Amendment to Requirements for National Pollutant Discharge Elimination System (NPDES) Permits for Storm Water Discharges Under Section 402(p)(6) of the Clean Water Act

Today, EPA is promulgating changes to its National Pollutant Discharge Elimination System (NPDES) storm water permit application regulations under the Clean Water Act (CWA) to establish a sequential application process for all phase II storm water discharges. (Phase II storm water discharges include all discharges composed entirely of storm water, except those specifically classified as phase I discharges. Phase I discharges include discharges issued a permit before February 4, 1987; discharges associated with industrial activity; discharges from a municipal separate storm sewer system serving a population of 100,000 or more; and discharges that EPA or an NPDES State/Indian Tribe determine to be contributing to a violation of a water quality standard or a significant contributor of pollutants to the waters of the United States.) Application deadlines are in two tiers. This action will provide the NPDES permitting authority (either a State/Indian Tribe or EPA) flexibility to target those phase II dischargers that are contributing to a water quality impairment or are a significant contributor of pollutants for permitting within the next six years. All other phase II dischargers are required to apply for a permit only after six years, and only if the phase II regulatory program in place at that time requires such applications. EPA has also initiated a process by inviting its partners who are stakeholders in this matter to assist in the development of additional phase II rules, which will be finalized by March 1, 1999. These rules will determine the nature and extent of requirements, if any, that will apply to the various types of phase II facilities. Both the changes to the rules issued today as well as the development of the comprehensive phase II program through an inclusionary process is a response by EPA to the direction of the President on February 21, 1995, regarding regulatory reform.