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Tucker- Talk by L. Scott Tucker Timely Comment from the District's Executive Director ! , l I , I Stormwater Phase n Propoaed Rule The Stormwater Phase II Proposed Rule was signed by EP A Administrator Carol Browner on Monday, December 15, 1997. The rule is scheduled to be printed in the Federal Register on January 9, 1998. A 9O-day comment period will begin on the date it is published in the Federal Register, and comments on the proposed rule will be due on April 8, 1998. Following receipt of comments EP A will revise the proposed rule as they think appropriate and finalize it by March I, 1999. The proposed rule would expand the existing NPDES Stormwater Program (phase I) which affects municipalities and counties with populations greater than 100,000 to smaller municipalities and constnJction sites that disturb one to five acres. Current regulations apply only to constnJction sites disturbing over five acres. It is estimated that there are some 3,500 communities under 100,000 in population, as well as many constnJction activities that will be affected by the proposed rule. Municipalities are encouraged to obtain a copy of the Federal Register dated January 9, 1998, review the proposed rule and submit comments to EP A. EP A plans to hold hearings on the proposed rule on.the following dates: February 23, 1998 in Washington, DC; February 25, 1998 in Boston, Massachusetts; February 27, 1998 in Atlanta Georgia; March 2, 1998 in Chicago, Illinois; March 4, 1998 in Dallas, Texas; and March 6, 1998 in San Francisco, California. For further information regarding the proposed rule, contact Mr. George Utting, Office of Wastewater Management, EnviroomP.11tal Protection Agency, Mail Code 4203,401 M Street, SW, Washington, DC 24460; 202-260-5816; SW2@epamail.epa.gov. The proposed Phase II stormwater regulation is being promulgated pursuant to requirements in the Clean Water Act. The basic goal of the Clean Water Act is to improve the quality of the Nation's waters. This goal is one that is supported by most, if not all local governments. What is going to be initially required of local governments by the Phase II regulations is reasonable, but by no means trivial. There will defiuitely be a cost. To some the regulations may be a burden and cause some degree of difficulty. A few entities are already doing some or all of the required activities. As local governments we should support the Nation's effort to improve water quality. After all it is our citizens who have the most to gain. Having said that, there are some things that you must understand This is a mandate. You have no choice. You must comply. Non<amp1iance can result in penalties for your city or county, and citizens from your community or elsewhere can take you to court if they think you are not complying with your permit requirements. You will not be able to stop or change doing the things that will be in your permit unless you get your permit modified. lfyou are already doing some of the required activities, cost may not be a factor. However, those measures would no longer be discretiouary. You will not be able to cut back if you want to shift efforts to another concern, say police protection, without approval from the NPDES permitting entity. 1 make these comments not to be critical, but to be realistic. When reviewing the proposed regulations you must be thinking that we are starting a new way to do business in the public works field; one in which a permitting entity, either EPA directly or through 3 the states, controls through regulation a segment of your public works activity, but you pay for it The bottom line is that you will need a permit to discharge stormwater from your community and in order to get that permit you must do certain things. And uofortunately, it is a simple fact that when it rains, it discharges. Hopefully, these comments will help local governments understand what is involved with the Phase II stormwater regulations and how they may impact your city, county, or business. Who needs a oormit? All municipalities under 100,000 population that are located within wbanized areas will be required to have permits. An wbauized area is defined by the Bureau of Census as comprising a place and the adjacent densely set'led surrounding territory that together !.ave a miuimurn population of 50,000 people. All cities and counties that are located within census defined urbanized areas would be required to obtain permits. ADDlication reouirement. Basically all communities, with some minor exceptions, that are located within census defined wbauized areas must seek coverage under either an individual or General Permit. For those seeking coverage under a General Permit, they will have to submit a Notice of Intent (NOI) to the permitting entity in order to be covered. The General Permit itself will explain the steps necessary to obtain coverage. The states will write the General Permi'S in about 42 states that have the anthority to admiuister the NPDES Program, and EP A will write the GeneraI Permits that will apply to about 10 states. You must apply for coverage within three years and 90 days of the date the final regulation goes into effect which if it (Continued on page 20)