On Wednesday, the U.S. Environmental Protection Agency (EPA) published a proposed rule to revise the permit process for Phase II municipal separate storm sewer systems serving jurisdictions of fewer than 100,000 in an urbanized area. The proposed rule would also apply to small cities outside an urban area where the State has determined that a storm water discharge causes or could cause an adverse impact on water quality. Military bases, universities, large hospital or prison complexes, and highways are also subject to the proposed rule. Public comments on the proposed rule are due March 21, 2016.
The rule is a scaled-back version of an earlier draft and would not impose new discharge requirements on small cities. The rule responds to a court order to ensure administrative and public review and comment of storm water management goals for small cities. The rule proposes three approaches that differ from current practice and requests input from the public. One approach would call for a general permit that includes specific requirements to be adopted after public review and comment; another approach would be similar to current practice whereby a discharge notice is filed but now specific control objectives would be required with the opportunity for public review and a hearing; and the third approach would be a combination of the other approaches, the application of which would be determined by the State.