Environmental Protection Agency
The National Pollutant Discharge Elimination System (NPDES) existing storm water program (Phase I) is resulting in significant improvement of surface water quality in the United States by reducing polluted runoff from a large number of priority sources, including major industrial facilities, large and medium city storm sewers (``municipal separate storm sewer systems'' or ``MS4s''), as well as construction sites that disturb 5 or more acres. Today's proposed NPDES storm water regulations (Phase II), which will be finalized by March 1, 1999, would expand this existing national program to smaller municipalities and construction sites that disturb 1 to 5 acres. In this expansion, EPA is proposing ``safety valves'' which would allow certain sources to be excluded from the national program based on the lack of impact on water quality, as well as to pull in other sources not regulated on a national basis based on localized adverse impact on water quality. Finally, EPA is proposing to conditionally exclude from the NPDES storm water program, industrial facilities that have ``no exposure'' of industrial activities to storm water, thereby reducing application of the program to many industrial activities currently covered by the program that have no industrial storm water discharges. This rule would establish a cost effective, flexible approach for reducing negative environmental impact by storm water discharges from these currently unregulated sources. The ``National Water Quality Inventory, 1994 Report to Congress'' indicates that storm water discharges from a variety of sources including separate storm sewers, construction, waste disposal, and resource extraction activities are major causes of water quality impairment; roughly 46 percent of the identified cases of water quality impairment of estuarine square miles surveyed, for example, are attributable to storm sewer runoff. EPA believes that the implementation of the six minimum measures, which focus on a ``best management practices'' (BMP) approach, identified for the small municipalities in this proposal should significantly reduce pollutants in urban storm water compared to existing levels in a cost effective manner. If after implementing the six minimum measures there is still a water quality problem, the municipality would expand or use better tailored BMPs in their minimum measures to result in water quality improvement. Similarly, EPA believes that implementation of BMP controls at small construction sites will also result in a significant reduction is pollutant discharges and an improvement in surface water quality. EPA believes this rule will cost significantly less than the existing 1995 rule that is currently in place, and will result in significant monetized financial, recreational and health benefits, as well as benefits that EPA has been unable to monetize, including reduced scouring and erosion of streambeds, improved aesthetic quality of waters, reduced eutrophication of aquatic systems, benefit to wildlife and endangered and threatened species, tourism benefits, biodiversity benefits and reduced siting costs of reservoirs. In addition, there will be an economic savings from the proposed ``no exposure'' streamlining. The rule would provide for a NPDES program approach that: encourages the use of general permits, provides flexibility for municipalities to determine the nature of storm water controls, provides flexibility in use of watershed approaches, is consistent with the existing storm water Phase I program, recognizes and includes existing programs, utilizes the existing NPDES program which is Federally enforceable and takes advantage of existing structures and mechanisms for public participation. EPA is inviting comment on alternative approaches that may be available to allow efficient and effective targeting of environmental problems for the Phase II program, without extension of the NPDES program to Phase II dischargers. EPA is committed to continue seeking the input of all stakeholders in the development of this proposed rule, including continuing to seek input and advice from the Phase II Subcommittee of the Urban Wet Weather Flows Federal Advisory Committee which was established in 1995.
Citation: 63 FR 1536
