissued or replaced with a new one before the current one expires. you will need to comply with whatever conditions the new permit reqUires in order to transition coverage
from the old permit. This usually includes submitting a new NOI.lf the pennit expires before a replacement permit can be issued, the permit will be administratively" continued." Yau
are automatically covered under the continued permit, without needing to submit anything to EPA, until the earliest of; ..... The permit being reissued or replaced; ..... Submittal ofa
Notice of Termination (NOT); ..... Issuance of an individual permit for your activity: or ..... The Director issues a formal decision not to reissue the permit. at which time you must
seek coverage under an altemative permit. When Can I Terminate Permit Coverage? Can I Terminate Coverage (I.e .• Liability for Permit Compliance) Before the Entire Project Is Finished?
You can submit an NOT for your portion of a site providing: (1) You have achieved fmalstabilization of the portion ofthe site for which you are a permittee (including, ifapplicable. returning agricu1turalland to its preconstruction agricultural use); (2) another operator/permittee
has assumed control according to Part VI.G.2.c. of the permit over all areas of the site that have not been fInally stabilized which you were responsible for (for example, a developer
can pass permit responsibility for lots in a subdivision to the homebuilder who purchases those lots, proViding the homebuilder has filed his own NOl); or (3) for reSidential construction
only, you have completed temporary stabilization and the residence has been transferred to the homeowner. Ill. Section 401 Certification and Coastal Zone Management Act Section 40 I
of the Clean Water Act states that EPA may not Issue an NPDES permit until the State in which the discharge will originate grants or waives certification to ensure compliance with appropriate
reqUirements of the Act and State law. The Region has received section 401 certification from the appropriate States and Indian Tribes for all facilities covered by tOday's permits.
Additional permit requirements were required as a condition of certification by the State ofTexas and by the Pueblos ofIsleta. Nambe, Picuris. Pojoaque. Sandia, Tesuque and Santa Clara
in New Mexico. These additional permit reqUirements are contained in Part X of the permits. The Coastal Zone Management Act (CZMA) reqUires all Federal permitting actions to be reviewed
for conSistency with each approved State Coastal Zone Management Plan. Texas is the only State covered by these permits that has an approved Coastal Zone Management Plan. EPA Region
6 has determined that the permit is consistent with the Texas Coastal Zone Management Plan. The Texas Coastal Zone Management Plan procedures for Federal conSistency with Coastal Management
Program goals and poliCies (31 TAC 506.12) state that jfan activity requiring a state agency or subdivision action above thresholds requires an eqUivalent Federal permit. the Texas Coastal
Coordination Council may determine the consisten<;y of the state agency/subdivision action or the Federal permit, but not both. Permittees whose construction projects are located within
the boundary of the Texas Coastal Management Program above thresholds will be required, as a part of pre·constructlon project approval. to have a consistency review by the Texas Council.
An additional consistency review by the Texas Coastal Coordination Council of the storm water discharges from these construction projects covered by today's permit is, therefore, not
requJred. IV. Endangered Species Protection A. Background The Construction General Permit (CGP) also contains conditions to ensure the activities regulated by it are protective ofspecies
that are listed under the Endangered Species Act (ESA) as endangered or threatened (known as "listed species"), and listed species habitat that is designated under 
36493 Federal R, Jer/Vol. 63, No. 128/Monday, July 6, ,98/Notices the ESA as critical (""critical habitat'·). In . addition. the permit's coverage does not extend to discharges and dischargerelated
activities likely to jeopardize the continued exislence ofspecies proposed but not yet listed as endangered or threatened or result in the adverse modification of habitat proposed to
be designated critical habitat. The ESA places several different reqUirements on activities covered by the CGP. First, section 9 of the ESA and the ESA implementing regulations generally
prohibit any person from "taking" a listed animal species (e.g., harassing or harming it) unless the take is authorized under the ESA. This prohibition applies to all entities and Includes
EPA. permit applicants, permittees and the public at large. Second, section 7 (a)(2) of the ESA reqUires that Federal agencies consult with the Fish and Wildlife Service (FWS) or the
National Marine Fisheries Service (NMFS) ("'the Services") to insure that any action authorized, funded or carried out by them (also known as "agency actions' ') are not likely to jeopardize
the continued existence of any listed species or result in the destruction or adverse modification of critical habitat_ Jeopardizing the continued existence of a listed species means
to engage in an action that reasonably would be expected. directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild
by reducing the reprodUction, numbers or distribution of that species (See 40 CFR 402.02). The ESA section 7 implementing regulations at 50 CFR 402 appiy this consultation reqUirement
to any action authorized by a Federal agency that may affect listed species or critical habitat, including permits. This effect, among other things. can be heneficial, detrimental, direct
and indirect The issuance of the CGP by EPA Is thus subject to the ESA section 7 (a)(2) consultation requirements. Finally. ESA section 7(a) (1) directs Federal agencies to use their
authority to further the purposes of the ESA by carrying out programs for the conservation of listed species, and section 7(a)(4) directs Federal agencies to confer with the Services
on Agency actions likely to jeopardize the existence of species proposed but not yet fInally listed or result in the adverse modification of critical habitat proposed to be designated.
The ESA regulations provide for two types of consultation: formal and informal. Informal consultation is an optional process that includes discussions, correspondence. etc. between the
Services and a Federal agency or a designated non-Federal representative (NFR) to determine whether a Federal action Is likely to have an adverse effect on listed specie.s or critical
habitat. During informal consultation the Services may suggest modifications to the action that a Federal agency, permit applicant or non-Federal representative could implement ro avoid
likely adverse effects to listed species or critical habitat. If adverse effects are likely likely and those effects cannot be addressed through Informal consultation, then formal consultation
generally occurs. Also of relevance for the CGP are ESA section 10 incidental taking permits_ Section 10 of the ESA allows persons, including non-Federal entities to Incidentally take
listed animal species, where otherwise prohibited, through the issuance of a pennit after development of a habitat conservation plan (HCP). These procedures were developed to allow non·Federal
entities such as developers to. among other things, alter habitat without incurring takings liability where take is minimized to the extent practicable. B. Conditions in the June 2,
1997 Proposed Permit To Protect Species and Critical Habitat The CGP was proposed with a number of conditions to ensure that storm water discharges and best management practices (BMPs)
to control storm water runoff were protective of listed species or critical habitat. SpeCifiCally, coverage under the proposed CGP would be granted only under the following circumstances:
1. An applicant's storm water discharges or BMPs to control storm water runoff were not likely to adversely affect listed species (identified In Addendum A of the permit) or critical
habitat; or 2. The applicant's activity was previously authorized under § 7 or § 10 of the Endangered Species Act (ESA) and that authorization addressed storm water discharges and BMPs
to control storm water runoff; or 3. The applicant's activity was considered as part of a larger. more comprehensive assessment of impacts on endangered and threatened species under
§ 7 or § 10 of the ESA which accounted for storm water discharges and BMPs to control storm water runoff; or 4. Consultation under § 7 of the ESA was conducted for the applicant's activity
which resulted in either a no jeopardy opinion or a written concurrence on a finding of no likelihood of adverse effects; or 5. The applicant's activity was considered as part of a larger.
more comprehensive site-specific assessment of impacts on endangered and threatened species by the owner or other operator of the site and that permittee certified eligibility under
items I.. 2.. 3. or 4. above. The proposal required that applicants assess the impacts of their "storm water discharges" and "BMPs to control storm water runoff' on listed species and
critical habitat that are located "in proximity" to the those discharges and BMPs when developing Storm Water Pollution Prevention Plans (SWPPPs) as part of the application process.
The proposed CGP also reqUired applicants to include measures in SWPPPs to protect listed species and critical habitat. '"In proximity" was defIned in Addendum A to Include species:
... Located in the path or immediate area through which or over which contaminated paint source storm water flows from construction activities to the point of discharge into the receiving
water; ..... Located in the immediate vicinity of, or nearby. the point of discharge into receiving waters; or ... Located In the area of a site where storm water BMPs are planned or
are to to be constructed. EPA also solicited comment on whether the area or scope of impacts to be considered by applicants should be broadened to encompass listed species found on the
entire construction site and notjUst those speci• .s found "in proximity" as currently defined in AddendumA. Failure by permittees to abide by measures In their SWPPPs to protect species
and critical habitat would invalidate permit coverage. Attached to the proposed permits were instructions (Addendum A) to assist permit applicants in making this inquiry_ The proposal
indicated that a county-bycounty species list would be included in Addendum A of the final permit to assist applicants in determining if listed species might be "in proximity" to storm
water discharges and BMPs_ EPA did not provide a draft species list in proposed Addendum A.Instead, EPA referred commenters to a similar species list that was used for an earlier EPAissued
storm water permit. the Multisector Storm Water General Permit, that was issued on September 29. 1995 (See 62 FR 29792, note 12. June 2.1997). 
36494 Federal Rl 1er/VoL 63. No. 128/Monday, July 6. .,98/Notlces C. Final CGP Conditions To Protect . Listed Species On AprJ! 28. 1997. EPA entered into formal consultation with the
Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (the "Services") for issuance of the CGP. After discussions with the Services. EPA tenninated formal
consultation and entered into ESA section 7 lnfonnal consultation and conferencing with the Fish and Wildlife Service (FWS) and the National Fisheries Service Services (NMFS) on June
11, 1997. On November 4. and 26. 1997. EPA completed ESA infonnal consultation when NMFS and FWS provided their respective concurrences with EPA's finding that issuance of the CGP was
not lIkely to adversely affect lIsted species or critical habitat. However. the negotiations on CGP dId not consider ongoing constructlon projects; i.e., construction projects whIch
started prior to the effective date of these permits. In January. 1998. Region 6 decided to address ESA certification issues for ongoing construction projects before finalizing the pennit.
In February. 1998. EPA Region 6 began a supplemental informal consultation with FWS and NMFS on language to clarify reqUirements for ongOing construction activity. EPA Region 6 completed
ESA infonnal section 7 consultation and conferencing when FWS and NMFS provided their concurrences that issuance of these permits is unlikely to adversely affect listed species or critical
habitat on June 9, and 15. respectively. With the completion of these consultations. EPA Region 6 has reduced the administrative burden associaled wIth obtaining permit coverage for
ongOing construction projects for the federal agencies and the regulated community. Based on that consultation and in consIderation of comments received on the June 2, 1997. proposal,
EPA has placed the following conditions in the permit to protect listed species and critical habitat (See Part I.B.3.e). Coverage under the CGP is avallable for construction projects
only if: 3. The storm water discharges and storm water discharge-related activities are not likely to adversely affect listed species or critical habitat (Part I.R3.e.(2){a)); or b.
Formal or informal consultation with the Services under section 7 of the Endangered Species Act (ESA) has been concluded which addresses the e!rects of the applicant's stonn water discharges
and storm water dischargerelated activities on listed species and critical habitat and the consultation results in either a no jeopardy opinion or a written concurrence by the Servlce(s)
on a finding that the applicant's storm water discharges and storm waler dlscharge-relal€d activities are not likely to adversely affect listed species or critical habitat. A section
7 consultation may occur in the context of another Federal on (e.g" an ESA section 7 consultation was performed for Issuance of a wetlands dredge and fill permit for the project. or
as part of a National EnVironmental Policy Act (NEPAl review); or c. The applicant's construction activities are covered by a permit under section 10 of the ESA and that permit addresses
the effects of the applicant's storm water discharges and storm water 􀁤􀁩􀁳􀁣􀁨􀁡􀁲􀁧􀁥􀁾􀁲􀁥􀁬􀁡􀁴􀁥􀁤􀀠activities on listed species and critical habitat (Part I.B.3.e.(2) (c)); or
d. The applicant's storm water discharges and storm water dischargerelated activities were already addressed in another operator's certification of eligibility under Part 1_B.3.•.(2)
(a). (b). or (c) which included the applicant's project area. By certifying eligibility under Part LB.3.e.(2)(d). the applicant agrees to comply with any measures or controls upon which
the other operator's certification under Part I.B.3.e.(2)(a). (b) or (c) was based. The CGP reqUires that applicants consider effects to listed species and critical habitat when developing
SWPPPs and require that those plans include measures, as appropriate, to protect those resources. Failure by permittees to abide by measures in the SWPPPs to protect species and critical
habitat may invalidate permit coverage. This permit reqUires all projects commencing construction after the effective date of this permit. to follow the procedures provIded in Addendum
A of the permit when applying for permit coverage. The Director may also require any existing permittee or applicant to provide documentation of eUgibllity for thls permit using the
procedures in Addendum A, where EPA or the Fish and Wildlife Services determine that there is a potential impactlon on endangered or threatened species or a critical habitat. Nothing
in the permit relieves applicants which are under construction as ofthe effective date of this permit of their obligations they may have to comply with any reqUirements of the Endangered
Species Act. Addendum A contains instructions to assist permit applicants in making this inquiry. Those Instructions require that applicants ascertain: (I) if their construction activities
would occur in critical habitat; (2) whether listed species are in the project area; and (3) whether the applicant's storm water discharges and discharge-related activities are likely
to adversely affect listed species or critical habitat. If adverse effects are likely. then applicants would have to meet one of the eligibility reqUirements of Part I.B.3.e.(2)(b)-(d)
(paragraphs b .. c.• and d. above) to receive permit coverage. "DischargeNrelated activities" include activities which cause point source storm water pollutant discharges including but
not limited to excavation, site development, and other surface disturbing activities, and measures to conlrOl. reduce or prevent storm water pollution including the siting, construction
and operation of BMPs. The "project area" includes: 1. Area(s) on the construction site where storm water discharges originate and flow towards the point of discharge into the receiving
'Waters (this includes the entire area or areas where excavation. site development. or other ground dIsturbance activities occur), and the immediate vicinity; 2. Area(s) where storm
water discharges flow from the construction site to the poInt of discharge into receiving waters; 3. Area(s) where storm water from construction activities discharges into the receiving
waters and the area(s} in the immediate vicinity of the point of discharge; and 4. Area(s) where storm water BMFs will be constructed and operated. including any area{s) where storm
water flows to and from BMFs. The project area wlll vary with the size and structure ofthe construction activity. the nature and quantity of the storm water discharges, the measures
(including BMFs) to control storm water runoff. and the type of receiving waters. Addendum A also contains information on where to find information on listed and proposed species organl7.ed
by State and county to assist applicants in determining if further inquiry is necessary as to whether listed species are present in the project area. Applicants can check the Office
of Wastewater Management's website (http://www.epa.gov/owm). CGP applicants can also get updated species information for their county by by calling the appropriate FWS or NMFS office.
EPA Region 6 applicants can also contact the EPA Region 6 Storm Water Hotline (1-800-245-6510) for updated species information. The CGP also reqUires that applicants comply with any
conditions imposed under the eligibIlity reqUirements of Part I.B.S.e. (2)a .. b .. c .. or d. above to remain eligible for coverage under this 
Federal R, :ter/Vol. 63, No. 128/Monday, July 6, ,98fNotices 36495 permit. Such conditions must be • incorporated in the applicant's SWPPP. . The CGP does not authorize any prohibited
take Cas defined under section 3 ofthe ESA and 50 CFR 17.3) of endangered or threatened species unless such takes are authorized under sections 7 or 10 of the ESA. The CGP !ioes not
authorize any storm water discharges Or storm water djschargerelated activities that are likely to jeopardize the continued existence of any species that are listed or proposed to be
listed as endangered or threatened under the ESA or result in the adverse modification or destruction of habitat that is designated or proposed to be designated as critical under the
ESA. It is EPA's Intention to provide permit applk.ants with the greatest possible flexib!lity In meeting permit requirements for protecting listed species and critical habitat. Thus.
EPA is allowing applicants to uS.e either section 7 or section 10 ESA mechanisms to address situations where adverse effects are likely (See Part I.B.3.•.(2) (b) and (c». Also, to give
applicants additional flexibility in meeting the Part I.B.3.e. eligibility requirements and with the timing of informal consultations, the permit automatically designates CGP applicants
as non-Federal representatives for the purpose of carrying out informal consultation. However, EPA notes that meeting ESA requirements raises difficult implementation issues on how to
best ensure that the pennit"i are protective of listed species and critical habitats without unduly burdening permit applicants. permittees, and State, local, and Federal governmental
entities. Thus, EPA intends in the future to review those permit conditions and procedures that relate to the ESA and the protection of historic resources to see how well that goal has
been achieved and may revise the permits If necessary to better achieve that goal. V. Historic Property Protection A. Background The National Historic Preservation Act of 1966, as amended,
(NHPA) establishes a national historic preservation program for the identification and protection ofhistoric properties and resources. Under the NHPA, identification ofhistoric properties
is coordinated by the State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs) or other Tribal Representatives (in the absence ofa THPO). Section 106
of the NHPA reqUires Federal agenCies to take into account the effects of their actions on historiC properties that are listed or eligible for listing on the National Register of Historic
Places and to seek comments from the Advisory Council On HistoriC Pre.'iiervation (ACHP). The permit was proposed with a number of conditions pertaining to the conSideration ofhistode
properties. EPA has decided to not include those conditions because the ACHP and the National Conference ofSlate Historic Preservation Officers CNCSHPO) have requested that EPA not include
such conditions In the final permit at this time. The ACHP and the NCSHPO have recommended that EPA issue issue the permit but recommend that EPA continue working with them and Tribes
regarding the possible development of a more comprehensive and efficient approach to ensure that effects to historic properties are given appropriate consideration while ensuring undue
burdens are not Imposed on applicants and regulatory authorities. EPA plans to continue working with the ACHP, NCSHPO and Tribes On this effort and may modify the permit to incorporate
procedures regarding the protection of historic resources at a later date, B. Future CCP Conditions To Protect or ConSider Effects to HistoriC Properties In response to comments received
on the permit proposal and because the Agency is still discussing historic preservation with the AdviSOry Council on Historic Preservation (ACHP), the final pennit reserves permit requlrements
related to historic preservation, Today's final permit does not include the eligibility restrictions and evaluation requirements from the proposed permit. After future dIscussions with
the ACHP, ACHP, EPA may modify the permit to reflect those discussions. VI. Regulatory Review (Executive Order 12866) Under Executive Order 12866. {58 FR 51735 (October 4, 1993]) the
Agency must determine whether the regulatory action is "significant" and therefore subject to OMB review and the requirements of the Executive Order. The Order defines "significant regulatory
action" as one that is likely to result in a rule that may have an annual effect on the economy of$100 million or more or adversely affect in a material way the economy. a sector of
the economy, productivity, competition. jobs, the environment, public health or safety, or State, local or Tribal governments or communities: create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency; materiaily alter the budgetary Impact of entitlements, grants, user fees. or loan programs or the rights and obligations
of reCipients thereof; or raise novel legal or policy Issues arising out of legal mandates. the President's President's priorities. or the princIples set rorth in the Executive Order.
It has been determined that this 􀁲􀁥􀁾􀁩􀁳􀁳􀁵􀁥􀁤􀀠general permit is not a "Significant regulatory action" under the terms of Executive Order 12866. VII. Unfunded Mandates Reform Act
Title 11 of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4, establishes requlrements for Federal agenCies to assess the effects of their regulatory actions on State,
local. and Tribal governments and the private sector. Under UMRA section 202, EPA generally must prepare a written statement, including a cost-benefit analySis, for proposed and final
rules with "Federal mandates" that may result in expenditures to Slate, local, and Tribal governments, In the aggregate, or to the private sector. of $100 million or more In anyone year.
Berore promulgating an EPA rule for which a written statement is needed, UMRA § 205 generally requires EPA to identify and consider a reasonable number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative that achieves the objectives of the rule. The proviSions ofUMRA §205 do not apply when they are inconsistent
with applicable law. Moreover, UMRA § 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes
an explanation with the final rule why the alternative was not adopted, Before EPA establishes any regulatory reqUirements that may significantly or uniquely affect small governments,
including Tribal governments, it must have developed under UMRA § 203 a small government agency plan. The plan must provide for notifying potentiaily affected small governments, enabling
officials ofaffected small governments to have meaningful and tlmely input in the development ofEPA regulatory proposals with significant Federal intergovernmental mandates, and informing,
educating and advising small governments on compliance with the regulatory requlrements. A. UMRA Section 202 and the Construction General Permit UMRA § 202 requires a written statement
containing certain assessments, estimates and analyses prior to the promulgation of certain general notices of proposed rulemaking (2 U.S.C. 1532). UMRA §421(IO) defines 
36496 Federal R< :ter/Vo1. 63, No. 128/Monday, July 6, ,98lNotices "rule" based on the definition ofrule in the Regulatory FI""lbility Act. Section 601 of the Regulatory Flexibility
Act defines "rule" to mean any rule for which an agency publishes a general notice of proposed rulemaking pursuant to §553 of the Administrative Procedure Act. EPA does not propose to
issue NPllES general permits based on AP A § 553. Instead, EPA relies on publication of general permits in the Federal Register in order to provide "an opportunity fur a hearing" under
CWA § 402(a). 33 U.S.C. 1342(a). Nonetheless, EPA has evaluated pennitting alternatives for regulation of storm water discharges associated with construction activity. The general pennit
that EPA proposes to re-issue would be virtually the same NPDES general pennit for construction that many construction operators have used over the past five years. Furthennore, general
permits provide a more cost and time effiCient alternative for the regulated community to obtain NPDES pennit coverage than that provided through individually drafted permits. B. UMRA
Section 203 and the Construction General Permit Agencies are reqUired to prepare small government agency plans under UMRA § 203 prior to establishing any regulatory requirement that
might significantly or uniquely affect small governments. "Regulatory requirements" might, for example, include the reqUirements of these NPDES general permits for dIscharges aSSOCiated
with construction activity, especIally if a municIpality sought coverage under one of the general pennits. EPA enviSions that some muniCipalities-those with municipal separate stenn
sewer systems serving a population over I OO,OOO-may elect to seek coverage under these proposed general permits. Far many munIcipalities, however, a pennlt application is not reqUired
until August 7.2001, for a stann water discharge associated with construction activity where the construction site is owned or operated by a municipality with a population of less than
100,000. (See 40 CFR 122.26(e)(l)(ii) and (g)). In any event, any such pennit requirements would not significantly affect small governments because most State laws already provide for
the control ofsedimentation and erosion in a similar manner as today's general permit. Pennit requirements also would not uniquely affect small governments because compliance with the
permit's conditions affects small governments in the same manner as any other entity seeking coverage under the permit. Thus, UMRA § 203 wouW not apply. VIn. Paperwork Reduction Act
On June 2. 1997, EPA solicited comments on the proposed revision to the current Information Collection Request (ICR) document for this permit (ICR approved OMB; OMB No. 20400086, expiration,
August 31, 1998) to accommodate the increased infonnation reqUirements in the new NO! for the construction general permit (62 FR 29826). A revised NOI form has been approved (EPA Form
3510-9 OMB No. 2040-0188.) This revised fonn is included in the permit in Addendum C. EPA estimates an increase in the burden associated with filling out the NOI form for the permit
due to added reqUirements under the Endangered Species Act. EPA also anticipates a small increase in the time because of the requirement to submit an NOT upon completion of construction
activities. lX. Regulatory Flexiblllty Act Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 at seq., a Federal agency must prepare an initial regulatory flexibility analysis
"for any proposed rule" for which the agency "is required by section 553 of [the Administrative Procedure Act (APA)]. or any other law, topublish general notice of proposed rulemaking." The RFA exempts from this requirement any rule that the issuing agency certifies "will not, If promulgated. have a significant economic
impact on a substantial number of small entities." EPA did not prepare an initial regulatory flexibility analysis (JRFA) for the proposed CCP. (Note that in today's action. EPA is issuing
a separate general pennit for each Jurisdiction where EPA issues permits; Le., In certain States, Indian Country lands and Federal facilities within certain States. However. for purposes
ofreadabllity. reference Is made to the permits In the singular form such as "pennit" or "CGP" rather than in plural form.) In the notice of the proposed permit, EPA explained its view
that issuance of an NPDES general pennit is not subject to rulemaking reqUirements, including the requirement for a general notice ofproposed rulemaking. under APA section 553 or any
other law. and is thus not subject to the RF A requirement to prepare an IRFA. Nevertheless, in keeping with EPA's policy to consider the impact of its actions on small entitles even
when it is not legally required to do so, the Agency considered the potentIal Impact of the permit on small entities that would be eligible for coverage under the permit. EPA concluded
that the permlt, If issued as drafted, would not have a Significant impact on a substantial number of small entitles. EPA based its conclusion on the fact that the draft pennit was largely
the same as the previous permit issued in 1992 and, to the extent it differed, provided dischargers with more flexibility than that pennlt allowed. Some commenters on the proposed CGP
disagreed with EPA's conclUSions that NPDES general permits are not subject to rulemaking requirements and that the proposed permit would not have a significant impact on small entities.
They asserted that the CGP is suqject to rulemaking requirements and thus the RFA, and that the Agency should have prepared an IRF A for the pennit. In light of the comments received,
EPA further considered whether NPDES general permits are suqject to rulemaking reqUirements. The Agency reviewed its previous NPDES general permitting actions and related statements
in the Federal Register or elsewhere. This review suggests that the Agency has generally treated NPDES general permits effectively as rules, though at times it has given contrary indications
as to whether these actions are rules or permits. EPA also reviewed again the applicable law. including the CWA. relevant CWA case law and the APA. as well as the Attorney General's
Manual on the APA (1947). On the baSis of its review. EPA has concluded. as set forth in the proposal, that NPDES general pennits are permits under the AP A and thus not subject to AP
A rulemaking reqUirements or the RFA. The APA defines two broad, mutually exclusIve categorie., of agency action"rules" and "orders." Its definition of "rule" encompasses "an agency
statement of general or particular appUcabllity and future effect designed to implement. interpret. or prescribe law or policy or describing the organization, procedure, or practice
reqUirements of an agency' • ." APAsection 551(4). Its definition of "order" is residual: "a final dlsposition * * Ii: of an agency in a matter other than rule making but including licensing."
APA section 551(6) (emphasis added). The APA defines "license" to "include * * *an agency pennit * * *" APA section 551(8). The APA thus categorizeS a pennlt as an order, which by the
the APA's definition is not a rule. Sectlon 553 of the APA establishes "rule making" requirements. The APA defines rule making as "the agency process for formulating, amending. or repealing
a rule." APA § 551 (5). By its tenns, then, §553 applies only to "rules" and not also to "orders," which 
Federal R... )er/Vol. 63, No. 128/Monday, July 6, j18/Notices 36497 include permits. As the Attorney General's Manual on the APA explaIns, ··the entire Act is based upon a dichotomy
between rule making and adjudication [the agency process for formulation ofan order]" (p. 14). The CWA specifies the use of permits for authorizing the discharge of pollutants to waters
of the United States. Section 301 (a) ofth. CWA prohibits discharges of pollutants "[except as in compliance with" specified sections of the CWA. including section 402. 33 U.S.C. 1311(.).
Section 402 of the CWA authorizes EPA "to issue a pennlt for the discharge of any pollutant' • " notwithstanding section [30 i(a) of the CWA).'· 33 U.S.C. 1342(a). Thus, the only circumstances
in which a discharge ofpollution may be authorized is where the Agency has issued a permit for the discharge. Courts, recognizing that a permit is the necessary condition-precedent to
any lawful discharge, specifically suggested the use of 􀁡􀁲􀁥􀁡􀁾􀁷􀁩􀁤􀁥􀀠and general permits as a mechanism for addressing the Agency's need to issue a substantial number of pennits.
See NRDCv. Train, 396 F.supp. 1393, 1402 (D.D.C. 1975): NRDCv. Costle, 568 F.2d 1369.1381. (D.C. Cir. 1977). Adopting the courts' suggestion, EPA has made increasing use ofgeneral permits
in its CWA regulatory program, particularly for stann water discharges. In the Agency's view. the fact that an NPDES general permit may apply to a large number of different dIschargers
does not convert itfrom a permit into a rule. As noted above, the courts which have faced the issue ofhow EPA can permit large numbers of discharges under the CWA have suggested use
ofa general permit, not a rule, Under the APA. the two terms are mutually exclusive. Moreover. an NPDES general permit retains Wlique characteristics that distinguish a permit from a
rule. First, today's NPDES general permit for storm water discharges associated with construction activlt;y is effective only with respect to those dischargers that choose to be bound
by the permit Thus, unlike the typical rule. this NPDES general pennit does not impose immediately effective obligations of general applicability. A discharger must choose to be covered
by this general permit and so notify EPA. A discharger always retains the option of obtaining its own Individual permit. Relatedly. the terms of the NPDES general permit are enforceable
only against dischargers that choose to make use of the permit Ifa source discharges without authorization of a general or an individual permit, the discharger violates §301 of the Act
for discharging without a permit, not for violating the terms of an NPDES general permit. Because the CWA and its case law make clear !hat NPDES permits are the congressionally chosen
vehicle for authorizing discharges of pollutants to waters of the United States, the APA's rulemaking reqUirements are Inapplicable to Issuance of such permits. including today's general
permit. Further. while the CWA requires !hat NPDES permit' be Issued only after an opportunity for a hearing, it does not require publication of a general notice of proposed rulemaking.
Thus, NPDES permitting is not 􀁳􀁵􀁾􀁥􀁣􀁴􀀠to the reqUirement to publlsh a general notice of proposed rulemaking under the APA or any other law, Accordingly. It Is not subject to the
RF A. At the same time. the Agency recognizes that the question of the applicability of the APA. and thus the RFA. to the Issuance of a general permit is a difficult one, given the fact
that a large number of dischargers may choose to use the general permit. Indeed, the point of issuing a general permit is to provide a speedier means of permitting large number ofsources
and save dischargers and EPA time and effort. Since the Agency hopes that many dischargerS will make use ora general permit and since the CWA requires EPA to provide an opportunity for
"a hearing" prior to issuance ofa permit, EPA provides the public with notice of a draft general permit and an opportunity to comment on it. From public comments, EPA learns how to better
craft a general permit to make It appropriate for. and acceptable to. the largest number of potential permittees. This same process also provides an opportunity for EPA to consider the
potential impact of general permit tenns on small entities and how to craft the permit to avoid any undue burden on small entitles. This process, however, is volWltary. and does not
trigger rulemaking or RFA requirements. In the case of the CGP being Issued today, the Agency has considered and addressed the potential impact ofthe general pennlt on small entities
in a manner that would meet the reqUirements of the RFA if it applied. Specifically, EPA has analyzed the potential impact of the general permit on small entities and found that it wlll
not have a significant economic impact on a substantial number ofsmall entities. Like the previous general permit that it replaces (the Baseline Construction General Permit), the permit
will make available to many smail entitles. particularly operators of construction sites. a streamlined process for obtaining authorization to discharge. Of the possible permittlng mechanisms
available to dischargerS subject to the CWA, NPDES general permits are designed to reduce the reporting and monitoring burden assodated with NPDES permit authorization, especially for
small entitles with discharges having comparatively less potential for environmental degradation than discharges typically regulated under Individual NPDES permits. Thus. general permits
like the permit at issue here provide small entities with a permitting application option that Is much less burdensome than NPDES individual permit applications. Furthennore. the general
permit is virtually Identical to Its predecessor, ths Baseline Construction General Permit, under which many construction operators have operated during the past five years. Moreover,
the other new provisions of the permit have been designed to minimize burdens on small entities. Including eliminating the reqUirement that construction site operators require that their
contractors and subcontractors sign a standard certification statement agreeing to abide by storm water pollution prevention plan provisions developed for a project. In today's general
permit. only the operator(s) ofa construction site are required to satisfy certification requirements under the permit. EPA believes this modification from the prior permit should reduce
any such adverse economic impacts on both operators and contractors/subcontractors who, in many instances, are small entities. In view of the foregOing, the Regional Administrators find
that the final general pennit. even ifitwere a rule. will not have a Significant economic impact on a substantial number of smaH entities. Storm Water General Permitfor Construction
Activities in Region 6 NPDES Permit No. (See Part I.A.J Authorization to Discharge Under the National Pollutant Discharge Elimination System In compllance with the provisions of the
Clean Water Act. as amended, (33 U.S.C. 1251 et. seq.), except as provided in Part I.B.3 of this permit, operators of construction activIties located in an area specified In Part 1.A.
and who submit a Notice of Intent in accordance with Part II. are authorized to discharge pollutants to waterS of the United States In accordance with the conditions and requirements
set forth herein. This permit shaH become effective on (insert the date of publication of the final permit In the Federal Register). 
36498 Federal Rc ler/VoL 63, No. 128/Monday. July 6, ))8/Notices This permit and the authorization to . discharge shall expire at midnight. July . 7,2003. Signed: June 24. 1998. WilHam
B. Hathaway. Director, WalerQuality Protection Division. NPDES General Penni!s for Storm Water Discharges from Construction Activities Table ofContenls Part 1. Coverage Under this Permit
A. Permit Area B. Eligibility C. Obtaining Authorization D. Terminating Coverage Part II. Notice ofIntent Requirements A Deadlines for Notification B. Contents of Notice ofIntent C.
Where to Submit Part UI. Special Conditions. Management Practices. and Other Non·Numeric Limitations A. Prohibition on Non-Storm Water Discharges B. Releases in Excess ofReportable Quantities
C. Spills D. Discharge CompUance with Water Quality Standards E. Responsibilities of Operatots F. Consistency with the Texas Coastal Management Program Part IV. Storm Water Pollution
Prevention Plans A. Deadlines for Plan Preparation and Compliance B. Signature, Plan Review and Making Plans Available C. Keeping Plans Current D. Contents of Plan PartV. Retention of
Records A. Documents B. Accessibility C. Addresses Part Vl Standard Permit Conditions A. Duty to Comply B. Continuation of the Expired General Permit C. Need to Halt Or Reduce Activity
not a Defense D. Duty to Mitigate E. Duty to Provlde Information. F. Other Information G. Signatory Requirements H. Penalties for Falsification ofReports I. Oil and Hazardous Substance
LiabUlty J. Property Rights K SevetabUily L ReqUiring an Individual Permit or an Alternative General Permit M. StatefI'ribal EnVironmental Laws N. Proper Operation and Maintenance O.
Inspection and Entry P. Permit Actions Part VIT. Reopener Clause Part vm. Termination ofCoverage A. Notice of Termination B. Addresses Part IX. Definitions Part K Permit Conditions Applicable
to Specific States. Indian Country Lands, or Territories Addenda A. Endangered Species B. Historic Properties (Reserved) C. Notice of Intent (NOn Form D. Notice ofTermination (NOT) Form
Part I. Coverage Under This Penni! A. Permit Area The pennit language is structured as if it were a single pennlt. with State, Indian Country land, or other areaspecific conditions specified
in Part X. Pennlt coverage is actually provided by legally separate and distinctly numbered permits covering each of the following areas: Region 6 LARI 0*##1: Indian Country lands in
the State ofLouisiana NMRlO*#II#: The State of New Mexico. except Indian Country lands NMRIO*##I: Indian Country lands In the State of New Mexico, except Navajo Reservation Lands and
Ute Mountain Reservation Lands OKRIO*#il: Indian Country lands in the State ofOklahoma OKRJO*##F: onand Gas Sites in State of Oklahoma TXRIO*#II#: The State ofTexas. except Indian Country
lands TXRIO*II#I: Indian Country lands in the State ofTexas B. Eligibility 1. Permittees are authorized to discharge poUutanls in stonn water runoffassociated with conc;truction activities
as defined In 40 CFR 122.26(b}{14)(x) and those construction site discharges designated by by the Director as needing a stonn water permit under 122.26(aHI}{v) or under I 22.26(a)(9)
and I22.26(g)(1)(i). Discharges identified under Part I.B.3 are excluded from coverage, Any discharge authorized by a different NPDES penni! may be commingled with discharges authorized
by this pennlt. 2. This permit also authorizes storm water discharges from support activities (e.g.. concrete or asphalt batch plants. equipment staging yards, material storage areas.
excavated material disposal areas. borrow areas) provided: a. The support activity Is directly related to a construction site that is required to have NPDES permit coverage for discharges
of storm water associated with construction activity; b. The support activity is not a commercial operation serving multiple unrelated construction projects by different operators, and
does not operate beyond the completion of the construction activity at the last construction project it supports: and c. Appropriate controls and measures are identified in a storm water
pollution prevention plan covering the discharges from the support activity areas. 3. LimItations on Coverage a. Post Constructlon Discharges. This permit does not authorize storm water
discharges that originate from the site after construction activities have been completed and the site, including any temporary support activity site. has undergone final stabilization.
Industrial post􀁾􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁴􀁩􀁯􀁮􀀠storm water discharges may need to be covered by a separate NPDES pennit. b. Discharges Mixed with Non-Srorm Water. This permIt does not authorize
discharges that are mixed wIth sources of non-storm water, other than those discharges which are identified in Part IlI.A.2. or 3. (exceptions to prohibition on non-stann water discharges)
and are in compliance with Part lV.D.S (nonstorm water discharges). c. Discharges Covered by Another Permit. This pennit does not authorize storm water discharges associated with construction
activity that have been covered under an individua1 permit or required to obtain obtain coverage under an alternative general permit in accordance with Part VI.L. d. Discharges Threatening
Water Quality. This permit does not authorize storm water discharges from construction sites that the Director (EPA) determines will cause. or have reasonable potential to cause or contribute
to, violations of water quality standards. Where such determinations have baen made, the Director may notify the operator(s) that an individual permit application is necessary in accordance
with Part VIL. However. the Director may authorize coverage under this permit after appropriate controls and Implementation procedures designed to bring the discharges into compliance
with water quality standards have been Induded in the stann water pollution prevention plan: e. Storm water discharges and storm water discharge-related activities that are not protective
ofFederally listed endangered and threatened ("listed'; species or designated critical habitat ("critical habitat''). (l) For the purposes of complying with the the Part I.B.3.e. eligibility
requirements, "storm water dischargerelated activities" include: (a) Activities which cause, contribute to. or result in point source storm water pollutant discharges. including but
not limited to: excavation, site development. grading and other surface disturbance activities; and (b) Measures to control storm water Including the siting, construction and operation
of best management practices 
36499 Federal R, ,ker I Vol. 63. No. l28/Monday, July 6, J98/Notices (EMPs) to control. reduce or prevent . stonn water pollution. (2) Coverage under this permit is available only if
the applicant certifies that it meets at least one of the criteria in paragraphs (a)-(d) below. Failure to continue to meet one of these criteria during the term of the permit will render
a permittee ineligible for coverage under this permit. (a) The storm water discharges and stonn water discharge-related activities are not likely to adversely affect listed species or
critical habitat: or (b) Formal or informal consultation with the Fish and Wildlife Service andl or the National Marine Fisheries Service (the "Services") under section 7 of the Endangered
Species Act (BSA) has been concluded which addresses the effects of the applicant's storm water discharges and storm water dischargerelated activities on listed species and critical
habitat and the consultation results in either a no jeopardy opinion or a written concurrence by by the Service(s) on a finding that the applicant's storm water discharges and stann
water discharge-related activities are not likely to adversely affect listed species or critical habitat. A section 7 consultation may occur in the context of another Federal action
(e.g .. a ESA section 7 consultation was performed for issuance of a wetlands dredge and fill permit for the project, or as part of a National Environmental Pollcy Act (NEPA) review):
or (c) The applicant's construction activities are authorized under section 10 of the ESA and that authorization addresses the effects of the appllcant's storm water discharges and storm
water 􀁤􀁩􀁳􀁣􀁨􀁡􀁲􀁧􀁥􀁾􀁲􀁥􀁬􀁡􀁴􀁥􀁤􀀠activities on listed species and critical habitat; or (d) The applicant's storm water discharges and storm water dischargerelated activities
were already addressed in another operator's certification of eligibility under Part 1.B.3.e.(2)(a), (b), or (c) which included the applicant's project area. By certifying ellgibllity
under Part 1.B.3.e.(2)(d), the applicant agrees to comply with any measures or controls upon which the other operator's certification under Part I.B.3.e.(2)(a). (b) or (c) was based.
(3) For all projects commencing construction after the effective date of this permit, applicants must follow the procedures provided at Addendwn A of this permit when applying for permit
coverage. The Director may also reqUire any existing permittee or applicant to provide docwnentatlon of eligibility for this permit using the procedures In Addendwn A. where EPA or the
Fish and Wildlife Services determine that there is a potential impaction on endangered or threatened species or a critical habitat. Nothing in this permit relieves applicants which are
under construction as of the effective date of this permit of their obligations they may have to comply with any requirements of the Endangered Species Act. (4) The appllcant must comply
with any applicable terms. conditions or other reqUirements developed in the process of meeting eligibility reqUirements of Part I.B.3 .•. (2)(3), (b), (c), or (d) above to remain eligible
for coverage under this permil Such terms and conditions must be incorporated in the applicant's storm water pollution prevention plan. (5) Applicants who choose to conduct informal
consultation to meet the eligibility requirements of Part I.B.3.e.(2)(b) are automatically designated as non-Federal representatives under this permit. See 50 CFR 402.08. Applicants
who choose to conduct informal consultation as a non-Federal representatives must notify EPA and the appropriate Service office in writing of that decision. (6) This permit does not
authorize any storm water discharges where the discharges or storm water dischargerelated activities cause prohibited "take" (as defined under section 3 of the Endangered Species Act
and 50 CFR 17.3) of endangered or threatened species unless such takes are authorized under sections 7 or 10 of the Endangered Species Act. (7) This permit does not authorize any storm
water discharges where the discharges or storm water dischargerelated activities are likely to jeoperdize the continued existence of any species that are listed or proposed to be listed
as endangered Of threatened under the ESA or result in the adverse modification or destruction of habitat that Is designated or proposed to be deSignated as critical under the ESA. f.
Storm water Discharges and Storm Water Discharge-Related Activities with Unconsidered Adverse Effects on Historic Properties. (Reserved) C. Obtaining Authorization 1. In order for storm
water ctlscharges from construction activities to be authorized under this general permit, an operator must: a. Meet the Part I.B eligibility requirements; b. Except as provided in Parts
n.A.5 and n.A.6. develop a storm water pollution prevention plan (SWPPP) covering either the entire site or all portions of the site for which they are operators (see definition In Part
lX.N) according to the requirements in Part IV. A "joint" SWPPP may be developed and Implemented as a cooperative effort where there 1s more than one operator at a site; and c. Submit
a Notice of Intent (NOI) in accordance with the requirements of Part n, using an NO! form provided in Addendwn C of this permit. Only one NO! need be submitted to cover all of the permittee's
activities on the common plan of development or sale (e.g., you do not need to submit a separate NO! for each separate lot in a residential subdivision or for two separate buildings
being constructed at a manufacturing facility. provided your SWPPP covers each area for which you are an operator). The SWPPP must be implemented upon commencement of construction activities.
2. Any new operator on site, including those who replace an operator who has previously obtained permit coverage. must submit an NO! to obtain permit coverage. 3. Unless notified by
the Director to the contrary. operators who submit a correctly completed NO! in accordance with the requirements of this permit are authorized to discharge storm water from construction
activities under the terms and conditions of this permit two (2) days after the date that the NOI is postmarked. The Director may deny coverage under this permit and require submittal
of an application for an individual NPDES permit based on a review of the NOl or other information (see Part VI.L). D. Terminating Coverage 1. Permittees wishing to terminate coverage
under this permit must submit a Notice ofTermination (NOT) in accordance with Part Vlll of this permit Comp1iance with this permit is required until an NOT is submitted. The pennittee's
authorization to discharge under this permit terminates at midnight of the day the NOT is signed. 2. All permittees must submit a NOT within thirty (30) days after one or more of the
following conditions have been met: a. Final stabilization (see definition Part lX.1) has been achieved on all portions of the site for which the permittee is responsible (Including
if applicable, returning agricultural land to its 􀁰􀁲􀁥􀁾􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁴􀁩􀁯􀁮􀀠agricultural use): b. Another operator/permittee has has asswned control according to Part VI.G.2.c.
over all areas of the site that have not been finally stabilized; or c. For residential construction only, temporary stabilization has been completed and the residence has been transferred
to the homeowner. Enforcement actions may be taken if a permittee submits a NOT without 
36500 Federal R, .ter/Vol. 63, No. 1281 Monday, July 6, ,98/Notlces meeting one or more of these -conditions. Part II. Notice ofIntent Requirements A. Deadlines for Notification L Except
as provided in Parts II.A.3. II.AA, IIA.5 or Il.A.6 below, parties defined as operators (see definition in Part lX.N) due to their operational control over construction plans and specifications,
including the abilIty to make modifications to those plans and specifications. must submit a Notice of intent (NOI) in accordance with the requirements of this Part at least two (2)
days prior to the commencement of construction activities (Le., the initial disturbance ofsoils associated with clearing. grading, excavation activities. or other construction activities).
2. Except as provided in Parts II.A.3, II.AA, II.A.S or II.A.6 below, parties defined as operators (see definition in Part IX.N) due to their day-to-day operational control over activities
at a project which are necessary to ensure compliance with a stonn water pollution prevention plan or other permit conditions (e.g., general contractor, erosion control contractor) must
submit a NOI at least two (2) days prior to commencing work 􀁯􀁮􀁾􀁳􀁩􀁴􀁥􀀮􀀠3. For storm water discharges from construction projects where the operator changes. including instances
where an operator is added after a NO! has been submitted under Parts II.A.I or II.A.2. the new operator must submit a NOI at least two (2) days before assuming operational control over
site speCifications Or commencing work 􀁯􀁮􀁾􀀠site. 4. Operators are not prohibited from submitting late NOls. When a late NOI is submitted. authorization is only for discharges that
occur after permit coverage is granted. The Agency reserves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction
commenced and authorization of future discharges is granted (typically 2 days after a complete NOI is submitted). 5. Operators of on-going construction projects as of the the effective
date of this permit which received authorization to discharge fur these projects under the 1992 baseline construction general permit must: a. Submit a NO! according to Part II.B. within
90 days of the effective date of this permit. If the permittee Is eligible to submit a Notice of Termination (e.g .. construction is finished and final stabilization has been achieved)
before the 90th day. a new NO! is not required to be submitted; b. For the first 90 days from the effective date of this permit, comply with the terms and conditions ofthe 1992 baseline
construction general permit they were previously authorized under; and c. Update their storm water pollution prevention plan to comply with the requirements of Part IV within 90 days
after the effective date of this permit. 6. Operators of on-going construction projects as of the effective date of this permit which did not receive authorization to discharge for these
projects under the 1992 baseline construction general permit must a. Prepare and comply with an interim storm water polluUon prevention plan in accordance with the 1992 baseline construction
general permit prior to submitting an NOI; b. Submit a NOI according to Part II.B; and c. Update their storm water pollution prevention plan to complywith the requirements of Part IV within 90 days after the effective date of this permit. B. Contents ofNotice ofIntent (NOI) !. Use of Revised NO! Form The revised NOI form [EPA Form
3510-9] shall be signed in accordance with Part Vl.G ofthis permit and shall include the following information: a. The name, address. and telephone number of the operator filing the
NOI for permit coverage; b. An indication of whether the operator Is a Federal. State, Tribal, private, or other public entity; c. The name (or other identifier), address, county. and
latitude/longitude of the construction project or site; d. An Indication ofwhether the project or site Is located on Indian Country lands; e. Confirmation that a stann water pollution
prevention plan (SWPPP) has been developed or will be developed prior to commencing construction activities. and that the SWPPP will be compliant with any applicable local sediment and
erosion control plans. COPies ofSWPPPs or permits should not be included with the NO! submission; f. Optional information: the location where the SWPPP may be viewed and the name and
telephone number of a contact person for scheduling viewing times; g. The name of the receiving water(s); h. Estimates of project start and completion dates, and estimates of the number
ofacres of the site on which soil will be disturbed (ifless than 1 acre. enter '"I "); i. Based on the instructions in Addendum A, whether any listed or proposed threatened or endangered
species, Or designated critical habitat. are in proximity to the storm water discharges or storm water 􀁤􀁩􀁳􀁣􀁨􀁡􀁲􀁧􀁥􀁾􀀠related activities to be covered by this permit; j. Under
which section(s) ofPart I.B.3.e. (Endangered Species) the applicant is certif'yIng eligibility; and Note that as of the effective date of this permit, reporting of infurmatlon relating
to the preservation of historic properties has been reserved and is not required at this time. Such reservation in no way relieves applicants or permittees from any otherwise applicable
obligations or liabilities related to historic preservation under State, Tribal or local law. After further discus..ions between EPA and the Advisory Council on Historic Preservation,
the Agency may modify the permit. Any such modification may affect future Notice of intent reporting reqUirements. C. Where To Submit 1. NOls must be signed in accordance with Part Vl.G.
and sent to the following address: Storm Water Notice ofIntent (4203), US EPA. 401 M Street. SW, Washington, DC 20460. Part ln, Special Conditions. Management Practices, and Other NonNumeric
Limitations A. Prohibition on Non-Storm Water Discharges 1. Except as provided in Parts I.B.2 or 3 and m.A.2 or 3. all discharges covered by this permit shall be composed entirely ofstorm
water associated with construction activity. 2. Discharges of material other than storm water that are in compliance with an NPDES permit (other than this permit) issued for that discharge
may be discharged or mixed with discharges authorized by this permit. 3. The following non-storm water discharges from active construction sites are authorized by this permit provided
the 􀁮􀁯􀁮􀁾􀁳􀁴􀁯􀁲􀁭􀀠water component of the discharge Is in compliance with Part IV.D.5 (non-storm water discharges): discharges from fire fighting activities: fire hydrant flushings;
waters used to wash vehicles where detergents are not used; water used to control dust in accordance with Part IV.D.2.c.(2); potable water sources including waterline flushings; routine
external building wash down which does not use detergents: pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has
been removed) and where detergents are not used; air 
Federal R, Ier/Vol. 63, No. 128/Monday, July 6, 98I Notices 36501 conditioning condensate; 􀁾􀀠uncontaminated ground water or spring water; and foundation or footing drains where flows
are not contaminated with process materials such as solvents, B. Releases in Excess ofReportable Quantities The discharge of hazardous substances Or oil in the storm water discharge(s)
from a faclllty shall be prevented Of minimized in accordance with the applicable storm water pollution prevention plan for the facility. This permit does not relieve the permittee of
the reporting requirements of 40 CFR 110. 40 CFR 117 and 40 CFR 302. Where a release containing a hazardous substance Of oil in an amount equal to or in excess of a reportable quantity
established under either 40 CFR 110. 40 CFR 117 or 40 CFR 302. occurS during a 24 hour period: 1. The permittee is required to notify the National Response Center (NRC) (800-424-8802;
in the Washington. DC. metropolitan area call 202-426-2675) in accordance with the reqUirements of40 CFR IIO. 40 CFR 1I7 and 40 CFR 302 as soon as he or she has knowledge of the discharge;
2. The storm water pollution prevention plan required under Part IV of this permit must be modified within 14 calendar days of knowledge of the release to: provide a description of the
release. the circumstances leading to the release. and the date ofthe release. In addition. the plan must be reviewed to identify measures to prevent the reoccurrence of such releases
and to respond to such releases. and the plan must be modified where appropriate. C. Spills This permit does not authorize the discharge of hazardous substances or oil resulting from
an on-site spill. D. Discharge Compliance With Water Quality Standards Operators seeking coverage under this permit shall not be causing or have the reasonable potential to caUSe or
contribute to a violation of a water qual!ty standard. Where a discharge Is already authorized under this permit and is later determined to cause Of have the reasonable potential to
cause or contribute to the violation ofan appl!cabJe water quality standard. the Director will notifY the operator ofsuch violalion(s). The permittee shall take all necessary actions
to ensure future discharges do not cause or contribute to the violalion ofa water quality standard and document these actions in the storm water pollution prevention plan. If violations
remain or 􀁲􀁥􀁾􀁯􀁣􀁣􀁵􀁲􀀮􀀠then coverage under this permit may be terminated by the Director. and an alternative general permit or individual permit may be issued. Compliance with
this requirement does not preclude any enforcement activity as provided by the Clean Water Act for the underlying violation. E. Responsibilities o[Operators Permittees may meet one or
both of the operational control components in the definition of"operator" found in Part IX.N. Either Parts 1l1.E.l or 1l1.E.2 or both will apply dependIng on the type of operational
control exerted by an individual permittee. Part 1l1.E.3 applies to all permittees. 1. Permittees with operational control control over construction plans and specifications, Including
the ability to make modifications to those plans and specifications (e.g., developer or owner). must: a. Ensure the project specifications that they develop meet the minimum requirements
of Part N (Storm Water Pollution Prevention Plans (SWPPP)) and all other applicable condltlons; b. Ensure that the SWPPP Indicates the areas of the project where they have operational
control over project specifications (including the ability to make modifications In specifications). and ensure all other pennittees implementing portions of the SWPPP Jmpacted by any
changes they make to the plan are notified ofsuch modiflcations in a tJmely manner; and c. Ensure that the SWPPP for portions of the project where they are operators Indicates the name
and NPDES permit number for parties with day-to-day operational control of those activities necessary to ensure compliance with the SWPPP or other permit conditions. If these parties
have not been identified at the time the SWPPP is initially developed. the permittee with operational control over project specifications shall be considered to be the responsible party
until such time as the authority is transferred to another party (e.g .. general contractor) and the plan updated. 2. Permittee(s) with day-to-day operational control ofthose activities
at a project which are necessary to ensure compliance with a SWPPP for the site or other permit condltlons (e.g .. general contractor) must: a. Ensure that the SWPPP for portions of
the project where they are operators meets the minimum requirements of Part IV (Storm Water Pollution Prevention Plan) and identifies the parties responsible for Implementation of control
measures identified In the plan; b. Ensure that the SWPPP indicates areas of the project where they have operational control over day-to-day activities: c. Ensure that the SWPPP for
portions ofthe project where they are operators indicates the name and NPDES permit number of the party(ies) with operational control over project specifications (Including the ability
to make modifications In specifications); 3. Permittees with operational control over only a portion of a larger construction prqject (e.g .. one offour homebuilders in a subdivision)
are responsible for compliance with all applicable terms and conditions of this permit as it relates to their actlvJties on their portion of the construction site, Including protection
ofendangered species and implementation of BMPs and other controls required by the SWPPP. Permittees shall ensure either directly or through coordination with other permittees, that
their activities do not render another party's pollution controls lneffective. Permittees must either implement their portions ofa common SWPPP or develop and Implement their own SWPPP.
F. Consistency With the Texas Coastal Management Program This permit does not relieve permittees whose construction project is located within the boundary of the Texas Coastal Management
Program of their responsibility to insure consistency with all applicable reqUirements of this State program. While pre-construction approval of development projects is not within the
jurisdiction ofthe Federal NPDES permit program. State or local preconstruction project approvals andlor permits may be reqUired. The permittee's Storm Water Pollution Prevention Plan
must be consistent with any stonn water discharge-related requirements established pursuant to. or necessary to be consistent with, the Texas Coastal Management Program. This permit
may be reopened. upon petition by the State. to Include mare stringent discharge requirements applying to areas within the State's deSignated coastal zone. The Texas Coastal Management
Program boundary covers part or all of the following Texas Counties: Aransas. Brazoria. Calhoun. Cameron, Chambers. Galveston, Harris. Jackson. Jefferson. Kenedy. Kleberg, Matagorda.
Nueces, Orange. Refugio. San Patricio. Victoria. and Will.cy. To determine ifa construction project is located within the Texas Coastal Zone, and if so, the applicable requirements of
the Texas Coastal Management Program. please 
36502 Federal Rt fer/VoL 63, No. la8/Monday, July 6, 98/Notices contact the Texas General Land Office's .. Coastal Hotline at l-80Q.-8S-BEACH or . access their Internet site at ''http://red,glo.state
,tx.us/res-mgmtlcoastal/". Information is aJso available from the Texas Coastal Coordination Council's Coastal Permitting Assistance Office at J-888-3-PERMIT or via the Internet at ''http://red,glo,s
tate,tx.us! coastalpermitsl" . Part IV. Storm Water Pollution Prevention Plans At least one storm water pollution prevention plan (SWPPP) shall be developed for each rnnstruction project
Or site covered by this permit For more effective coordination of BMFs and opportunities for cost sharing, a cooperative effort by the different operators at a site to prepare and participate
in a comprehensive SWPPP is encouraged. Individual operators at a site may. but are not reqUired. to develop separate SWPPPs that cover only their portion of the project provided reference
is made to other operators at the site. In instances where there is more than one SWPPP for a site, coordination must be conducted between the permittees to ensure the storm water discharge
controls and other measures are consistent with one another (e,g .. provisions to protect listed species and critical habitat), Storm water pollutlon prevention plans shall be prepared
in accordance with good engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality ofstorm water discharges
from the construction site. The SWPPP shall describe and ensure the implementation of practices which will be used to reduce the pollutants in stonn water discharges associated with
construction activity at the construction site and assure compliance with the terms and conditions ofthis permit, When developing SWPPPs. applicants must follow the procedures In Addendum
A of this permit to determine whether listed endangered or threatened species or critical habitat would be affected by the applicant's storm water discharges or storm water dL.charge-related
activities. Any information on whether listed species or critical habitat are found in proximity to the construction site must be included in the SWPPP. Any terms or conditions that
are imposed under the eligibility requirements of Part I,B.3,e and Addendum A of thi' permit to protect listed species or Critical habitat from storm water discharges or storm water
discharge-related activity mUst be incorporated into the SWPPP. Permittees must implement the applicable provisions ofthe SWPPP required under this part as a condition of this permit.
A. Deadlines for Plan Preparation and Compliance The storm water pollution prevention plan shall: I. Be completed prior to the submittal of an NOI to be covered under this permit (except
as provided in Parts IT,A.S and Il.A,6) updated as appropriate; and 2, Provide for compliance with the terms and schedule of the SWPPP beginning with the Initiation of construction activities.
B, Signature, Plan Review and Making Plans Available I, I, The SWPPP shall be signed in accordance with Part V1.G, and be retained on-site at the fadlity whIch generates the storm water
discharge in accordance with Part V (Retention of Records) ofthis permit, 2. The permittee shall post a notice near the main entrance of the construction site with the following infonnation:
a, The NPDES permit number for the project or a copy of the NO! ifa permit number has not yet been assigned; b, The name and telephone number of a local contact person; c, A briefdescription
of the project: and d. The location of the SWPPP if the Site is inactive or does not have an 􀁯􀁮􀁾􀀠site location to store the plan. Ifposting thIs information near a main entrance
is infeasible due to safety concems, the notice shall be posted in a local public bUilding, If the construction project is a linear construction project (e.g .. pipeline. highway, etc.),
the notice must be placed in a publicly accessible location near where construction is actively underway and moved as necessary. This permit does not provide the public with any right
to trespass on a construction site for any reason. including inspectton of a site; nor does this permit require that permittees allow members of the public access to a construction site.
3, The permittee shall make SWPPPs available upon request to the Director. a State, Tribal or local agency approving sediment and erosion plans, grading plans, or storm water management
plans; local government officials; or the operator of a municipal separate stonn sewer receiving discharge..,; from the site. The copy of the SWPPP that is required to be kept on-site
or locally available must be made available to the Director for review at the time ofan on-site inspection. Also. in the interest of public involvement, EPA encQurages perm ittees to
make their SWPPPs available to the public for viewing during normal business hours. 4. The Director may notify the permittee at any time that the SWPPP does not meet one or more ofthe
minimum requirements of this Part. Such notification shall identify those provision of this pennit which are not being met by the SWPPP as well as those requiring modification in order
to meet the minimum reqUirements of this Part. Within seven (7) calendar days of receipt of such notification from the Director (or as otherwise provided by the Director). the permittee
shall make the required changes to the SWPPP and shall submit to the Director a written certification that the requested changes have been made, The Director may take appropriate enforcement
action for the period of time the permittee was operating under a plan that did not meet the minimum requirements of this permit. C. Keeping Plans Current The permittee must amend the
storm water pollution prevention plan whenever: L There is a change in design. construction, operation. or maintenance which has a significant affect on the discharge of pollutants to
the waters of the United States which has not been addressed in the SWPPP; or 2. Inspections or investigations by site operators, local. State, Tribal or Federal offiCials Indicate the
SWPPP is proving ineffective in elimInating or significantly minimizing pollutants from sources identified under Part lV,D.I of this permit, or is otherwise not achieving the general
objectlveJl of controlling pollutants in storm water discharges associated with construction activity. D. Contents ofPlEn The storm water pollution prevention plan (SWPPP) shall Include
the following Items: 1. Site De..criptton Each SWPPP shall provide a description of potential pollutant sources and other infonnation as Indicated below: a, A description of the nature
of the construction activity; b, A description of the intended sequence of major activities which disturb soils for major portions of the site (e.g" grubbing, excavation. grading. utllities
and infrastructure installation); c, Estimates of the total area of the site and the total area of the site that is 
\ 36503Federal E. 5ter/Vol. 63, No. 1281 Monday, July 6, J98/Notices expected to be disturbed by excavation, grading. or other activities including off. site borrow and fill areas; d.
An estimate of the runoff coefficient of the site for both the preconstruction and post-construction conditions and data describing the soil or the quality of any discharge from the
site; e. A general location map (e.g., a portion of a city or county map) and a site map Indicating the following: drainage patterns and approximate slopes anticipated after major grading
activities; areas of soil disturbance; areas which will not be disturbed; locations of major structural and nonstructural controls identified in the SWPPP; locations where stablllzation
practices are expected to occur; locations of off-site material. waste, borrow or equipment storage areas; surface waters (Including wetlands); and locations where storm water discharges
to a surface water; f. Location and description of any discharge associated with industrial activity other than construction. including storm water discharges from dedicated asphalt
plants and dedicated concrete plants. which is covered by this permit; g. The name of the receiving water(s) and the areal extent and description of wetland or other special aquatic
sites (as described under 40 CFR 230.3(q-l)) at or near the Site which will be disturbed of which will receive discharges from disturbed areas of the project: h. A copy of the permit
requlrements (attaching a copy of this permit Is acceptable): i. Information on whether listed endangered Of threatened species, Of critical habitat, are found in proximity to the construction
activity and whether such species may be affected by the applicant's storm water discharges or stonn water discharge-related activities; and j. Information on whether storm water discharges
or stonn water dlschargerelated activities would have an affect on a property that is listed or eligible for listing on the National Register of Historic Places: where effects may occur,
any written agreements with the State Historic Preservation Officer. Tribal HistoriC Preservation Officer, or other Tribal leader to mitigate those effects. 2. Controls Each SWPPP shall
include a description of appropriate control measures (I.e.. BMPs) that wlll be implemented as part of the construction activity to control pollutants in storm water discharges. The
SWPPP must clearly describe for each major activity identified in Part IV.D.l.b: (a) appropriate control measures and the general timing (or sequence) during the construction process
that the measures will be implemented: and (b) which permittee Is responsible for implementation (e.g., perimeter controls for one portion of the site will be installed by Contractor
A after the clearing and grubbing necessary for installation of the measure, but before the clearing and grubbing for the remaining portions of the site; and pertmeter controls will
be actively maintained by Contractor B until 1mal stabilization of those portions of the site up-gradient of of the perimeter control; and temporary perimeter controls will be removed
by the owner after final stab!lization). The description and implementation of control measures shall address the following minimum components: a. Erosion and Sediment Controls. (I)
Short and Long Term Goals and Criteria: (a) The construction-phase erOSion and sediment controls should be designed to retain sediment on site to the extent practicable. (b) All control
measures must be properly selected, Installed, and maintained In accordance with the manufacturerS specifications and good engineering practices. Ifperiodic inspections or other information
indicates a control has been used inappropriately. or incorrectly. the permittee must replace or modif'y the control for site situations. (c) Ifsediment escapes the construction site,
off-site accumulations of sediment must be removed at a frequency sufficient to minimize offsite Impacts (e.g.. fugitive sediment in street could be washed into storm sewers by the next
rain andlor pose a safety hazard to userS ofpublic streets). (d) Sediment must be removed from sediment traps or sedimentation ponds when design capacity has been reduced by 50%. (e)
Litter. construction debris, and construction chemicals exposed to storm water shall be prevented from becoming a pollutant source for storm water discharges (e.g., screening outfalls,
picked up dally). (f) Offsite material storage areas (also including overburden and stockpiles of dirt. borrow areas. etc.) used solely by the permitted project are considered a part
of the project and shall be addressed in the SWPPP. (2) Stabilization Practices: The SWPPP must include a description of interim and pennanent stabilization practices for the site, Including
a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
Stabillzation practices may Include but are not limited to: establishment of temporary vegetation, establishment of permanent vegetation. mulching, geotextiles. sod stabilization. vegetative
buffer strips, protection of trees, preservation of mature vegetation, and other approprIate measures. Use of impervious surfaces for stabilization should be avoided. The following records
shall be maintained and attached to the SWPPP: the dates when major grading activities occur: the dates when construction activities temporarily or permanently cease on a portion of
the site: and the dates when stabilization measures are Initiated. Except as provided in Parts N.D.2.a.(2)(a), (b), and (c) beiow. stabilization measures shan be initiated as soon as
practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion
of the site has temporarily or permanently ceased. (a) Where the Initiation of stabilization measures by the 14th day after construction activity temporary or pennanently cease Is precluded
by snow cover or frozen ground conditions, stabilization measures shaH be initiated as soon as practicable. (b) Where construction activity on a portion of the site is temporarily ceased.
and earth disturbing activities will be resumed within 21 days, temporary stabilization measures do not have to be Initiated on that portion ofsite. (c) In arid areas (areas with an
average annual rainfall of 0 to 10 Inches). semiarid areas (areas with an average annual rainfall of 10 to 20 inches), and areas experiencing droughts where the initiation of stabilization
measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonal arid conditions, stabilization measures shall be initiated as soon
as practicable. (3) Structural Practices: The SWPPP must include a description ofstructural practices to divert flows from exposed soils. store flows or otherwise limit runoffand the
discharge ofpollutants from exposed areas of the site to the degree attainable. Structural practices may include but are not limited to: silt fences, earth dikes, drainage swales, sediment
traps. check dams. subsurface drains, pipe slope drains. level spreaders. storm drain inlet protection, 
36504 \ Federal lL....-ster/Vol. 63, No. 128/Monday, july 6, .;}98/Notices rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins.
Placement of structural practices in floodplains should be avoided to the degree attainable. The installation of these devices may be subject to section 404 of the CWA. (s) For common
drainage locations that serve an area with ten (10) or more acres disturbed at one time. a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff
from a 2 year, 24 hour storm from each disturbed acre drained, or equivalent control measures, shall be provided where attainable until final stabilization of the site. Where nO such
calculation has been performed, a temporary (or permanent) sediment basin providing 3,600 cubic reet of storage per acre drained, or equivalent control measures. shall be provided where
attainable until final stabilization of the site. When computing the number ofacres draining into a common location it is not necessary to include flaws from offsite areas and flows
from onsite areas that are either undisturbed or have undergone final stabiliZation where such flows are diverted around both the disturbed area and the sediment basin. In determining
whether installing a sediment basin is attainable, the pennlttee may consider factors such as site soils. slope, available area on site, etc. In any event, the permittee must consider
public safety, especially as It relates to children, as a design factor for the sediment basIn and alternative sediment controls shalt be used where site limitations would preclude a
safe design. For drainage locations which serve ten (10) or more disturbed acres at one time and where a temporary sediment basin or equivalent controls is not attainable. smaller sediment
basins andlor sediment traps should be used. Where neither the sediment basin nor equivalent controls are attaInable due to site limitations, silt fences, vegetative buffer strips, or
equivalent sediment controls are required for all down slope boundaries of the construction area and for those side slope boundaries deemed appropriate as dictated by individual sIte
conditions. EPA encourages the use ofa combination of sediment and erosion control measure."i in order to achieve maximum pollutant removaL (b) For drainage locations serving less than
I 0 acres. smaller sediment basins andlor sediment traps should be used. At a minimum, silt fences, vegetative buffer strips, or equIvalent sediment controls are required for all down
slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction area unless a sediment basin providing storage
for a calculated volume of runoff from a 2 year, 24 hour storm or 3.600 cubic feet of storage per acre drained is proVided. EPA encourages the use of a combination of sediment and erosion
control measures in order to achieve maximum pollutant removal. b. Storm Water Management. A description of measures that will be Installed during the construction process to control
pollutants in storm water discharges that will occur after construction operations have been completed must be included in the SWPPP. Structural measures should be placed on upland soils
to the degree attainable. The installationof these devices may also require a separate permit under section 404 of the CWA. Permittees are only responsible for the installation and maintenance of storm water management measures
prior to final stabilization of the site, and are not responsible for maintenance after storm water discharges associated with construction activity have been eliminated from the site.
However, postconstruction stonn water BMPs that discharge pollutants from point sources once construction is completed may. in themselves, need authorization under a separate NPDES permit.
(I) Such practices may include but are not limited to: stonn water detention structures (including wet ponds); storm water retention structures; flow attenuation by use of open vegetated
swales and natural depressions; infiltration of runoff onsile: and sequential systems (which combine several practices). The SWPPP shall include an explanation of the technical basis
used to select the practiCes to control pollution where flows exceed predevelopment levels. (2) Velocity dissipation devices shall be placed at discharge locations and along the length
ofany outfall channel to provide a non--erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained
and protected (e.g., no Significant changes in the hydrological regime of the receiving water). c. Other Controls. (l) No solid materials. including building materials, shall be discharged
to waters of the United States, except as authorized by a permit Issued under section 404 of the CWA. (2) Off·slte vehicle tracking of sediments and the generation of dust shall be minimized.
(3) The SWPPP shall be consistent with applicable State, Tribal andlor local waste disposal, sanitary sewer or septic system regulations to the extent these are located within the permitted
area. (4) The SWPPP shall include a description of construction and waste materials expected to be stored on-site with updates as appropriate. The SWPPP shall also include a description
of controls to reduce pollutant") from these materials including storage practices to minImize exposure of the materials to storm water. and spill prevention and response.(5) The SWPPP
shall include a description of pollutant sources from areas other than construction (including storm water discharges from dedicated asphalt plants and dedicated concrete plant'), and
a description of controls and measures that win be jmplemented at those sites to minimize pollutant discharges. (6) The SWPPP shall include a description of measures necessary to protect
listed endangered or threatened species, or critical habitat, including any terms or conditjons that are imposed under the eligibillty reqUirements of Part !.B.3.e(4) of this permit.
Failure to describe and implement such measures wilt result in storm water discharges from construction activities that are ineligible for coverage: under this permit. d. Approved State,
Tribal or Local Plans. (I) Permittees which discharge storm water associated with construction activities must ensure i:heir storm water pollution prevention plan is consistent with
requirements specified in applicable sediment and erosion site plans or site permits. or stonn water management sjte plans or site permits approved by State, Tribal or local offiCials.
(2) Storm water pollution prevention plans must be updated as necessary to remain consistent with any changes appllcable to protecting surface water resources in sediment and erosion
site plans or site permits, or stonn water management site plans or site permits approved by State, Tribal or local officials for which the permittee receives written notice. 3. Maintenance
All erosion and sediment control measures and other protective measures identified in the SWPPP must be maintained in effective operating condition. If site inspections required by Part
JV.DA. identify BMPs that are not operating effectively, maintenance shall be performed before the next antiCipated storm event, or as necessary to maintain the continued effectiveness
ofstorm 
36505 i .Federal k..,/ster/Vol. 63, No. 128/Monday, July 6, .,l98/Notices water controls. If maintenance prior to the next anticipated stann event is impracticable, maintenance must
be scheduled and accompllshed as soon as practicable. 4. Inspections Qualified personnel (provided by the permittee or cooperatively by multiple permittees) shall inspect disturbed areas
of the construction site that have not been finally stabilized, areas used for storage ofmaterials that are exposed to precipitation, structural control measures, and locations where
vehicles enter or exit the site. at least once every fourteen (l4) calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. Where sites have been finally
or temporarily stabilized, runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice. or frozen ground exists). or during seasonal arid periods in arid areas
(areas with an average annual rainfall of 0 to 10 inches) and semi-arid areas (areas with an average annual rainfali of 10 to 20 inches) such inspections shall be conducted at least
once every month. Pennittees are eligible for a waiver of monthly inspection requirements until one month before thawing conditions are expected to result in a discharge if all of the
follOWing reqUirements are met: (1) the project is located in an area where frozen conditions are antiCipated to continue for extended periods of time (i.e., more than one month); (2)
land disturbance activities have been suspended; and (3) the beginning and ending dates of the waiver period are documented in the SWPPP. a. Disturbed areas and areas used for storage
of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Sediment and erosion control measures
identified in the SWPPP shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible. they shall be inspected to ascertain whether
erosion control measures measures are effective in preventing significant impacts to receiving waters. Where discharge locations are inaccessible, nearby downstream locations shal! be
Inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site shaH be inspected for evidence of offsite sediment tracking.b. Based on
the results of the inspection, the SWPPP shall be modified as necessary (e.g., show additional control. on map required by Part IV.D.I; revise description of controls required by Part
IV.D.2) to include additional or modified BMPs designed to correct problems identified. Revisions to the SWPPP shall be completed within 7 calendar days following the inspection, If
existing BMPs need to be modified or if additional BMPs are necessary, implementation shan be completed before the next anticipated storm event. Ifimplementation before the next anticipated
storm event is impracticable. they shall be implemented as soon as practicable, c. A report summarizing the scope of the inspection, name(s) and qualifications ofpersonnel making the
inspection, the date(s) of the Inspection, and major observations relating to the implementation of the SWPPP shall be made and retained as part of the SWPPP for at least three years
from the date that the site is finally stabIlized. Major observations should include: the Iocation(s) of discharges ofsediment or other pollutants from the site; location(s) of BMPs
that need to be maintained; location(s) ofBMPs that failed to operate as designed or proved inadequate for a particular location; and location(s) where additional BMPs are needed that
did not exist at the time of inspection. Actions taken in accordance with Part IV,DA.b of this permit shall be made and retained as part of the storm water pollution prevention plan
for at least three years from the date that the site is finally stabillzed. Such reports shall identify any Incidents of noncompliance. Where a report does not Identify any inCidents
of noncompliance. the report shall contain a certification that the facility Is in compliance with the storm water pollution prevention plan and this permit. The report shall be signed
in accordance with Part Vl.G of this permit. 5. Non-Storm Water Discharges Except for flows from fire fighting activities, sources of non-storm water listed in Part 1II.A.2 or 3 of this
permit that are combined wIth stonn water discharges associated with construction activity must be identified in the SWPPP. The SWPPP shal! identify and ensure the implementation of
appropriate pollution prevention measures for the non-storm water component(s) of the discharge. Part V. Retention orRecords A. Documents The permittee shall retain copies of storm water
pollution prevention plans and all reports required by this permit. and records of all data used to complete the Notice ofIntent to be covered by this permit, for a period of at least
three years from the date that the site is finally stabilized. This period may be extended by request of the Director at anytime. E. Accessibility The permittee shall retain a copy of
the storm water pollution prevention plan required by this permit (including a copy of the permit language) at the construction site (or other local location accessible to the Director,
a State, Tribal or local agency approving sediment and erosion plans. grading plans. or storm water management plans; local government officials; or the operator of a municipal separate
storm sewer receiving discharges from the slte) from the date of project initiation to the date of final stabilization. Permittees with day-to-day operational control over SWppp implementation
shall have a copy of the SWPPP available at a central location on-site for the use of all operators and those identified as having responsibilities under the SWPPP whenever they are
on the construction site, C, Addresses Except for the submittal of NOls and NOTs (see Parts II.C and VIII.B, respectively), all written correspondence concerning discharges in any State,
Indian Country land or from any Federal facility covered under this permit and directed to the EPA. including the submittal of individual permit applications, shall be sent to the address
listed below: United States EPA, Region 6. Storm Water Staff, Enforcement and Compliance Assurance Division (GEN-WC), EPA SW Construction GP, P.O, Box 50625, Dallas, TX 75205. Part VI.
Standard Permit Conditions A. Duty To Comply 1. The Permlltee Must Comply With All Conditions of This Permit Any permit noncompliance constitutes a violation ofCWA and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification: or for denial ofa permit renewal application. 2, Penalties for Violations ofPenuit Conditions
The Director wlll adjust the civil and administrative penalties listed below In accordance with the CIvil Monetary Penalty Inflation Adjustment Rule (Federal Register: December 31, 1996.
Volume 61, Number 252. pages 6935969366. as corrected. March 20. i 997, Volume 62. Number 54, pages 13514
36506 Federal Ii .. "ster/Vo!. 63, No. 128/Monday, July 6, "::l98/Notices 13517) as mandated by the Debt Collection Improvement Act of 1996 for Inflation on a periodic basis. This rule
allows EPA's penalUes to keep pace with inflation. The Agency is required to review its penalties at least once every four years thereafter and to adjust them as necessary for inflation
according to a specified formula. The civil and administrative penalties listed below were adjusted for inflation starting in 1996. a. Criminal. (I) Negligent Violations. The CWA provides
that any person who negligently violates permit conditions implementing sections 301,302,306. 307,308.318, or 405 of the Actis suqject to a flne of not less than $2,500 nor mare than
$25,000 per day of violation, or by imprisonment for not more than I year, or both, (2) Knowing Violations, The CWA provides that any person who Knowingly violates permit conditions
implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is 􀁳􀁵􀁾􀁥􀁣􀁴􀀠to a flne ofnot less than $5,000 nor more than $50,000 per day of violation. Of by imprisonment
for not mare than 3 years, or both. (3) Knowing Endangerment. The CWA provides that any person who knowingly violates permit conditions implementing sections 301, 302, 306, 307,308,318,
or 405 ofthe Act and who knows at that time that he is placing another person in imminent danger of death or serious bod!Iy injury is subject to a fine of not more than $250,000, or
by imprisonment for not more than 15 years, or both, (4) False Statement. The CWA provides that any person who Knowingly makes any false material statement, representation, or certification
in any appllcation, record, report, plan, or other document filed or required to be maintained under tha Act or who knowingly falsifies, tampers with. or renders inaccurate, any monitoring
device or method required to be maintained under the Act, shall upon conviction, be punished by a fme of not more than $10,000 or by imprisonment for not more than two years, or by both.
Ifa conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a flne ofnot more than $20,000 per day of violation,
or by imprisonment ofnot more than four years, or by both. (See section 309,c.4 of the Clean Water Act), b. Civil Penalties. The CWA provides that any person who violates a permit condition
implementing sections 30I. 302, 306, 307, 308, 318, or 405 of the Act is subject to a civil penalty not to exceed $27,500 per day for each violation. c, Administrative Penalties, The
CWA provides that any person who violates a pennit condition implementing sections 301. 302. 306, 307, 308, 318, or 405 of the Act is subject to an administratiVe penalty, as follows:
(I) Class I Penalty, Not to exceed $11,000 per violation nor shall the maximum amount exceed $27,500, (2) Class1I Penalty, Not to exceed $11,000 per day for each day during which the
violation continues, nor shall the maximum amount exceed $137,500, B, Continuation ofthe Expired Ceneral Permit If this permit is not reissued or replaced prior to the expiration date,
it will be administratively continued in accordance with the Administrative Procedures Act and remain in force and effect. Any permittee who was granted pennit coverage prior to the
expiration date will automatically remain covered by the continued permit until the earlier of: 1. Reissuance or replacement of this pennit, at which time the permittee must comply with
the Notice of Intent conditions of the new permit to maintain authorization to discharge; or 2, The permittee's submittal ofa Notice of Termination: or 3. Issuance of an individual permit
for the permittee's discharges; or 4, A formal permit decision by the Director not to reissue this general permit, at which time the permittee must seek coverage under an alternative
general permit or an individual permit. C. Need To Halt or Reduce Activity Not a Defense It shall not be a defense for a pennittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit, D. Duty To Mitigate The permittee shall take all reasonable steps to minimize
or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. E, Duty To Provide Information The permittee
shan furnish to the Director or an authorized representative of the Director any information which is requested to determine compliance with this permit or other information. F. Other
Information When the permittee becomes aware that he or she failed to submit any relevant facts or submitted incorrect infonnation in the Notice of Intent or in any other report to the
Director, he or she shall promptly submit such facts or information. C, Signatory Requirements All Notices of Intent, Notices of Termination. storm water pollution prevention plans,
reports, certifications or information either submitted to the Director or the operator of a large or medium municipal separate storm sewer system, or that this permit reqUires be maintained
by the permittee, shall be signed as follows: I, All Notices ofIntent and Notices of Termination shall be signed as follows: a, For a corporation: by a responsible corporate officer,
For the purpose of this section. a responsible corporate officer means: a president. secretary. treasurer, or 􀁶􀁩􀁣􀁥􀁾􀁰􀁲􀁥􀁳􀁩􀁤􀁥􀁮􀁴􀀠of the corporation in charge of a princlpal
business function, or any other person who performs similar pollcy or decision-making functions for the corporation; or the manager of one or more manufacturing, production Or operating
facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (In second-quarter 1980 dollars) ifauthority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures; b, For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or c.
For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected officIal, For purposes of this section. a principal executive officer
of a Federal agency includes (I) the chief executive officer of the agency, or (2) a senior executive officer having responsibility for the overall operations of a principal geographic
unit ofthe agency (e,g .. Regional Administrators of EPA), 2, All reports required by this permit and other information requested by the Director or authorized representative of the
Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only If: a. The authorization
Is made in writing by a person described above and submitted to the Director. b, The authorization specifies either an individual or a position having responsibillty for the overall
operation of the regulated facility or activity. such as the position of manager, operator, superintendent, or position of equivalent responsibility or an 
36507 Federal h...,.ster/Vol. 63, No. 1281 Monday, July 6, ,998/Notices individual or position having overall responsibility for environmental matters . for the company. (A duly authorized
representative may thus be either a named individual or any individual occupying a named position). c. Changes to Authorization. Ifan authorization under Part D.B is no longer accurate
because a different operator has responsibility for the overall operation of the construction site. a new Notice of Intent satisfying the requirements ofPart n.B must be submitted to
the Director prior to or together wJth any reports. information, or applications to be signed by an authorized representative, The change in authortzation must be submitted within the
time frame specified in Part n.A.3, and sent to the address specified In Partn.C. d. Certification. Any person signing documents under Part VI.G shall make the following certification:
"r certify under penalty oflaw that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on my Inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the infonnation submitted is, to the best of my knowledge and belief. true. accurate. and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing vIolations.'• H. Penalties for Falsification ofReports Section 309(c)(4) of the Clean Water Act provides that
any person who knowingly makes any false material statement, representation, or certification in any record or other document submitted or required to be maintained under this permit.
including reports of compliance or noncompliance shall. upon conviction, be punished by a fine of not more than $lD.ODD. or by imprisonment for not more than two years. Or by both. i.
Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities. liabilities,
or penalties to which the permittee is or may be subject under section 311 of the CWA or section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA). J. Property Rights The issuance of this permit does not convey any property rights of any 􀁳􀁯􀁲􀁾􀀠nor any exclusive privileges, nor does it authorize any injury to private
property nor any invasion of personal rights. nor any infringement of Federal. State or local laws or regulations. K. Severability The provisions of this permit are severable, and if
any provision of this permit. or the application of any provision of this permit to any circumstance, is held invalid. the application ofsuch provision to other circumstances. and the
remainder of this permit shall not be affected thereby. L. Requiring an individual Permit or an Alternative General Permit I. The Director may reqUire any person authorized by this permit
to apply for andlor obtain either an Individual NPDES permit or an alternative NPDES general permit. Any interested person may petition the Director to take action under this paragraph.
Where the Director requires a permittee authorized to discharge under this permit to apply for an individual NPDES permit. the Director shall notify the permittee In writing that a permit
application is required. This notification shall include a brief statement of the reasons for this decision, an application form. a statement setting a deadline for the permittee to
file the application. and a statement that on the effective date of issuance or denial of the individual NPDES permit or the alternative general permit as it applies to the Individual
permittee. coverage under this general permit shall automatically terminate. Applications shall be submitted to the appropriate Regional Office indicated in Part V.C of this permit.
The Director may grant additional time to submit the application upon request of the applicant. If a permittee fails to submit In a timely manner an individual NPDES permit application
as required by the Director under this paragraph, then the applicability of this permit to the indlVldual NPDES permittee is automatically terminated at the end of the day specified
by the Director for application submittal. 2. Any permittee authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual permit.
In such cases, the permittee shall submit an individual application in accordance with the reqUirements of 40 CFR l22..2.6(c)(l)(ii). with reasons supporting the request. to the Director
at the address for the appropriate Regional Office indicated in Part V.C of this permit. The request may be granted by issuance of any individual permit Or an alternative general permit
Ifthe reasons cited by the permittee are adequate to support the request. 3. When an indiVidual NPDES permit is issued to a pennittee otherwise subject to this permit. or the permittee
Is authorized to discharge under an alternative NPDES general permit. the applicability of this permit to the Individual NPDES permittee is automatically terminated on the effective
date of the individual permit or the date of authorization of coverage under the alternative general permit. whichever the case may be. When an individual NPDES permit is denied to an
owner or operator otherwise subject to this permit, or the owner or operator j5 denied for coverage under an alternative NPDES general permit. the applicability of this permit to the
individual NPDES permittee Is automatically terminated on the date of such denial, unless otherwise specified by the Director. M. StatelTribal Environmental Laws I. Nothing in this permit
shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabllities. or penalties established pursuant to any applicable
StatefTribal law or regulation under authority preserved by section 510 of the Act. 2. No condition ofthis permit shall release the permittee from any responsibility or requirements
under other environmental statutes or regulations. N. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are Installed or used by the permittee to achieve compliance with the conditions of this permit and with the requirements ofstorm water
pollution prevention plans. Proper operatlon and maintenance also Includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance
requires the operation of backup or auxiliary facllities or similar systems, installed by a permittee only when necessary to achieve compJiance with the conditions of this permit. O.
Inspection and Entry The permittee shall allow the Director or an authorized representatlve of EPA. the StatefTribe. or, In the case of a construction site which discharges 
36508 Federal l\. jter/Vol. 63, No, 128/Monday, July 6, .<l98/Notices through a municipal separate storm sewer, an authorized representative of . the municipal owner/operator or the
separate storm sewer receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated
facility or activity is located or conducted or where records must be kept ,roder the conditions of this pennit; 2, Have acCess to and copy at reasonable times, any records that must
be kept under the conditions ofthis permit; and 3, Inspect at reasonable times any facilities or eqUipment (including monitoring and control equipment), P. Permit Actions This permit
may be modilled, revoked and reissued, or terminated for cause. The filing ofa request by the pennitt.. for a permit modification, revocation and reissuance. or termination, or a notlllcation
of planned changes or anticipated noncompliance does not stay any permit condition. Part VII, Reopener Clause A, If there is evidence indicating that the stonn water discharges authorized
by this permit cause, have the reasonable potential to cause or contribute to, a violation ofa water quality standard, the permittee may be required to obtain an indivIdual permit or
an alternative general permit in accordance with Part I.C of this pennlt, or the permit may be modified to Include different limitations and/or requirements, B. Permit modification or
revocation will be conducted according to 40 CFR 122,62,122.63, 122,64 and 124,5, C, EPA may propose a modification to this permit after further discussions between the Agency and the
AdviSOry Council on Historic Preservation for the protection of historic properties, Part VIn. Terminalion ofCoverage A. Notice ofTermination Permittees must submit a completed Notice
of Termination (NOT) that is signed in accordance with Part VI.G of this permit when one or more of the conditions contained in Part l.D,2, (Terminating Coverage) have been met at a
conSlJ'uction project, The NOT form found In Addendum D will be used unless It has been replaced by a revised version by the Director. The Notice of Termination shall Include the following
information: L The NPDES permit number for the storm water discharge identified by the Notice ofTermination; 2, An indication ofwhether the storm water discharges associated with construction
activity have been eliminated (Le" regulated discharges of storm water are being terminated) or the permittee Is no longer an operator at the site; 3, The name, address and telephone
number of the permittee submitting the Notice of Termination; 4, The name of the project and street address (or a description of location if no street address is available) of the construction
site for which the notification is submitted; 5, The latitude and longitude of the construction site; and 6, The following certification, signed in accordance with Part VI,G (signatory
reqUirements) of this permit, For construction projects with more than one permittee and/or operator, the permittee need only make this certification for those portionsof the construction site where the permittee was authorized under this permit and not for areas where the permittee was not an operator: "I certify under penalty of law that all storm
water discharges associated with industrial activity from the Identified fucllity that authorized by a general permit have been eliminated or that I am no longer the operator of the
facility or construction site. I understand that by submitting this notice oftennination, I am no longer authorized to discharge storm water associated with industrial activity under
this general permit, and that discharging pollutants in storm water associated with industrial activity to waters of the United States is unlawful under the Clean Water Act where the
discharge Is not authorized by a NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this
pennit or the Clean Water Act," For the purposes of this certification, elimination of storm water discharges associated with construction activity means that all disturbed soils at
the portion of the construction site where the operator had control have been finally stabilized (as defined in Part IX,J) and temporary erosion and sediment control measures have been
removed or will be removed at an appropriate time to ensure final stabilization is maintained, Or that all storm water discharges associated with construction activities from the identified
site that are authorized by a NPDES general permit have otherwise been eliminated from the portion of the construction site where the operator had control. B, Addresses I, AU Notices
ofTermination, signed in accordance with Part VI,G of this permit, are to be submitted using the farm provided by the Director (or a photocopy thereof), to the address specified on the
NOT form, PartIX,Definilions A, Best Management Practices ("BMPs') means schedules of activities, prohibitions ofpractices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants to waters of the United States, BMPs also include lJ'eatment requirements, operating procedures. and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw material storage. B, Control Measure as used in this permit, refers to any Best Management Practice or other method
used to prevent or reduce the discharge of pollutants to waters of the United States, C. Commencement ofConstruction the Initial disturbance of soils associated with clearing, grading,
or excavating activities or ather construction activities. D, CWA means the Clean Water Act or the Federal Water Pollution Control Act, 33 U,S,C, § 1251 et seq, E, Director means the
Reglonal Administrator of the Environmental Protection Agency or an authorized representative. F, Discharge when used without qualification means the "discharge ofa pollutant. " G. Discharge
ofStorm Warer Associated With Construction Activity as used in this permit, refers to a discharge of pollutants in storm water runofffrom areas where soil disturbing activities (e,g"
clearing, grading, or excavation), construction materials or equipment storage or maintenance (e,g" fill piles, borrow areas, concrete truck washout, fueling), or other industrial stonn
water directly related to the construction process (e.g .. concrete or asphalt batch plants) are located, H, Facility or Activity means any NPDES "paint source" or any other facility
or activity (including land or appurtenances thereto) that is subject to regulation under the NPDES program, I, Final Stabilization means that either: 1, All soil disturbing activities
at the site have been completed and a uniform (e,g" evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative
cover for the area 
36509 Federal k )rer/VoL 63, No. 128/Monday, July 6, .<l98/Notices has been established on all unpaved areas and areas not covered by . permanent structures. or equjvalent pennanent
stabilization measures (such as the use ofriprap, gabions. or geotextiles) have been employed. In some parts of the country, background native vegetatlon win cover less than 100% of
the ground (e.g., arid areas, beaches). Establishing at least 70% of the natural cover of native vegetation meets the vegetative cover criteria for final stabilization (e.g.. if the
native vegetation covers 50% of the ground. 70% of 50% would require 35% total cover for final stabilization; on a beach with no natmal vegetation. no stabilization is required); or
2. For individual lots in residential construction by either: (a) the homebuilder completing final stabilization as speCified above, or (b) the homebuilder establishIng temporary stabilization
including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization,
(Homeowners typically have an incentive to put in landscaping functionally equivalent to final stabilization as quick as possible to keep mud out of their homes and off their SIdewalks
and driveways,); or 3. For constructIon projects on land used for agricultural purposes (e,g., pipelines across crop or range land), final stabilization may be accomplished by returning
the disturbed land to Its preconstruction agricultural use. Areas disturbed that were not previously used for agrtcultural activities. such as buffer strips immediately adjacent to "waters
ofthe United States." and areas which are not being returned to their preconstructton agricultural use must meet the final stabilization Criteria in (1) or (2) above. ). Flow· Weighted
Composite Sample means a composlre sample consisting of a mixture of aHquots collected at a constant time IntervaL where the volume of each aliquot is proportional to the flow rate of
the discharge. K. Large and Medium Municipal Separate Storm Sewer System means all municJpal separate storm sewers that are either: I. Located In an incorporated place (City) with a
population of 100,000 or more as determined by the latest Decennial Census by the Bureau of Census (these Cities are listed in Appendices F and G of 40 CFR 122); or 2. Located in the
counties with unincorporated urbanized populations of 100,000 or more, except municipal separate stann sewers that are located in the incorporated places, townships or towns within such
counties (these counties are listed in Appendices Hand I of 4Q CFR 122); or 3, Owned or operated by a municipality other than those described in paragraph (i) or (ii) and that are designated
by the Director as part of the large or medium municipal separate storm sewer system. L. NOI means Notice of Intent to be covered by this permit (see Part 11 of this pennit). M, NOT
means Notice ofTennination (see Part Vlll of this pennit), N. Operator for the purpose of this permit and in the context of storm water associated with construction activity. means any
party associated with a construction project that meets either of the following two criteria: L The party has operational control over construction plans and specifications, including
the ability to make modifications to those pians and specifications; or 2. The party has day-to-day operational control of those activities at a project which are necessary to ensure
compliance with a stonn water pollution prevention plan for the site or other permit conditions (e.g" they are authorized to direct workers at a site to carry out activities required
by the SWPPP or comply with other pennlt conditions). This definition is provided to inform pennittees of EPA's interpretation of how the regulatory definitions of "owner or operator"
and "facility or activity" are applied to discharges of storm water associated with construction activity. O. Owner or operator means the owner Or operator of any "facility or activity"
subject to regulation under the NPDES program. p, Point Source means any discernible, confined. and discrete conveyance, Including but not limited to. any pipe, ditch, channel. tunnel,
conduit, well. discrete fissure, container. rolling stock, concentrated animal feeding operation, landfill leachate collection system. vessel or other floating craft from which pollutants
are or may be discharged. This tenn does not include return fiows from irrigated agriculture or agricultural stonn water runoff. Q. Pollutant is defined at 40 CFR 122.2. A partial listing
from this definition includes: dredged spoll, solid waste, sewage, garb.ge, sewage sludge. chemical wastes, biological mareri.Is, heat, wrecked or discarded eqUipment, rock, sand, cellar
dirt. and industrial or municipal waste. R. Runoffcoefficient means the fraction of total rainfall that will appear at the conveyance as runoff. S. Storm Water means stann water runoff,
snow melt runoff, and surface runoff and drainage. T. Storm Water Associated With Industrial Activity is defined at 40 40 CFR 122.26(b)(l4) and incorporated here by reference. Most relevant
to this permit 15 40 CFR 1 22.26(b)(14j(x), which relates to construction activity including clearing, grading and excavation activities that result in the disturbance of five (5) or
more acres of total land area, or are part cf a larger common plan of development or sale. U, Waters ofthe United States means: 1. All waters which are currently used, were used in the
past. or may be susceptible to use In Interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide: 2. Ali interstate waters, Including interstate
"wetlands"; 3. All other waters such as interstate lakes, rivers, streams (including intermittent streams), mudflats. sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or natural ponds, the use, degradation, Or destruction of which would affect or could affect interstate or foreign commerce including any such waters: a. Which are Or could be
used by interstate or foreign travelers for recreational or other purposes; b, From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; Or c. Which
are used or could be used for industrial purposes by industries in interstate commerce: 4. All impoundments of waters otherwise defined as waters of the United States under this defmition;
5, Tributaries of waters identified in paragraphs (a) through (d) of this definition; 6. The territorial sea; and 7. Wetlands adjacent to waters (other than waters that are themselves
wetlands) identified in paragraphs 1. through 6. of this definition, Waste treatment systems. including treatment ponds or lagoons designed to meet the reqUirements of the CWA (other
than cooling ponds for steam electric generation stations per 40 CFR 423 whIch also meet the criteria of this definition) are not waters of the United States. Waters of the United States
do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean
Water Act. the final authority regarding Clean 
36510 , FederalF.. ..,.steT/VoL 63, No. l28/Monday. July 6, .998/Notices Water Act Jurisdiction remains with EPA. Part X. Permit Conditions Applicable to Specific States and Indian Country
Lands The provisions of this Part provide additions to the applicable condltions of Parts I through IX of this permit to reflect specific additional conditions required as part of the
State or Tribal CWA Section 40 I certification process. The additiona1 revisions and requirements listed below are set forth in connection With. and only apply to. the following States
and Indian Country lands. 1. LAR10"IIItI: Indian Country Lands in the State ofLouisiana No additional requirements. 2. NMRlO"ll##: The State ofNew Mexico. Except Indian Country Lands
No additional requirements. 3. NMRi0*/1#1: Indian Country Lands in the State ofNew Mexico. Except Navajo Reservation Lands (see Region 9) and Ute Mountain Reservation Lands (see Region
8) a. Pueblo ofIsieta. Copies of Notices ofIntent (NOl). Notices ofTermination (Nan. and Storm Water Pollution Prevention Plans (SWPPPs) must be submitted to the Pueblo of Isleta's Environment
Department. Water Quality Program. (1) Part II.C.2 of the permit is added as follows: SpeCial NO! Requirements for the Pueblo of isleta. NOIs shall also be submitted to the Pueblo of
isleta's Environment Department, Water Quality Program, concurrently with their submission to EPA at the following address: isleta Environment Department. Water QUality Program, Pueblo
ofIsleta, PO Box 1270. Isleta, New Mexico 87022. (2) Part VJJI.B.2 is added to the permit as follows: Special NOI Requirements for the Pueblo of lsleta. NOTs shali also be submitted
to the Pueblo of Isleta's Environment 􀁄􀁥􀁰􀁡􀁲􀁴􀁭􀁥􀁮􀁾􀀠Water Quality Program, concurrently with their submission to EPA. NOTs are to be sent to the address given In Part II.C.2.
(3) Part lV.A.3 is added to the permit as follows: Special Storm Water Pollution Prevention Plan Requirements for the Pueblo of Isleta. Storm water pollution prevention plans must be
submitted to the Pueblo of Isleta Environment Department, Water Quality Prograro. ten working days prior to commencing the project on Pueblo oflsleta tribal lands. SWPPPs are to be sent
to the address given in Part II.C.z. b. Pueblo ofNambe. Copies of Notices oflntent (NOl). Notices ofTermination (NOT). and Storm Water Pollution Prevention Plans (SWPPPs) must be submitted
to the Pueblo of Nambe Department of Environment and Natural Resources. (1) Part 11.C.215 added to the permit as follows: Special NOI ReqUirements for the Pueblo of Nambe. NOis shall
also be submitted to the Pueblo of Nambe Department of Environment and Natural Resources at the same time they are submitted to EPA at the following address: Pueblo ofNambe. Department
ofEnvironment and Natural Resources. Route I Box 11788. Santa Fe, New Mexico 87501. Phone (505) 455-2036. Fax (505) 455-2038. (2) Part Vm.B.2 is added to the permit as follows: Special
NOT Requirements for the Pueblo of Nambe. NOTs shall also be submitted to the Pueblo ofNambe Department of Environment and Natural Resources at the same time they are submitted to EPA.
NOTs are to be sent to the address given in Part II.C.2. (3) Part IV.A.3 is added to the permit as follows: Special Storm Water Pollution Prevention Plan Requirements for the Pueblo
of Nambe. Storm water pollution prevention plans must be submitted to the Pueblo of Nambe Department of Environment and Natural Resources before the project on Pueblo of Nambe tribal
lands begins. SWPPPs are to be sent to the address given in Part II.C.2. c. Pueblo ofPicuris. Copies of Notices of Intent (NOl). Notices ofTermination (NOT), and Storm Water Pollution
Prevention Plans (SWPPPs) must be submitted to the Pueblo of Picuris Environment Department. (1) Part Il.C.2 is added to the permit as follows: Special NOI Requirements for the Pueblo
of Picuris. NOls shall also be submitted to the Pueblo ofPicuris Environment Department at the same time they are submitted to EPA at the following address: Pueblo ofPicuris, Environment
Department, P.O. Box 127, Penasco, New Mexico 87553, Phone (505) 587-2519, Fax (505) 587-1071. (2) Part VlII.B.2 is added to the permit as follows: Special NOT Requirements for the Pueblo
ofPicuris. NOTs shall also be submitted to the Pueblo of Picuris Environment Department at the same time 􀁴􀁨􀁾􀀠are submitted to EPA. NOTs are to be sent to the address given in Part
II.C.2. (3) Part lV.A.3is added to the permit as follows: Special Storm Water Pollution Prevention Plan Requirements for the Pueblo of Picuris. Storm water pollution prevention plans
must be submitted to the Picuris Environment Department before the project on Pueblo of Picuris tribal lands begins. SWPPPs are to be sent to the address given in Part II.C.2. d. Pueblo
ofPojoaque. Copies of Notices of Intent (NOi). Notices of Termination (NOT), and Storm Water Pollution Prevention Plans (SWPPPs) must be submitted to the Pueblo of Pojoaque Environment
Department Director. (I) Part II.C.2 is added to the permit as follows: Special NOI Requirements for the Pueblo of Pojoaque. NOlsshaU also be submitted to the Pueblo ofPojoaque Environment
Department Director at the same time they are submitted to EPA at the following address: Pueblo of Pojoaque. Environment Department, Route II. p.o. Box 208, Santa Fe, New Mexico 87501,
Phone (505) 455-3383, Fax (505) 455-3633. (2) Part VIII.B.2 of the permit is added as follows: Special NOT Requirements for the Pueblo of Pojoaque. NOTs shell also be submitted to the
Pueblo of Pojoaque Environment Department Director at the same time they are submitted to EPA. NOTs are to be sent to the address given in Part II.Co2. (3) Part IV.A.3 is added to the
permit as follows: Special Storm Water Pollution Preventlon Plan Requirements for the Pueblo of Pojoaque. Storm water pollution prevention plans must be submitted to the Pueblo ofPojoaque
Environment Department Director before the project on Pueblo of Pojoaque tribal lands begins. SWPPPs are to be sent to the address given In Part II.C.2. e. Pueblo ofSan Juan. No addltional
requirements. f. Pueblo ofSandia. Copies of Notices of Intent (NOl). Notices ofTermination (NOT). and Storm Water Pollution Prevention Plans (SWPPPs) must be submitted to the Pueblo
of Sandia Environment Department. (I) Part II.C.2 of the permit L, added as follows: Special NO! Requirements for the Pueblo of Sandia. NO]s shall also be submitted to the Pueblo of
Sandia Environment Department at the same time they are submitted to EPA at the following address: Pueblo of Sandia. Environment Department. Box 6008. Bernalillo. New Mexico 87004, Phone
(505) 867-4533; Fax (505) 867-9235. 
36511 Federal l\. _,,..kter/Vol. 63, No. 128/Monday, July 6, .998/Notices (2) Part Vlll.B.2 is added to the permit .sfollows; Special NOT Requirements for the Pueblo of Sandia, NOTs
shall also be submit",d to the Pueblo of Sand!a Environment Department at the same time they are submitted to EPA, NOTs are to be sent to the address given in Part Il.C,2. (3) Part IV.A.3
is added to the permit as follows; Special Storm Water Pollution Prevention Plan Requirements for the Pueblo of Sandia. Storm water pollution prevention plans must be submitted to the
Pueblo ofSandia Environment Department before commencement of the project on Pueblo of Sandia tribal lands, SWPPPs are to be sent to the address given in Pan ILC.2. g, Pueblo ofTesuque.
Cop!es of Notices of Intent (NOl), Notices of Termination (NOT), Storm Water Pollution Prevention Plans (SWPPPs), inspection reports, all certifications and "other infonnation" must
be submitted, by hand delivery or certlfled mail. to the Pueblo of Tesuque, (I) Part ILC.2 of the permit is added as follows: Special NO! Requirements for the Pueblo of Tesuque. NOls
shall also be submitted to the Pueblo of Tesuque at least five (5) days prior to any ground disturbing activity at the following address: Pueblo ofTesuque, Environment Department, Route
5. Box 3260-T. Santa Fe, New Mexico 87501, Phone (505) 983-2667; Fax (505) 9822331. (2) Pan VIll,B,2 is added to the permit as follows: Special NOT Requirements for the Pueblo of Tesuque,
NOTs shall also be submitted to the Pueblo of Tesuque at the same time they are submitted to EPA, NOTs are to be sent to the address given in Part 1l,C,2. (3) Part N,A,3 is added to
the perm!t as follows: Special Storm Water Pollution Prevention Plan Requirements for the Pueblo of Tesuque, Storm water pollution prevention plans must be submitted to the Pueblo of
Tesuque at least five (5) days prior to any ground disturbing activity on Pueblo of Tesuque tribal lands. SWPPPs are to be sent to the address given in Part II.C.2, (4) Part V.D is added
to the permit as follows: Special Reporting Requirement5 for the Pueblo of Tesuque, Copies ofall ccrtlflcations required by Section IV.D, and copies of "other infonnation" required by
Section Vl,F shall be provided to the Pueblo of Tesuque. by hand delivery or certlfied maiL Also, copies ofall inspection reports required under Section IV,D.4,c, shall be submitted
within five (5) days of completion of the Inspection, All information sent to the Pueblo of Tesuque is to be sent to the address given in Part 1l,C.2, h. Santa Claro Pueblo, Copies of
Notices of Intent (NO!) and Notices of Termination (NOT) must be submitted to the Santa Clara Pueblo Governors Office with a copy to the Office of Environmental Affairs, (I) Part tCA.
is added to the permit as foUows; SpecIal Authorization ReqUirements for the Santa Clara Pueblo, Prior to submitting a NoUa; of Intent. the operator must obtain permission from the Santa
Clara Governors Office to do the construction. If the project is approved by the tribal administration, the operator operator may proceed with submitting a Notice of Intent (N0l). (2)
Part lLC.2 is added to the permit as follows: Special NOI Requirement5 for the Santa Clara Pueblo. NOis shall also be submitted to the Santa Clara Pueblo Governors Office with a copy
to the Office of Environmental Affairs at least two (2) weeks prior to the start of construction at the following address: Santa Clara Governors Office, PO Box 580, Espanola, New Mexico
87532, Phone (505) 753-7326; Fax (505) 7538988. (3) Part VIIl.B,2 is added to the permit as follows; Special NOT Requirements for the Santa Clara Pueblo. NOTs shall also be submitted
to the Santa Clara Pueblo Governors Office with a copy to the Office of Environmental Affairs at least two (2) weeks prior to the start of construction. NOTs are to be sent to the address
given in Part Il.C.2. l. All Other Ind ian Countty lands in New Mexico, No additional requirements, 4. OKRlO*#lti: indian Country Lands in the State ofOklahoma No additional requirements.
5. OKRlO*##F: Oil and Gas Sites in the State ofOklahoma No additional requlrement5, 6, TXRlO*#II#: The Slate of Texas, Except indian Country Lands a. Part III of the permit is modified
as follows: Change the title of Pan Ill. (Special Conditions, Management Practices, and other Non-Numeric Limitations) to: Part ill, SpeCial Conditions, Management Practices, and other
Limitations. b. Part m.G is added to the permit as follows; Special Numeric Limitations for DIscharges from Ready-Mixed Concrete Plants in the State of Texas, except Indian Country lands.
All discharges of storm water from 􀁲􀁥􀁡􀁤􀁹􀁾􀁭􀁩􀁸􀁥􀁤􀀠concrete plants covered by this permIt must comply with the following limitations; pH-Between 6.0 and 9.0 standard (mit5 Oil
and Grease-i5 mg/I as a daily maximum Total Suspended Solids-65 mg/l as a daily maximum These limitations must be taken into account when designing the storm water control measures to
be used for areas draining any ready-mixed concrete plants operated by the permittee. 7, TXRlO*##i: indian Country Lands in the State ofTexas No additional requlrement5, Addendum A-Endangered
Species I. Instructions for Applicants A. Background To meet its Obligations under the Clean Water Act and the Endangered Species Act (liSA) and to promote those Acts' goals, the Environmental
Protection Agency {EPA) is seeking to ensure the activities regulated by the Construction General Permit (CGP) are protective ofendangered and threate:J"led species and critical habitat.
To ensure that those goals are met, applicants for CGP coverage are reqUired under Part LB.3.e. to assess the Impacts of their storm water discharges and storm water discharge-related
activities on Federally listed endangered and threatened species ("listed species") and designated critical habitat ("critical habitat") by following Steps One through Six listed below.
EPA strongly recommends that appl1cants follow these steps at the earliest possible stage to ensure that mea.<;ures to protect listed species and critical habitat are incorporated early
in the planning process. At minimum, the procedures should be followed when developing the storm water pollution prevention plan, Permittees and applicants also have an independent ESA
obligation to ensure that their activities do not result in any prohibited "ta.kes" ofllsted species.l Many of the measures reqUired in the CGP and in these instructions to protect species
may also assist permittees in ensuring that their construction activities do not result in a prohibited take ofspecies in violation of § 9 of the ESA. Applicants who pJan construction
activities in areas that harbor endangered and threatened species are advised to ensure that 1 Section 9 of the ESA prOhibits any person from "taking" a listed species (e,g" harassing
or hanning it) unless: (1) the raking is authoriZed rhrough a "inddental take statement" as part of undergoing ESA § 1 formal consultation; (2) where an incidental take permit1s obtained
under ESA § 10 (which requires the developmem ofa habitat conservation plan); or (3) where otherwise authorized or exempted under the ESA. This prohibition applies [0 all entities including
private individuals. businesses, and governments. 
36512 Federa11. .)ter/VoL 63, No. 128/Monday, July 6, ,998/Notices they are protected from potential takings liabiHty under ESA § 9 by ohlalning either an . ESA § 10 permit or by requesting
formal consultation under ESA § 1 (as described in more detail in Step Seven below). Applicants who seek protection from taklngs liability should be aware that it is possible that some
specific construction activities may be too unrelated to storm water discharges to be afforded incidental take coverage through an ESA § 7 consultation that is performed to meet the
eligibility requirements for CGP coverage. In such insfances, applicants should apply for an ESA § 10 permit. Where applicants are not sure whether to pursue a § 10 permit or a § 1 consultation
for takings protection, they should confer with the appropriate Fish and W UdHfe Service {FWS) or National Marine Flsheries Service (NMFS) office. This permit provides for the possiblHty
of multiple permittees at a construcUon site. Applicants should be aware that in many cases they can meet the permit eiigibU1ty requirements by relying on another operator's certification
ofeligibility under Part I.B.3.e.(2)(a). (b), Or (e). This is aIiowed under Part l.B.3.e.(2)(d) ofthe penmit. However. the other operator's certification must apply to the applicant's
project Mea and must address the effects from the applicant's storm water discharges and storm water discharge-related activities on listed speCies and critical habitat. By certifying
eligibility under Part I.B.3.e.(2)(dJ. the appllcant agrees to comply with any measures or controls upon which the other operator's certification under Part l.B.3.e.(2)(a). (b) or (e)
was based. This situation will typically occur where a developer or primary contractor, such as one for construction ofa subdivision or industrial park. conducts a comprehensive assessment
ofeffects on listed species and critical habitat for the entire construction project. certifies eligibiltty under Part I.B.3.e.(2)(al, (b) or (c), and that certification Is relled upon
by other operators (Le., contractors} at the site. However, applicants that consider relying on another operator's certification should carefully review that certification along with
any supporting information, Ifan applicant does not believe that the operator's certification provides adequate coverage for the applicant's storm water discharges and storm water discharge-re1ated
activities or for the applicant's particular project area, the applicant should provide its own independent certification under Part I.B.3.e.(2){a), (b), or (c). B. Procedures To receive
coverage under the Construction General Permit, applicants must assess the potential effects of their storm water discharges and storm water dischargtHelated activities on listed species
and their criticaL habitat. To make this assessment. applicants must follow the steps outlined below prior to completing and suhmitting Notice of Intent (N01) form. Applicants who are
able to cerlifyellgibllity under Parts I.B.3.e.(2)(b), (c) or (d) because ofa ofa prevIously issued ESA § 10 permit, a previously completed ESA § 7 consultation, or because the applicant's
activities were already addressed in another operator's certification ofeligibility may proceed directly to Step Six. Note.-The revised NOl form which was included in the CGP {see 62
FR 29822-29823, June 2, 19m requires that applicants provide detailed certification information on listed species. That form Is still under development and is not expected to he finalized
before thls permit is issued. UntU the revisedNOI form is finalized. appHcants must use the existing NOI form which does not contain the specific certlfication provisions relating to listed Species and crWcaI habitats at construction
projects. However, use ofthe existing NOI form does not relieve applicants of their obligation to foHow the procedures listed below to determine iftheir construction storm water discharges
or storm water diSCharge-related activities meet permit eligibility requirements for the protection of listed species and critical hahitat. By follOWing these instructions, applicants
will have suffiCient informaUon on llsted species and critical habitat in order to complete either the existiog or revised NOI form and sign the certification statement. Step One: Determine
ifthe Construction Site Is Found Within DeSignated Critical Habitat for Listed Species Some. hut not all, listed species have deSignated critical habitat. Exact locations of such habitat
is provided in the Service regulations at 50 CFR Parts 17 and 226. To determIne if their construction site occurs within designated critical habitat, applicants should either: • Contact
the nearest Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) Office. A list ofFWS and NMFS offices is found in Section n ofthls Addendum; or • Contact the
State or Tribal Natural Heritage Centers. These centers compile and disseminate information on Federally listed and other protected species. They frequently have the most current information
on Hsted speCies and critical habitat. A list of these centers is provided in Section ill of this Addendum; Or • Review those regulations (which can he found In many larger libraries).
If the construction site is not located in designated critical habitat, then the applicant does not need to constder impacts to critical habitat when following Steps Two through Sl.x
below. Ifthe site is located within critlcal habitat, then the applicant must look at impacts to critical habitat when following Steps Two through Six. Note that many but not all measures
lmposed to protect listed species under these steps will also protect critical habitat. Thus, meeting the eligihility requirements ofthis permit may require measures to protect critical
habitat that are separate from those to protect listed species. Step Two: DetermIne ifListed SpecIes Are Located In the County(ies) Where the Construction Activity Will Occur Section
IV of the Addendum contains a county·by-county list of listed endangered and threatened species C'listed species"). and proposed endangered and threatened species ("proposed species").
Sincc the list was current as of September I, 1991. applicants must also check with other sources for updated species and county information. These sources include: Sections II and ill
of thls Addendum: EPA's Office of Wastewater Management's web page at ''http://www.epa.gov/owm"whereupdatesofllie county·by-county list wiII be posted on a periodic basis; Federal Register
Notices; State wildlife protection offices; a biologist or similar professional in the environmental field: or any other method which can be reasonahiy expected to provide this information.
Applicants with construction projects located in EPA Region 2 and Regi.on 6 can cail the Storm Water General Permits Hotline at (800) 245-6510 for further assistance, while applicants
with projects located in EPA Regions 1,3,7,8.9 and 10 may contact the appropriate EPA Regional Office. Where a facility is located in more than one county. the lists for all counties
should be reviewed. Where a facility discharges into a water body which serves as a border between counties or which crosses a county line whlch is in the immediate vicinity of the point
of discharge, applicants should also review the species list for the county which lies immediately downstream or is across the water body from the point of discharge, After a review
of the available information from the sources mentioned ahove, ifno listed species are located in a facility's county or ifa facUity's county is not listed, and the construction site
is not located tn critical habitat as described under Step One. an appUcant is eligihle for COP coverage without further inquiry into the presence of. or effect to, listed species. The
applicant must check the appropriate certification item on the revised NO! form (part I.B.3.e.(2)(a)). Once the applicant has determined which listed species are located in his or her
facUity's county, the applicant must follow Step Three. Step Three: Determine ifany Federally Listed Endangered and Threatened Species May Be Present in the Project Area The project
area consists of: • The areas on the construction site where storm water discharges originate and flow toward the point ofdischarge into the recelvlng waters (induding areas where excavation,
site development, or other ground disturbance activities occur) and the lmmediate vicinity. Example(s) 1. Where bald eagles nest in a tree that Is on or bordering a construction site
and cou1d be disturbed by the construction actiVity, 2. Where grading causes storm water to flow into a small wetland or other habitat that 1s 00 the site which contains listed species.
• The areas where storm water discharges fiow from the construction site to the point ofdischarge into receiving waterS. Example(s) 1. Where storm water flows into a ditch, swale. or
gully which leads to receiving waters and where listed species (such as amphibians) are found in the ditch. swaJe, or gully. • The areas where storm water from construction activities
discharge into receiving waters and the areas in the immediate vicinity of the point ofdischarge, 
36513 Federal 1\ )ter/Vol. 63, No. 128/Monday, July 6, A98/Notices Example(s) 1. Where storm water from construction . activities discharges into a stream segment that is known to harbor
listed aquatic species. • The areas where storm water BMPs will be constructed and operated. including any areas where storm water flows to and from BMFs. Example(s) 1. Where a storm
water retention pond would be built. The project area will vary with the size and structure of the construction activity, the nature and quantity of the storm water discharges, the storm
water discharge·related activities and the type of receiving water. Given the number of construction activities potentially covered by the CGP, no specific method to determine whether
listed species may be located in the project area is required for coverage under the CGP. Instead, applicants should use the method which allows them to determine, to the best of their
knowledge, whether listed species are located in their project area. These methods may include: • Conducting vlsuallnspections: ThiS method may be particularly suitable for construction
sites that are smaller in size or located in 􀁮􀁯􀁮􀁾􀁮􀁡􀁴􀁵􀁲􀁡􀀱􀀠settings such as highly urbanized areas or industrial parks where there is little or no natural habitat, or for construction
activities that diSCharge dIrectly into municipal storm water collection systems. • Contacting the nearest State or Tribal wildlife agency, the FiSh and Wlldllfe Service (FWS), or the
National Marine Fisheries Service CNMPS). Many endangered and threatened species are found in welldefined areas or habitats. Such information is frequently known to State, Trlbal, or
Federal wildlife agencles. A list of FWS and NMFS offices is provided in Section II ofthIs Addendum below. • Contacting locallregional conservation groups or the State or Tribal Natural
Heritage Centers (see Section III ofthis Addendum). State and local conservation groups may have lOcation speciflc listed species Jnformation. The Natural Heritage Centers inventory
species and their locations and maintain lists of.ighting. and habitats. • Submitting a data request to a Natural Heritage Center, Many of these centers wUl provide site specific information
on the presence of listed species in a project area. Some ofthese centers will charge a fee for researching data requests. • Conducting a formal biological survey, Larger construction
sites with extensive storm water discharges may choose to conduct biological surveys as the most effective way to assess whether species are located in the project area and whether there
are likely adverse effects. Biological surveys are frequently performed by environment.al consulting firms. A biological survey can be used to follow Steps Four through Six of these
instructions. • Conducting an environmental assessment under the National Environmental Policy Act (NEPA). Some construction activities may require environmental assessments under NEPA.
Such asseSSments may indicate iflisted species are in the project area. Coverage under the COP does not trigger such an assessment because the permit dO£'-s not regUlate any dischargers
subject to New Source Performance Standards under Section 306 of the Clean Water Act. and 15 thus statutorily exempted from NEPA. See CWA §511{c}. However, some construction activities
might require review-under NEPA because of Federal funding or other Federal involvement in the project. If no species are found in the project area, an applicant is eligible for CGP
coverage. Applicants must provide the necessary certification on the revised NOI form. Iflisted species are found in the project area. applicants must indicate the location and nature
of this presence in the storm water pollutton prevention plan and follow Step Pour. Step Four: Determine ifLlsted Species or Crillesl Habitat Are Likely To Be Adversely A11ccted by the
Construction Activity's Storm Water Discharges or Storm Water 􀁄􀁩􀁳􀁣􀁨􀁡􀁲􀁧􀁥􀁾􀀠Related Activities To receive CGP coverage. applicants must assess whether their storm water dIscharges
or storm water discharge-related activities are likely to adversely affect listed species Or critical habitat. "Storm water dischargerelated activities" include: • Activities which cause,
contribute to, or result in point sou.rce stann water pollutant discharges. including but not limited to excavation. sile development, grading. and other surf.ace disturbance activlties;
and • Measures to control storm water discharges including the siting, construction, operation of best management practices (BMPs) to control, reduce or prevent storm water pollution.
Potential adverse effects from storm water discharges and storm water discharge-related activities include: • Hydrological. Storm water discharges may Cause siltation, sedimentation
or induce other changes in receiving waters such as temperature, salinity or pH. These effects will vary with the amount ofstorm water discharged and the volume and condition of the
receiving water, Where a storm water discharge constitutes a minute portIon ofthe total volume ofthe receiving receiving water. adverse hydcologlcaleffeclS ace less likely. Construction
activity itself may also alter drainage patterns on a sUe where construction occurs which can impact listed species or critical habitat. • Habltat. Excavation, site development. grading.
and other surface disturbance activities from construction activities, Including the Installation or placement of storm water BMPs, may adversely affect liSted species or thelt habitat.
Storm water may draIn or inundate listed species habitat. • Toxicity. In some cases. pollutants in storm water may have toxic effects on listed species. The scope of effects to consider
will vary with each site. Ifthe applicant is having diffk:ulty in determining whether his or her project is likely to adverSely Affect a listed species or critical habitat. then the
appropriate office of the FWS. NMFS or Natural Heritage Center listed in Sections II and III of this Addendum should be contacted for assistance. Ifadverse effects are not likely. then
the applicant should make the appropriate certification on the revised NOI form and apply for coverage under the permit. Ifadverse effects are likely, applicants must follow Step Five,
Step Five: Determlne ifMeasures Can Be implemented To Avoid Any Adverse Effecls Ifan applicant makes a preliminary determination that adverse effects are likely, it can still receive
coverage under Part I.B.3.e.(2)(a) ofthe CCP If appropclare measures are undertaken to avoid or eliminate the likelihood ofadverse effects prior to applying for permit coverage. These
measures may involve relatively simple changes to construction activities such as reo routing a storm water discharge to bypass an area where species are located. relocating BMPs. or
by changing the "footprint" of the construction activity, Applicants may wish to contact the FWS and/or NMFS to see what appropriate measures might be suitable to avoid or eliminate
the likelihood of adverse impacts to Hsted species and/or critical habitat. (See 50 CFR 402.13(b).) This Can entail the initiation of informal consultation with the FWS and/or NMFS which
is described In more detail in Step Six. Ifapplicants adopt measures to aVOid or eliminate adverse effects, they must continue to abide by those measures durIng the course of permit
coverage. These measures must be described in the storm water pollution prevention plan and may be enforceable as pennit conditions. Ifappropriate measures to avoid the likelihood ofadverse
effects are not avaUable to the applicant, the applicant must follow Step Six. Step Six: Determine ifthe Eligtbility RequlremenlS ofPartI.B.3.e.(2)(b)-(d) Can Be Met Where adverse effects
are likely. the applicant must contact the EPA and FWS/NMFS. Applicants may still be eligible for CGP coverage ifany likely adverse effects can be addressed through meeting the crlterla
of Pactl.B.3.e.(2)(b)-(d) oftha permit. These criteria are as follows: I, An ESA Section 7 Consultation Is Performed for the Applicant's Activity (See Fart I.B.3.e.(2)(b) Formal or informal
ESA § 7 consultation is performed with the FWS and/or NMFS which addresses the effects of the applicant's stOrm water discharges and storm water discharge-related activities on listed
species and critical habitat. The formal consultation must result in either a "no jeopardy opinion" or a 'Jeopardy opinion" that Identif'ICS reasonable and prudent alternatives to avoId
Jeopardy which are to be implemented by the applicant. The informal consultation must result in a written concurrence by the Service(s) on a finding that the applicant's storm water
discharge(s) and storm water discharge-related activities are not Hkely to adversely affect listed species or critical habitat (for informal consultation, see 50 CFR 402.13). 
,36514 Federal}, filer/Vol. 63. No, 128/Monday. July 6 .•998/Notices Most consultations are accomplished through informal consultation. By the terms . ofthls permit, EPA has automatlcally
designated applicants as non-Federal representatives for the purpose of conducting infOffilal consu!taHons. See Part l.B,3.e.(5) and 50 CFR 102,08 and 402,13, When conducting informal
£SA § 7 consultation as a 􀁮􀁯􀁮􀁾􀁆􀁥􀁤􀁥􀁲􀁡􀁬􀀠representative. applicants must follow tha procedures found in 50 CFR 402 of the ESA regulations. Applicants must also notify EPA and
the Services of their intention and agreement to conduct consultation as a non·Pederal representative, Consultation may occur in the context ofanother Federal action at the constructiOn
site (e.g., where BSA § 7 consultation was performed for issuance of a wetlands dredge and till permit for the project or where a NEPA review is performed for the project which incorporates
a section 7 consultation). Any terms and cond ttions developed through consultations to protect listed species and critical habitat must be incorporated into the SWPPP. As noted above,
applicants may, ifthey wish, inUiate consultation with the Services at Step Five. Whether ESA § 7 consultation must be performed with either the FWS, NMFS or both Services depends on
the liSted species which may be affected by the applicant's activity. In general. NMFS hasjurlsdiction over marine. estuarine, and anadromous species, Applicants should also be aware
that whUe formal § 7 consultation prOVides protection from incidental takings Iiabillty. informal consultatton does not. 2. An Incidental Taking Permit Under Section 10 of the ESA Is
Issued for the Applicants Acttvity (See Part I.B.3,e, (2)(c» The applicant's construction activities are authorized through the issuance ofa permit under § 10 of the ESA and that authol'lzation
addresses the effects of the applicant's storm water discharge(s) and storm water dtscharge·related activities on listed species and critical habitat. Applicants must follow fWS andlor
NMFS procedures when applying for an ESA Section 10 permit (see 50 CFR § 17,22(0)(1) (FWS) and § 222.22 (NMFS», Application inStructions for Section 10 permits for NMFS species can be
obtained by (I) .cc..slng tha "Office of Protected Resources" sector of the NMFS Home Page at ''http://www.nmfs.gov'' or by contacting the National Marine FIsheries Service, Office ofProtected
Resources, Endangered Speci..Division, F1PR3. 1315 East·West Highway, Silver Spring. Maryland 20910; telephone (301) 713-1401. fax (301) 713-0376. 3. The Applicant Is Covered Under the
Eligibility Certification of Another Operator for the Project Area (See Part LB,3,e,(2) (d» The applicant's storm water discharges and storm water dlscharge.related activities were already
addressed in another operator's certification of eligibility under Part I.B,3,a,(2)(b). or (c) whIch also included the applicant's project area. By certifying eligibility under Part
1.8.3.e.(2)(d). the applicant 08""" to comply with any measures or controls upon which the the other operator's certlflCation under Part I.B,3.e,(2)(.). (b) or (e) was based, Certlllcation
undor Part 1.8.3,0. (2)(d) Is discussed in more detail in Section LA. of this addendum. The applicant must comply with any terms and condltions imposed under the eligibility requirements
of paragraphs 1.8.3,0(2)(a). (b). (c). Cd) to ensure that its storm water discharges and stann water discharge-related activities are protective oflisted species and! or critical habitat.
Such terms and conditions must be incorporated in the project's SWPPP, If the eligibility requirements ofPart 1.B.3,e,(2)(a)·(d) cannot be met, then the appUcant may not receive coverage
under the COP. Applicants should then consider applying to EPA for an individual permit, II, List ofFish and Wildlife Service and National Marine Fisheries Service Offices A. U.s, Fish
and Wildlife SeJVica Offices National Website for Endangered Species Intormation Endangered Species Home page: http://www.fws.gov/rgendspp/endspp.html Regional. State. Field and and
Project Offices USFWS Region Two Ragional Office Division Chief. Endangered Species. U.S. Fish and Wildlife Service, ARD EcologIcal Services. P.O. Box 1308, Albuquerque. NM 87103 State,
Field, and Project Offices (Raglan Two) Field Suparvlsor. U.s, Fish and Wlldllfe Service, Corpus Christi Field Office. 6300 Ocean Dr., Campus Box 338, Corpus Christl, TX 78412 Field
Supervtsor, U.S, Fish and Wildlife Service. Arlington Field Office. 711 Stadium Dr., East, Suite 252. Arlington, TX 76011 Field Supervisor. U,S, Fish and Wildlife Setvice. Clear Lake
Field Offie<), 17629 EI Camino Real, Suite 211, Houston, TX 77058 Field Supervisor. U.S. Fish and Wildlife Service. Oklahoma Field Office. 222 S, Houston. Suite a, Tulsa. OK 74127 Field
Supervisor. U.s, Fish and Wildlife Service. New Mexico Field Office, 2105 Osuna. NE. Albuquerque. NM 87113 Field Supervisor. U.s. Fish and Wildlife Service, Austin EcologIcal Serv. Field
Office. 10711 Burnet Road, Suite 200. Austin. TX 78758 Field Supervisor. U,S, Fish and Wildlife Service, Arizona State Office, 2321 W, Royal Palm Road, Suite 103. Phoenix. AZ 85021-4951
USFWS Raglon Four Regional Office Division Chief, Endangered Species, U.S, Fish and Wildlife Service, ARDEcological Services. 1875 Century Blvd., Suite 200. Atlanta, GA 30345 State,
Field, and Project Offices (Region Four) Field Supervisor. U.s, Fish and Wildlife Service. Panama City Field Office, 1612 June Avenue, Panama City. FL 32105-3721 Field Suparvisor. U.s,
Fish and Wildlife Service, South Florida Ecosystem Field Office. 1360 U.s. Hwy I. #5; P.O. Box 2876. Vern Beach, FL 32961-2876 Fieid Supervisor, U.s. Fish and Wildlife Service, Caribbean
Field Office, P.O. Box 491, Boqueron, PR 00622 Ffeld Supervisor, U.S. Fish and Wildlife Service, Puerto Rican Parrot Field Office, P,O, Box 1600. Rio Grande, PR 00745 Field Supervisor.
U.S. Fish and Wildlife Service. Brunswick Field Office. 4270 Norwich Street. Brunswick. GA 315202523 FIeld Supervisor, U.S, Fish and WHdlife Service. Jacksonvllle Fleld Office. 6620
Southpoint Southpoint Drive S,. Suite 310, Jacksonvilla. FL 32216-0912 Field Supervisor, U.s. Fish and Wildlife Service, Charleston Field Office, 217 Ft. Johnson Road, p,O, Box 12559,
Charleston. SC 29422-2559 Field Supervisor, U.S. Fish and Wildlife Service. Clemson F.O., Dept. of Forest Resources. 261 Lehotsky Hall. Box 311003, Clemson, SC 29631-1003 Field Supervisor,
U.s. Fish and Wildlife Service, Raleigh Field Office, P.O. Box 33726, Raleigh, NC 27636-3726 Field Supervisor, U,S, Fish and Wildlife Service, Cookeville Field Office. 446 Neal Street.
Cookeville, TN 38501 Field Supervlsor. U.S. Fish and Wildlife Service. Aahevllle Field Office. 160 Zillicoa Street. Asheville, NC 28801 Field Supervisor, U.S. Fish and Wildlife Servlr.e,
D.phne Field Office. P.O, Drawer 1190, Daphne, AL 36526 Field Suparvisor. U.s, Fish and Wildlife Service. Vicksburg Field Office, 2521 S, Frontage Road. SuIte B, Vicksburg, MS 39180-5269
Field SupervIsor. U.s. Fish and Wildlife Svc.• Lafayette Field Office, Brandywine 11. Suite 102,825 Kaliste Saloom Road, Lafayette, LA 70508 Field Supervisor. U,S, Fish and Wildlife
ServIce. Jackson Field Office, 6578 Dogwood V;ew Pkwy Suite A. Jackson, MS 39213 R National Marine Fisheries Service Offices The National Marine Fisheries Service is developing a database
to provide county and territorial water (up to three miles offshore) information on the presence ofendangered and threatened spec1es and critical habitat The database is projected to
be available to the public sometime in December 1997. The database should be found at the "Office of Protected Resources" site on the NMFS Homepage at ''http://WYIW.nmfs.gov''. Regional
and Field Office Southeast Region Protective SpecIes Management Branch. National Marine Fisheries Service, Southeast Region, 9721 Executive Center Drlve. S1. Petersburg. Florida 33702-2432
m. Natural Heritage Centers The Natural Heritage Network comprises 85 biod iverslty data centers throughout the: Western Hemisphere. These centers collect, organize, and share data relating
to endangered and threatened species and habitat. The network was developed to inform 􀁉􀁡􀁮􀁤􀁾􀁵􀁳􀁥􀀠decisions for developers, 
36515 Federal 1 ),ter/VoL 63, No. 1281 Monday, July b, 1998/Notices corporations. conservationists. and government agencies and is also consulted for f<'.search and educational purposes,
The centers maintain a Natural Herltage Network Control Server Website (http://www,heritage.tnc,org) which provides website and other access to a large number ofspecific biodiversity
centers. Some of these centers are listed below: Oklahoma Natural Heritage Inventory Oklahoma Biological Survey. 111 East Chesapeake Street, University of Oklahoma. Norman, OK 73019-0515.
4051 325-19B5 Fax: 405/325-1102. Website: http://obssun02.uoknor.edu/blosurvey/onhilhome.html Louisiana Natural Heritage Program Department of Wildlife & Fisheries, P.O. Box 98000. Baton
Rouge, LA 70898-9000. 5041 765-2821 Fax: 5041165-2601 Navajo Natural Heritage Program P.O. Box 1480, Window Rock, Navajo Nation, AZB6515, (520)871-1603, (520) 811-1069 (FAX) Texas Biological
and Conservation Data System 3000 South IH-35, Suite 100, Austin, TX 78104. 512/912-1011 Fax: 512/912-1056 IV. County List ofEndangered and Threatened Species Please see February 17.
1998. Federal Register Vol. 63 no. 31 for county by county listing or contact EPA Regton 6 Storm Water Hotline (1-800-245-6510). EPA's Office of Wastewater Management's web page at ''http://www.epa.g
ov/owm'' will post periodic updates of the cOW1ty-by-county list. You may also check the list ofendangered and threatened species pUblished by the Fish and WUdlife Service on the Endangered
Species Home Page (http://www.fws.gov/-rgendspp/enddspp.htm) which Is also attached to the FWS Home Page in the "Nationwide Activities Category". List of species under NMFS jurisdIction
can be found on the NMFS Homepage {http:www.nmfs.gov) under the "Protected Resources Program." Lists: and maps of critical habit.t can be found tn the Cooe of Federal Regulations {CFRs)
at 50 CFR parts 11 and 226. Addendum B-Historlc Properties (Reserved) Instructions related to historic preservation have not been included in the permit at this time. EPA may modify
the permit to include such provisions at a later date. Th[s does not relieve applicants or permittees oftheir responsibillty to comply with applicable State, Tribal or local laws for
the protection of historic properties. Addendum C-Revised Notice ofIntent Fonn The Notice ofIntent form (EPA3510-9) replaces the Notice ofIntent form {EPA 3510-6 (8-98). The revised
form is contained in this Addendum. According to the provisions in Part II.B.l of this permit, applicants are reminded they must certify that they meet all eligibiHty requirements of
Part LB. of this permit and are informing the Director of their intent to be covered by, and comply wtth, those terms and conditions. These conditions in<::lude certifications that the
applicant's storm water dIscharges and storm 􀁷􀁡􀁴􀁥􀁲􀁾􀁲􀁥􀁬􀁡􀁴􀁥􀁤􀀠discharge activities will not adversely affect ltsted endangered or threatened speCies, or their critical habitat
EPA may modify thiS permit to include provisions relating to historic preservation. BIWNG CODE. G560-5D-P 
36516 ) :Federall-filer/VoL 63, No. 128/Monday, July 6, .998/Notices TH'S FORM REPLACES PREV'OUS FORM 3510-6 (8-98) See Reverse for 'nstructions Form Approved. OMB No. 2(0)-01 aa NPOES
& EPA UnHed Slates Envlronmanta3 Protection Agency WasIling1On, DC 20460 FORM Notice olin..... ' (NOI) for stonn Wlllar Discharges Assodated with CONSTRUCTION ACTIVITY Under a NPDes
General Pennll Submlss[on of this 􀁎􀀰􀀱􀁩􀁾􀀠of Intent constitutes notice that the party Identified 10 Section I of thls form Intends to be authorized by a NPOes permit Issued for s\o(m
_Ofdischarges _ate<!wl!!l ....._ actMIy In !he _ndiM COuntry Land ldenllfied in Soction II of1llis form. Submission o'!hls Notice of Inlont aI$o consIfMes notice 1ho.t!he party idontifod
in Section I of illis form meals 1h9 ellgibiuly fli!lUIremonts In Part I.B. of !he general 􀁰􀁥􀁲􀁭􀁾qncloding those related to protection of endangered spocies detBrn'inecltilrough
the procedures in Addendum A of the general permit}, understands that continued __to discl!ergels oontingent on mainlalnlng permit ellgiblily, ond 1ho.t Implementation ofll1e Storm Water
Pollution Prevention Plan required und., Part IV of the general pennft Wilt begin at the tfme the pennlttoo commences work on the constructfon proJect Identified In Seaan II betow. INOROERlO
: OBTAIN AUTHORIZATION, All INFORMATION REQUESTED MUST BE INCLUDED ON THIS FORM. SEE INSTRUCTIONS ON BACK OF FORM. I, DwnerJOperator (Applicant) Intormllllon Name: I , I , I I I I I
I , I I I I I I I I I I I I I I I I I I I phone: I I I I I I I I I , I Add....: I I I I I I I I I I I I , I I I I I I Slarus of 0I I I I I I I I I I I I , I ewneriOporntor: City: I I
I I I , I I I I I I I I I I I I I I , I I Slats: LLJ ZipCode: ' I I I , I I I I I I Il Pro/ect/Site Inform"".n Is the facility located on Indian Counlry Lands? Prt>!ect Name: I I I I
I I I , I , I I I I ! I I , I I I I I I I I I I I I I YosO NoD Projecl Add.....n..ccalJon: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I elly: I I I I I I I I I I
I I I I I I I I I I I I I I I Stale: LLJ ZlpCode: I I I I I I-I I I I i Latitude: I I I I I I I 􀁬􀁯􀁮􀁧􀁾􀁥􀀺􀀠I I I I I I , I County: I , I I I I I , I I I I I I I I I , , I He. !he
Storm Water Pollution Prevention Plan (SWPPP) boon prepared? v.. 0 NoD Optfonal: Address of k>catiOn of o Address in Section t above o Address in Section" ahol/O o Other 􀁡􀁾􀁲􀁥􀁳􀁡􀀠Qf
known) below:swppp for viewing SWPl'l' Phone: Addre..; I I I I I I I I I I , I I I , I I I , I I I I , I I I I J J I I I I I I I I I I I I I ! City: I , I I I I I I I , I J I I I I I
I J I J J I State: LLJ ZlpCod.: I J I I I I-I I J I I Name of Recelv1ng Wa1er: I J J I I I I J I J I J I I I J I I I I I I I I I I I I I I I I I I I I I I I I I I ; Based on ,_provid...
in Ad_mA 0' ill. 􀁰􀁥􀁲􀁭􀁾􀀬􀀠areMonlfr Day y.., ...... Day \118, there any Ilst&d endangered or threatened species. or designated ESllmaled COnelrudion stall Dete Es1imal... Complellon Oats c:olt!coI habitat In the
project .....? Estimate of area to be disturbed (to ne.arast acre): I I I I I I I ..... 0 NoD E_of I.II<eIihood 01 DixIlarge (choose only one): I hallO setl5IIed permit eligibility wiIh
regan! 10 prolsction 01 1.0 Unlik.1y endangered specIeS 􀀱􀁨􀁲􀁏􀁕􀁾􀀡􀁨􀁥􀀠_ section of PartI.B.3....(2) 3. 0 Once per week 5. 0 Continual of !he permit (dled< one or mo.. boxes): 2.0
Once per month 4. 0 Once per day (0)0 (b) 0 (e) 0 (d) 0 0'. cerllllC41'on I cartify mder pMalty of law 1hat this document and aU attachments were prepamd undst my dIrection or supervisIon
In accordance wUh a system deSigned to assura that qualified personnel properly gather and evaluate the Information submltted. Based on mf Inquiry of the person or persons who manag.illl$
syslem, Of !hose PO""'''' dlrecl!y ",.ponslbie for gathering the Information, !he Infonnatlon submitted Is, to !he best of my knowledge ond b6Hef. true, accurate. and complete. I am
aware that thsre are significant penallfes foe subrnltUng false Infotmation. Including the possibility of fine andimprisonmentfor _9vIoIaI!ons, PrinlName; I I I I I , I , I I , I , I
, I , I I I I I I I I I I I I I I I Date; I I I I I I I Signatur.: EPA Form 3510·9 """,oed 3510-6 (a-98) 
Federal' pter/Vol. 63, No. 128/Monday, July 1998 /Notices 36517 Inslrucllons -I'PA Form 3510·9 Form Approved. OMS No. 2040·0180 Nollce of Intent (NOli for storm Water Dlscbarges Assoelaled
wltb &EPA Construcllon Act v!Iy to be Covered Under a NPDeS Permit Who Must Flle. Notl.. of Intent Form Under the provisions of tho Clean W.....AcI, as emended, (33 U.S.O. 1251 eLseq.;
tile AcI), e""ept as provided by Part I.B.a tho "'''''lit, Fodera! law prohlbits discharges ofpollutants In storm wat8rfTom construction activities wi1hout a NaIiooal Polulant Oisdlarge
EIfminaIionSys1em Penni!. Oporator(.) of constructIon sites where 5 or more acres are dlsturbed, smallersites that are part of a larger common plan of development or sale 'Wf1ere there
Is a cumulallvs dIsturbance of at least 5 acres, or any site designated by the D4rector, must submit an NOI to obtaIn coverage under an NPOES $tonn Water Construction Ileneral Permit
II you have questions aboul whether you need a peJm1t under the NPDES Slomi Water program, or If you need information as to whether a partk:uIat program Is adminlstered by EPA or a State
agency. write to ortelaphOrJQ th& NotIce of Intent Pmceeslng Center at (703) 001-&30. Wb.... to File Not Form NOI. must be """Ito Ihe follOWing address: Stonn Water Nob of Intenl (4203)
USEPA 401 M. 􀁓􀁴􀁲􀁥􀁥􀁾􀀠SW Weshlngton, 0.0, 20480 00 not send Storm Water Pollution Preven1fon Plans (SWPPPs) to the above address. For ovemightlo)(JlreSS deivery of NOIs, please
include the room number .21 04 Northeast Mall and phone number (202) 26()"9541 In 1he address. Wh... to FIle ThIs ftmn must be filed at least 48 hours before 􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀀼􀀺􀁾􀁯􀁮􀀠begins.
Complollng lI1e Form OBTAIN AND REAl> A COP'( OFlHE APPROPRII(fE EPA STORM W,o;n;R CONSTRUCTION GENERAl. PERMIT FOR YOUR AREA. To complete this fof'fTl, type or print. using: uppercase
letters. In the appropriate areas 􀁯􀁮􀁲􀁾􀀠Pfease place 􀀸􀁾􀁨􀀠character between the marks (abbreviate If necessary to stay whhin the null"lb&r of characters allowed for each Item),
Use one space for breaks hetween worda. but not for punctuation marks unless they are needed to clarify your response. If you have any questions on !his form, call tho NoUce oIlnlent
Pr_go.nlor al (roll) 931-323f.J. See:tlon I. Facility OwnerlOperator (Applicant) In1ortnatfon Provide the legel name, maJllng address, and telephone number or the person, firm. pubtlc
organization. or any other entity that meet eilher 01 the following two criteria: (1) they nave operational control over construction paans and speciticatlOns,lneluding the ability to
make modHioatfons 10 those plans and spocificalloos; Of (2) !hey have the dey·to<lay operational conlrol of !hose actiV\Uas allhe project flOCOOSOl)' 10 ensum oompllance with SWPPP requlfemrmts
or other pennit condltions. Each pGfSOl1 that meets either of these crltel1a must file this bro. Do not usa a colloquial name. Correspondence for the permit win be sent to this addfBSS.
Enter tho appropriate leUer 10 indicala Ihe legal slalus of 111. owneifoperalOrof the project: F =' Federa!; S = State; M .., Pub!lc (other than federaJ or state): P 101 Privata. Section
II. PrO}eetlSlte rnformation Enter th. offICial Or legal name and completo stroot .dd...... , Ir<:Iuding city, county, stata, zIp code, and phone number otitis protect or SIte. If It
Facfois a street address, Indicate wl1h a general statement the location of the site (e.g., Interseetlon 0/Sial. Highways 61 .nd 34). eornpleto .'te 􀁉􀁮􀁬􀁯􀁲􀁭􀁡􀁾􀁯􀁯􀀠must be provided
for pannlt coverage to be grantEKI. The appli<:anl must also provIde tile lall\u(!e and longitude of th',facnity In degrees. minutes. and seconds to 'the nearest 15 Meonds. Thf) latitude
and Iongiludo of your facility can be locaIod on USGS quadrangle maps, QuadmngIe mo,""'1Ul be oblainod by calling 1-800 USA !.lAPS. Longitude and latitude may also be obtained at the
Census BUr&all Intemel site: 􀁨􀁴􀀡􀁪􀀾􀁾􀁉􀁷􀁷􀁷􀀬􀁟􀁧􀁯􀁶􀁬􀁣􀁧􀁬􀂷􀁢􀁩􀁮􀁩􀁧􀁡􀁺􀁥􀁴􀁴􀁥􀁥􀁲􀀮􀀠l.alUude and longitude for a facility In decirnal10rm must be converted to dogr...,
ra!nutt>. and """"ntis for "'011'" enby on the NOI form, 10 convert declmallatJtudeor longitude 10 degntes, mtoUtes. and seconds. follow the sleps In the following example. Convert daclmal
fatltude 4.5.1234567 '" deg,e.., minutes, and .econde, 1) The numbers to 1he left of the d$clmai point are degrees, 2) To obtain mInutes. lJ'lUItlply the first four numbers to the right
of the decimal point by 0.006, 1234'.006 = 7 A04, 3} The numbers to the left of I.hs doc/rna.! point In the result obtained in step 2 are the mInutes: 7'. 4) To obloin s-.mulUpIy the
remaining three r1UITlbe<s 10 tho righlof the decimallrom tho """,K In stap 2 by 0,06: 404 x 0.06 􀁾24.24. $I""" the numbers to the right of the decll"l"lQ! point are not used, the result
Is 24'. 5) Thocorwerslonfor4S.1234=45'" T 24-, Indicate whether the project Is on Indian Country Lands. Indicate H th. Stonn Water Poliudon Ptev.ntion Plan (SWPPP) has been developed.
Ralerto Part IV of the genorsi pemit for Infonnatlon on SWPPPs. To be eliglbfe br coverage, a SWPPP must have been prepared. Optional: Provide the address and phOne nUmber where the
SWPPP Q8tl b. Vi_d ff different fmm __previously given. Che<:k appropriate box. Enter the name of the closest water body which receives the 􀁰􀁲􀁯􀁊􀁥􀁣􀁾􀁳􀀠construction stOIm water
discharge. Enter the estlma:ted conS'b'UC'tioo start and completion dates using fourdiglts for tho year Q.e. 05127/1998), Enter the estimated area to be d{sturbed Indudlng but not I!mited
to: grubbing, excavalion. grading, and ulifilies and infrastruclure !ostsJlation. Indicate to the nearest acrej It less Ulan 1 acre, enler'"l." Note: 1acte: 43,560 sq. ft. Indicate your
best estlmata of the nkelihood of stoIm water dischM:'ras from the project EPA recognizes tnat actUBI discharges may differ from this estimate due to unforeseen 0( chance circumstances.
Indicate It there are any listed endangered or threatened speCies) or designeled ori1ioal habitat In the proj.cI ..... Indi<:alo which Part of tho permit thaI the applicant is eligible
with refjard to protecUoo of endangered or threatened species, or designated Critical habitat 􀁓􀁥􀁾􀁯􀁮III. Certification fe<JeJai S1B!UIl!s p!I>'Ade for""""", penalties for subrritting
falselnfOln1Olion on tilts appHcatfon klnn. Federal regulations reqUire thIs appUcatfoo to be signod as follows: For a corporatIon: by a responsible corporate officer, which means: (I)
presfdent, secretary, treasurer, or yiG6 president 01 the corporation in charge of a pri'nclpaJ business function. or any other person who performs similar policy or de<lision making
functions. or (ii) the manager of one Dr more manufacturing, production. or operating facilities employing more than 250 persons« having groGS annuaJ sales or s)(pendltures exceeding
$25 million (in socond.quart... 1980 dollars), ff ault>ority to sign dOGumenls has been sssigned or delegated to the manager in accordance with corporate Pl'OOOOUtes; fOr apar1nrltshi>
a sole propootors/];p: bya ganoral p!U1Mr ollhe proprietc<, or For a munidoaJltv, siaIo, fedora!, or other ""biic facllily: by'-a principaloXO<:U!!"" 􀁯􀁲􀁾􀁲􀁡􀁮􀁫􀁩􀁮􀁧􀀠.,_oftic!aI.
An unsfgnod or undetod NOI loon will nol be grantod pannn """eraga.Po_'"Reduction Act Notice Public: reporting burden, for thls application Is estimated 10 average 3.7 hours. This e.st!matEl
Inclodes time for reviewing instructions. searching existing data sources, gathering and 􀁭􀁡􀁲􀁮􀁴􀁡􀁩􀁮􀁩􀁾􀀠the data needed. and """",Ioting and re'liowing tho coIl&ction of Information.
An aganey may not conduct orSpon&Of, and a person is not rsquired: to respond to. a collection o1lnformaUon unless It displays a currootly valId OMS control number. Send comments regarding
tho burden estimate. any other aspect of the cot/action of Information, or suggestions for lmproving this form. Including any 􀁳􀁴􀁊􀁳􀁧􀁥􀁳􀁾􀁮􀁳􀀠which may Ineree.se or reduce this
burden to: Dlrecior, OPPE Reg.JIaloJy I_onIloVision (2137), U.S. Environmental Protection Agency, 401 M Str..t, SW, Washington, 0,0. 20460, Includo tho OMS controJ number on any correspondence.
Do Do not send the completed form to this oddr.... 
36518 , , Federal L )ster/VoL 63, No. l28/Monday, July 6, .998/Notices Addendum D-Notice of Termination Form From the effective date of this permit, permIttees are to use the existing
Notice of Termination form (EPA Form 3510-7) contained in this Addendum until they are instructed by the Director (EPA) to use a revised version. Permittees are to complete. sign and
submit the form in accordance with Part VIII of the permit when terminating permit coverage at a construction project when one or more or the conditions contained in Part LD.2 have been
met. THIS FORM REPlACES PREVIOUS FORM 3510-7 (M2) 􀁆􀁯􀁮􀁮􀁾􀀮􀁡􀀮...__----""" 􀁾___ Ni-II Fonn NPDI!B .oR.. &EPA UnIIId SIatee £i.wlaa•••1111 Pn:IIeclkn Av-crWuI"qIon, DC _ Notice ofT.............=.
of eo::,.""".NPDES General PermIt lorStorm w_ ir__ with Indua1rlaJ AotIvIty SubmtaIon of"' NoIce of 􀁔􀁾􀁾noIIc:e 1hId"r:::c5danIIIId In 8ecdan II of .... form II no􀁾􀀮􀁡􀁉􀁉􀁉􀁬􀁯􀁲􀁩􀁺􀁥􀁤to
􀁾IIctm wal8r ___""""'Y........NPDESprogIWII. ALLN£ ESSNIYINFOIWATlONMUSTBEP ESSNIYINFOIWATlONMUSTBEP DEDONTHISR)RU. 1._NPDES 8tonn Wile, I I ChIde. ..... tfyou In No Longer D 􀁾􀀢􀀢􀀢􀁴􀁨􀁯SIonnW_
D_ PermtN...-: I I I I I I I I thoOpoloDoJtho 􀁾􀀠CO___lSetlngT_ II. 􀁆􀁡􀁯􀁩􀁉􀁾Opo_,nIonnaIIon ......: I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I Phone: I I I I
I I I I I I I Address: 1---1-L....l-. ' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I W Z1PCodr.I -ICIIy: I I I I I , I , I I I I I I I I I I I I BIato: I I I I I I I
I I 01. FaclItyISl18 LocaIIon1_ Nama: I , , I , I , , , , , , , , , , , , , , , , , , , , , , , , I Ad:trass I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I L....J
􀁚􀀱􀁐􀁾􀀬􀀱􀀠-ICIIy: I I I I I I I I I 1 I I I I I I I I I I I Sb:d:o: I I I I I I I I I lallluda: I I I I I I I long_I I I I I I I IQuWr. W_ WT_ I I I I II I I I I IV. CerlllCItion;
I oertIty toief 􀁾law tha1 all aIOrm weter =cusocIa!ed wllh LoIdunfaI actMty from the IdentlflDd t.ctaIty that are _011􀁾􀀮NPDES 􀁾􀁉􀀠been eIImInaIed or ..... 1am no no "'" "'" opo!OIor
01"", 􀁴􀁡􀁣􀁩􀀱􀁾􀀠or c:onahudlon ..... I undlllllfBild thai by&Ubmltllng: Nob 01 ,I am no 􀁾auGlOrized 10 􀁾􀁲􀁧􀀹etonn water 8ss00ia.1ad ...... 1ndu8triaJ 􀁾underthla 􀁾􀁾􀁮􀁮􀁴􀁴􀀮􀀠and
'!hit 􀁾􀁾poIiJtBnla In storm water asm'ted with InduabiaI activity to wasers of 1M UnIted Stales 18 lriawfll Lnd8r tIlII a..n WIlbtr Act where tho dsdlargO IS 00\ Blllhcltzod by. NPDES
=L I also undendandlhallhe _ 0I1hiS Notico oJ Tonrinallon does 1101 ........., """"'..._ "billytor lUI)' v&oIa!Iona of INa p(Hrrit or the Water Aol Print Narne: I I I I I I I "-"-.C
I 1 I 1 1 1 I II I I I I I I , I I I I I Date: I , I 1 I 1 I_: _lorCOrnpIItIng NoIIoo oITermlnalIoo (NOT) Form WhO ...,FDt. NDdoI Of T.,...,...". (MOl) Form wtIiImlD 􀁾MOT Fol1'II PMriI....
who are pNMI'IIty 0'Mr.! tnder an EPIrkIued NaIlOMl PoI:*nt Send o.lDrm1D 1M 1M tIIbwVIg Dhu: DIIdIarge EIImInaIIon 6yIIIm (NPDES) G....aI P«nit (incII.dng the 1995 SIonn Willi'" NoIce
d TennhI!IIm (4Z03)MUIIJ.Se:IOr hnnI) ret' 5IOI'm water DIM&JDN AssodIled wah lndUIlrIII MHty 1'I'II111.t1mt. 􀁾of T.rmndcn (NOT) form when thei" fKIitItI no lOnger 401 WSlnNlt, S.W.
haW ."IISOmI WdI' IIICt'III'get asodI%Dcf wlh 􀁾acIMIy ..dIIIned In Wuhinglon. DC 20480 .,.*"'.....r8gUIat\Qnf at 40 CFR 122.2e(b}('4). orwl'at..,.,. no longer 1M 0f*'IJ0I' oIlt1e fKiiI...
_...For conIINdIon KtIVtIIM, 􀁾ot .. 1Iorm ...... 􀁾uaodatad 'tIItn 1rIdUItrW....., .....wMn dIIwbed ... II'" constNCItion 1/11 hIM TW-Of print, wing upper-euao IeHId. In 1M 􀁾.....
0tIIy. PIHH bean IInIIIy IIIIIIzed and 1CIIrJIOfWY eftIIIon .... I8dImInt r:tIIItraI IMUU* pIaeI Mf:tIo dWII:Mt' betNeM fie rnub. AbbnIvICe" nI!IOeIIolJJ" .., ..... hI¥e bMIII 􀁾« ...
bt f'IImOVeCIlII en 􀁾drM,« the! .. IIOnTI lINt rurk'ot ciJuIcIMa abWId for -=h Item. Uu only CIM IIIF*8 lel'l:nlIIcI ...tIIdwgD ItSIOi:IDed wIdIlnMIrW 1CIIwKy.rmm the mnsbUCIon aile
thai btt.In wtIIdI, but not far l)UlChaion rmlb: unIMa IIrJ h I1fiIidId 10 cIIIIfy ere flUfIoIizedbya NPDES gIMmI permIlhl ... OChtIwIM lIMn 􀁾fbi 'flNI1lIJlIPOI'IIII. 1f)lOU have ItPf
quI:ItiGnI &botIl thII rorm. teIephOnt or wile the IItIbIzIIbt 􀁾thai: l1li d-diatulbing acivitieI II \tie &Il8 hi.... bttn Nodctot II'IIInt ptaCUllngc.m.r. (7Q3J 1131-32S1. 􀁾aM UIIIa
unHann 􀁰􀁮􀁭􀁉􀀦􀁉􀁾􀁃􀁇􀁖􀁉􀁉􀁦􀁲􀁩􀁬􀀮cIeMiI)oot 70'5 01 1M CV'MI' ror tqIM'IId ....Ind ....nor COYIIed 􀁾pemwnent sI!\ICl.Ue8 has been 􀁾Of tqtM6IIIt pennInII'II: 􀁾meum (un as 1M
UN 01 finp. gIIbiOne, QI gaoleldles) hmIbeln 􀁾􀀠EPAFOtrn36tG-7 {8-98} 
36519 Federal 1 )ster/Vol. 63, No. 128 I Monday, July fl, 􀁾􀀹􀀹􀀸􀀯􀁎􀁯􀁴􀁩􀁣􀁥􀁳􀀠InatluCtiOns .. EPA For. 3110..7 NotIce ofTermInation (NOT) ofCoverlDe Unca, The NPDES General Permit
fOr Storm Water Dlachargel Associated WIth: fnctustrlll ActMty Set:tfon I Pellnlt Inform"tim Enler the existing NPOe5 Stofm Water General Penni number 􀁡􀁾􀁥􀀼􀁴to tho facilily or de
idenllflGd In Section ill. h' you do not know th. palmi nwriler, telephone 0( Write your ePA Resfonat I!IitOmJ water conIaei pc!IrIOI'I. Indrcale your reason fOt wbmffilng tbb NoUce
of TenlnaUon by cheddnQ the appropriate box: iftber. has been a dlange of operator end you are no Jongerthe operator of the faclly ors/le identified In 5eclion IU.cbook.lhe c:orrespondIng
bole. Ifal EilcJmwau discharges at Ihe facilty ot slte Idenlif'1ed In Secikm III ha.ve beon I._ed,eIIade the 􀁾box. ketJon II FacUlty OperAtor Information GioIe1he 1egaIn:am;, of the
peroon, _ pubi" organlzaikln, Of any oIherentHy ihid operale$Ute facBy or site dncribiJd fn this application. The name ofIhEt operelof mayornaytMbethtt SOIIm name uUte facilly. The:
opere1ororlhefacilly is the legsl enUy which oomro:s the fac:llly"a op&tatiOIl. rattler than the plant or site ff'IMItgOr. Oonotnoacdlqulalnamo. 􀁅􀁮􀁬􀂫􀁴􀁨􀁯􀁾􀁬􀁯􀁴􀁥add,,", and_hone
nllll1ber of the operator. Section III fecllltyllite Loeatlonln'orm.tlon E;nter the 􀁦􀁾􀀢or sHe'll of&lal or.1 name end 􀁾address, includIng cfl.J."eand2JPoode. If the hlclty iacba
street addrva, 1ndicat8 hstate, the IGtHude Gild iongHUde 01 the fli\c:l1Jy 10 the nearest 15 G8C(tf1ds, (K the quart$!'. seelion, tuYtnshlp, and range (to lila nearest qWll\lJf lK'dtcm)
or the 􀁾􀁩􀁭􀁡􀁴􀁥􀂭center 0' the sHe. (FR Ooc. 98-17521 Filed 7-2-98; 8:45 amI BILLING CODE 􀁾􀀠FoderafsbiJAes pt'O'd:Ieb' SOYent 􀁰􀁯􀁮􀁡􀀮􀁬􀁴􀁩􀁴􀁜􀀤􀁲􀁮􀁲􀁾􀁭􀁴􀀡􀁩􀁮􀀢tabo iIlroanatian
on lbis application tom. F9deral ntgulatlons reqilire this epfIlCaIlon 10 be signed 0 follows: For oil txKpOratlon: by a rmlipotlillibkscorporate otrar. v.i1ich means: 0 pte:S1dent.
ueJetary. treasurer, or vloo-presidenl Of the eorpomtion in c:trargo of a principal bu$ln... funcllon. 0( any other pen;on who pedorms *imiaJ JltOikly or decision making flA'lctiDM.
Of (if) the manager 0' ol1e or more manuf'ooturiI'Ig, production, Of opetiII:Ing1'acl.ltlM: 4IImpIoytnp JTlOl8 than :250 pctf$OM or having gl'O$ll annual Gales: ... e.perdl .... oxOO<l<ling
$25 mlioll On """,_r19110 dol"'), 'aulhorily to$ign documents h'as boon assigned or dalegated to the ma:nsger In accordance wih oorpmate: procedures; Forapatfntmhlp orsole propmtorshlp:
by a general pli\ltner ortha proprietor; or For. muDIr;/pBIIIy, State, Fedora, or._publk; 'acmty; by _ • prlncipal execulHe ofIk;er or ranking eleded ofriciaL PaperNorlc Reductkm Act
Notice Public repOfIlny butden for lhis appibillon Is eslimated (0 4Wf896 o.s hauoo; pet appUcalion. 􀁉􀁮􀁥􀁾􀁬􀁮􀁧􀀠lime for nwfwllnO InSirudlona. .an:hfng e)(f$ting data 􀁗􀁊􀁕􀁉􀁑􀀧􀁉􀀤􀀬􀁾􀁳􀁮􀁤I
TDI.ntalnmg tho dSla needed,and 􀁾􀁥􀁬􀁬􀁮􀁧and I"I'!IVtavyktg the colJedon oIln1'onna1lol'l. Send commenl& rega«.lklg lhe burden eslimale. an dheraeped oflbe cclk'Jetion. of information,
orflugg_iom for jlq)rov/rng: 1hi:$ fol1J\ includlng Bny augg&&tione which may IMI8DM or reduce this burden to: Chiaf. Information 􀁐􀁯􀁬􀁾􀀠Branch. 2136. U,S. Environm.ntal Protsctioll
􀁁􀁑􀁥􀁮􀁾􀀮􀀠4Q1 At Stn.HJt. SW. Washington. DC 20460. or Ok'edor. omw of Information and Regukrtnry Affairs, 0f'f'lt::if\I 0'Managemftnt and fludget, washlnglon. DC 2n5OJ. 
Taku River; Stikine River; and Iskut River. Other proposals include the initiation of studies on transboundary water demand and supply, water quality, transboundary atr quality, and
core environmental data requtrements, as well as reports on the transboundary environment. IJC was created by the United States and Canada in 1909 to assist the two governments in finding
solutions to problems involving transboundary waters. For more information, cali Frank Bevacqua or Jill Eynon, IJC, at 1-202-736-9000, or visit the IJC Web site at htlp:/Iwww.ijc.org.
-Kris Christell, WJTB EPA Plans to Eliminate the Base Line General Permit for Industrial Stormwater The u.s. Environmental Protection Agency (EPA) is proposing to terminate the National
Pollutant Discharge Elirnination System (NPDES) base line general permit for industrtal stormwater (62 PH 37448, July 11). Facililies currently covered under this permit would be Iransferred
10 the multi sector general stormwater permit. If the change occurs, the multiseclor permit permit would cover virtually all industrial dischargers in nondelegated states and tribal
areas (see box, p. 21). Although the commenl pertod ended in August, "we're still going over the comments ... for appropriate responses and possible permit modifications," says Bryan
Rittenhouse, an environmental scientist in the permit division of EPA's Office of Wastewater Management. The process has been slow because permit. Afterward, the agency will look at
NPDES-related comments more carefully, he says. Steve Hensley, environmental specialisl at the American Trucking Associations, says his organization would prefer EPA not eliminate Ihe
base line permit. "Our industry is used to the base line general [permit] and has been complying with it now for several years," he says. '11's not a horrendously difficult permit to
comply with. We were hoping EPA would consider keeping the base line general {permiU, at least as an option, and those who wanted 10 switch over to the multisector general stormwater
permit could, but but that it would nol be forced." Hensley says permit changes Can be extremely complicated in the trucking industry because many companies operate in multiple states.
The changeover would cost the industry a significant amount of time, money, and staff effort, he notes. Rittenhouse says EPA always planned to discard the base line permit in favor of
a more "specific" permit as more information about stormwater discharges became available. The Clean Water Act mandates 5year permit limits so EPA Can make permit changes when appropriate.
The multiseclor general permit is the "next level" above the base line general permit, 􀀧 •.'." " 􀀮􀁾􀀠• ,.,,1 "" , ' . ,J,'.. -'.', ,., ,. PAGE 21 
PUBLIC WORKS DEPARTMENT (972) 45D·2871 POSI Office Box 144 Addison. Texas 7500J 16801 Westgrovt! April 7, 1998 ATTN: Storm Water Proposed Rule Comment Clerk-W-97-12 Water Docket, Mail
Code 4101 EPA 401 M Street, SW Washington, D.C. 20460 Re: Comments on the NPDES Proposed Regulations Addressing Storm Water Discharges To Whom ItMay Concern: The Town of Addison, Dallas
County, Texas wishes to file the following comments on the above-proposed regulations that appeared in the Federal Register Friday, January 9, 1998: Proposed Rules § 122.26 The Town
opposes the use of EPA's National Pollutant Discharge Elimination System (NPDES) permit program as the sole means of implementing the Phase II storm water program, Where municipalities
have direct control of the quality of the effluent, such as Publicly Owned Treatment Works (POTW) discharges, NPDES permits are appropriate, The Town believes that NPDES permits should
only be required in cases where storm water discharges are a documented cause of impairment of water water quality standards, Such documentation would be the responsibility of the permitting
agency. Proposed Rules § 12234 (5) The Town believes the use of NPDES permits IS inappropriate to regulate traditional municipal governmental functions such as land use planning, and
building/development control. The use of this type of an approach to regulate local government will not further cooperation between municipalities and federal and state governments and
between municipalities and its citizens, 
EPA Comment Qerk-W-f 2 04107/98 Page 2 Preamble, Page 1595, J. Water Quality Standards The Town supports the development and use of a watershed and water-quality based approach to addressing
the discharge ofpolluted runoff from all sources (point and nonpoint sources). Through such an approach, federal, state and local governments can collaborate to find innovative techniques
to restore and sustain the health of watersheds locally and throughout Texas. Such an approach is the key to setting priorities and taking action to clean up rivers, lakes, and coastal
waters and would be consistent with EPA and Texas' emphasis on watershed based approaches, and the renewed effort in developing Total Maximum Daily Loads (TMDLs). Preamble, Page 1546,
H. Watershed-based Approach for Water Quality Programs The Town supports the use of State Storm Water Management Programs to address polluted storm water runoff. The States are poised
to implement such programs with the continued development of TMDLs and the increased emphasis on watershed based approaches such as the "TMDLs in I 0" and the Clean Rivers Programs in
Texas. Using such an approach, Texas will be able to fairly and equitably allocate the burdens associated with improving water quality among the various sources of polluted runoff §
122.26 (I) Construction Activities The Town supports the need to control runoff from construction sites of one acre or more. However, the Town opposes the redundant regulation ofconstruction
sites. The proposal subjects construction sites to regulation both by the permitting authority and by municipalities. Permits should be issued for construction sites as is now done in
the Phase I program (General NPDES Permits) so that only one regulatory authority is involved in construction activities. Preamble, Page 1595, a. Permitting Policy The Town opposes the
use of numeric discharge limits for municipal wet weather storm water discharges because insufficient information exists to develop numeric wet weather limits for storm water discharges.
Moreover, any numeric discharge limits that are developed would have be developed to account for the highly variable nature of storm water discharges. Preamble, Page 1577 & 1578, v.
Post-Construction Storm Water Management in New Development and Redevelopment, and, §122.34 (h) (5) The Town opposes language that requires that "post development conditions should not
be different from pre-development conditions in a way that adversely affects water quality." The Town would support language that says "construction activities shall be controlled such
that post development conditions should not be different from predevelopment conditions to the extent practicable." The Town also objects to the use of non-structural Best Management
Practices (EMP's) that "include requirements to limit growth to identified areas". The Town does this through its zoning ordinance. 
EPA Comment 􀁃􀁬􀁥􀁲􀁫􀀭􀁗􀀭􀁾􀀠2 04/07/98 Page 3 § 122.34 (b) Minimum Control Measures Assuming construction activities would be regulated as above, the Town could support a General
Permit that included only the following minimum control measures: (1) Public Education and Outreach; (2) Public Involvement/participation; (3) Illicit discharge detection and elimination;
and (4) Pollution prevention/good housekeeping for municipal operations. Very truly yours, Town of Addison 􀁾􀁾􀁾􀁾􀁅􀀠U::tant City Engineer cc: John Baumgartner, Director of Public
Works 
EPA Region 6 -Water Enforl lent Branch -NPD ... Page 1 of3 &EPA ION 6 􀁁􀁾l..ooIstana Itew MeJoloo OkIaIItlIrnIlII* ance ce Water Enforcement Branch Storm Water Region 6 NPDES General
Permit for Storm Water Dischargefrom Construction Activity PERMIT ACTION: EPA Region 6 reissued the General Pennit for Storm Water Discharge from Construction Activity. The pennit was
signed by Region 6 on Wednesday, June 24, 1998, and published in the Federal Register on July 6, 1997 [63 Fed. Reg. 36489-36519]. You may obtain the new pennit in the Forms/Documents
web page in Adobe Acrobat format or you may phone the Office of Water Resource Center at (202)260-7786 to have a copy mailed to you. For those ongoing construction projects (i.e., a
construction project which started prior to the effective date ofthis pennit), a complete revised Notice ofIntent Form (NO!) (EPA Form 3510-9) must be submitted within 90 days from the
effective date of the pennit in order to obtain coverage. However, applicants who have previously submitted an NOl for pennit coverage prior to the effective date ofthis permit will
not be required to complete the endangered species certification process as explained below. PERMIT REOUIREMENTS: A NO! form must be submitted to obtain coverage under the pennit The
pennits authorizes the discharge storm water associated with construction activity from: · the States ofNew Mexico and Texas; · Indian Country lands in Louisiana, Oklahoma, Texas and
New Mexico (except Navajo Reservation Lands and Ute Mountain Reservation Lands); and · oil and gas construction in the State ofOklahoma. The pennit covers storm water associated with
construction activity which: · disturbs at least five acres, or · disturbs less than five acres, but is part ofa larger common 7120/98 8:09:51 AM 
EPA Region 6 -Water Enfo[l \ent Branch -NPD ... Page 2 00 plan of development or sale with the potential to cumulatively disturb five or more acres The most significant changes from
the 1992 permits include: • Permit applicants which start construction after the effective date ofthe permit and any facility identified by EP A as having an impact on endangered species
will now be required to certifY that their discharge will not affect listed endangered species and their habitats. The permit provides a six step process to assist applicants in pursuing
certification: Step One: Determine ifthe Construction Site Is Found Within Designated Critical Habitat for Listed Species Step Two: Determine ifListed Species are Located in the County(ies)
Where the Construction Activity Will Occur. Step Three: Determine ifany Federally Listed Endangered and Threatened Species May Be Present in the Project Area Step Four: Determine ifListed
Species or Critical Habitat are likely to be Adversely Affected by the Construction Activity's Storm Water Discharges or Storm Water Discharge-related Activities. Step Five: Determine
ifMeasures Can Be Implemented To Avoid any Adverse Effilcts Step Six: If a determination has been made that construction activity will affect endangered species, then the applicant must
receive clearance from Fish and Wildlife Services and/or the National Marine Fisheries Service to a obtain permit coverage. • Allows those construction sites under five acres which designated
as causing an impactto surrounding waterways to obtain coverage under the General permit rather than having to apply for an individual permit. • A requirement to post at the construction site the permit
number or copy ofthe NOI ifa permit number has not been assigned; along with a brief description ofthe project; and • Storm water pollution prevention plan performance objectives have
been added. 7/20/98 8:09:51 AM 
EJ>ARegion 6 -Water Enfor. :ent Branch -NPD... Page 3 of3 BACKGROUND: The 1987 Congressional Amendments to the Clean Water Act require EPA to control pollution from storm water discharges.
Regulations were finalized by EPA in 1990, and storm water permits for construction sites disturbing five or more acres were required starting in September 1992. The EPA's storm water
program, in effect since 1990, has significantly improved the nation's surface waters by reducing polluted runoff from urban storm sewers and numerous industrial activities, including
construction sites larger than 5 acres. In 1992, roughly 46% ofwater quality impairments were attributed to urban storm water runoff. Urban storm water can be polluted by sediments,
illegal toxic discharges, oil and grease and other pollutants. This untreated storm water goes through storm sewers and into waterways. EPA uses a general permit to provide coverage
for construction operations disturbing 5 or more acres. EPA Region 6 receives more than 450 new permit requests a month and handles about 63% ofthe nation's EPA-regulated construction
storm water permit requests. Region 6 issues storm water permits in Texas and New Mexico. In the other Region 6 states (Arkansas, Oklahoma, and Louisiana), the state conducts the storm
water permitting program. All storm water construction permits expired in September 1997. ADDITIONAL INFORMATION: For further information on the NPDES Construction General Permits, call
the EPA Region 6 Storm Water Hotline at 1-800-245-6510. fRegion6Homel IEPAHomej [!ndex' [What'sNewl [Commenllll [Search] URL: http://www.epa.gov/earthlr6/6enlw/sw/oolISt.htm Last updated:
July 6, 1998 Please direet comments or questions to: Program Webmaster WEB(6EN-W) Metadata Record June 30, 1998 7/20/98 8:09:51 AM