Storm Water - Hot Topics: Phase 2

Announcing:  Phase II of the Storm Water Regulations were signed October 29, 1999, published in the Federal Register on December 8, 1999 [64 Fed. Reg. 68722], and became effective February 7, 2000.  Phase II brings municipalities under 100,000 in population and construction sites from 1-5 acres into the NPDES storm water permitting program.   Phase I regulations already regulate municipalities over 100,000 and construction sites more than 5 acres.  The regulations have an implementation schedule whereby those subject to the Phase II regulations do not have to obtain NPDES permit coverage until March 10, 2003.  EPA intends to make available NPDES general permits for both the small municipalities and construction sites. 

Assistance for Storm Water Phase 2 municipalties can be found on the Advanced Stormwater Information SysTems (ASIST) web site at www.asist.net/site/links/.

EPA Region 6 has put together a list of municipalities subject to the NPDES municipal storm water permit program. This list includes the Phase I cities that already need permit coverage as well as the Phase II cities that need permit coverage in 2003.

Office of Water Fact Sheet on who is covered by Phase II.

The EPA Region 6 Water Management Division has more information on Phase II:

No Exposure Certifications - Phase II of the regulations also allow industrial activities (except construction) that do not have exposure to storm water, to be exempted from the NPDES permitting if they correctly complete a "No Exposure Certification" and submit it to the NPDES permitting authority.  The effective date of this exemption takes place on February 7, 2000.  Under Phase I of the storm water regulations, category 11 facilities [40 CFR 122.26(b)(14)(xi)] did not have to obtain NPDES storm water permit coverage if they did not have exposure of their industrial activity to storm water.  Under Phase II, these facilities may remain exempted from the NPDES permitting authority.  However, they are now required to submit the "No Exposure Certification" form to the NPDES permitting authority.  Failure to either obtain an NPDES storm water permit or else submit a "No Exposure Certification" for category 11 facilities is a violation of the Clean Water Act effective February 7, 2000.   Please read the "No Exposure Certification" instructions very carefully to determine whether your facility is eligible and make use of the "Guidance Manual for Conditional Exclusion from Storm Water Permitting" (July 2000).  An incorrect interpretation may subject facilities to civil penalties.

Construction Exemptions - Small construction (1-5 acres) have been granted NPDES permit waivers from Phase 2 permitting based on low predicated rainfall potential or else an analysis such as a "total maximum daily load" study has been calculated determining storm water controls are not necessary. Determining a low predicted rainfall potential is done calculating the Revised Universal Soil Loss Equation (RUSLE) and determining a RUSLE of less than 5 for the construction site. EPA provided grant money to Texas A&M to develop a web site that assists the regulated community in calculating RUSLE and this web page can be found at: http://ei.tamu.edu/.

For more information, visit the Office of Water's Phase II Storm Water Web page at http://cfpub.epa.gov/npdes/stormwater/cgp.cfm. A Phase 2 Power Point Presentation was developed in Oct. 99. 

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EPA is implementing the NPDES Storm Water program in two phases.  Phase II went into effect February 7, 2000.  Those industrial facilities meeting the definition of "Storm Water Discharges Associated with Industrial Activity" under Phase I of the regulations were to have applied for NPDES permit coverage by October 1992. Medium (>100,000) and large (>250,000) municipalities were to have applied for a Municipal Separate Storm Sewer System NPDES storm water permit.  Small (<100,000) municipalities' under Phase II are required to obtain an NPDES permit by March 10, 2003.  Please direct any questions regarding Storm Water Phase II regulations to sw2@epamail.epa.gov or to George Utting of EPA's Office of Water or to Brent Larsen of EPA Region 6, or visit the EPA HQ's Office of Water Storm Water Web page at:  http://cfpub.epa.gov/npdes/stormwater/swphases.cfm. 

Here is a Phase II Power Point Presentation by EPA dated October 1998.  Mr. Everett Spencer made an MS4/Construction PowerPoint Presentation on June 13, 2002, in Beaumont, Texas.