David M. Webster, Chief
Industrial Permits Branch
EPA New England
NPDES Program
December 3, 2009

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Program Overview and Handouts Overview
Draft Small MS4 Permit and Activities Reported under 2003 Small MS4 Permit
– Permit conditions
– Changes from the previous permit
– Summary of comments received
– Estimated permit timeline
Update on other stormwater activities
Questions

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Construction - CGP
Industrial - MSGP
Municipal – MS4 Permits
Residual Designation
Individual Permits

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Phase II Stormwater promulgated in 1999
Regulates stormwater discharges from small
Municipal Separate Storm Sewer Systems
(MS4)
Implemented through National Pollutant
Discharge Elimination System (NPDES) permit program

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A municipal separate storm sewer system (MS4) is:
A conveyance or system of conveyances... owned by a state, city, town, or other public entity that discharges to waters of the U.S. and is:
– designed or used for collecting or conveying stormwater
– not a combined sewer
– not part of a Publicly Owned Treatment Works
(POTW)

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Regulated universe in MA
– 237 Traditional
– 13 Non-traditional
– 13 Waivers
– 2 Large MS4: Boston, Worcester (6/20/08 draft)
Regulated universe in NH
– 38 Traditional
– 4 Non-traditional
– 7 Waivers

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NH – Draft permit currently available
– Public notice December 23, 2008 to February 20,
2009
– Public hearing – January 28, 2009
MA – Draft permit available Fall/Winter 2009
– At least 2 General permits – watershed based
– Incorporation of state regulations

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Part 1 – Introduction
Part 2- Non-Numeric Effluent Limits
– Water Quality
– Maximum Extent Practicable
Part 3 – Monitoring
Part 4 – State specific requirements
Part 5 – Record keeping and Reporting
Part 6 – Requirements for Non-Traditional

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Part 7 – Requirements for Transportation
MS4s
Appendices
– A – Definitions
– B – Standard Conditions (40 CFR 122.41)
– C – Areas of Coverage
– D - Endangered Species Guidance
– E – Historic Property Guidance
– F – Notice of Intent Template
– G – TMDL requirements

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Describes eligibility and limitations on coverage
NOIs due 90 days from the effective date of permit
Each NOI will be made available for public comment
Authorization after public notice

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General requirements to comply with water quality standards
Specific requirements for discharges to impaired waters without approved
Total Maximum Daily Loads (TMDL)
Specific requirements for discharges to waters with approved TMDLs

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Includes the control measures from the previous permit
Includes more specific requirements for:
– Public education
– Illicit Discharge Detection (including monitoring)
– Post Construction Stormwater Management
– Good House Keeping

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Public Education and Outreach
Public Involvement and
Participation
Illicit Discharge Detection and
Elimination
Construction Site Runoff Control
Post-Construction Stormwater
Management for New and Redevelopment
Pollution Prevention/Good
Housekeeping for Municipal
Operations

SWMP MCM Summaries
& Select Metrics
Permit Year 6 (2008-2009)
MA Cities and Towns Only
(164 of 238 Reporting)

MCM #1 - Education & Outreach Practices
Reported Status of Practices Proposed in
SWMP
Brochures/Pamphlets
Web Page
Cable/PSAs/Videos
Stormw ater Education Programs
Displays/Posters/Kiosks
Signage
Special Events
New spaper/Press Releases
Contests
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% Implemented or Completed % Proposed in SWMP

MCM #2 - Public Participation &
Involvement Reported Status of Practices
Proposed in SWMP
Stormwater Management Committee
HHW Collection
Catch Basin Markers
Cleanups
Public Forums
Partnerships
Hotline/Webline
Public Surveys
Water Monitoring Program
0% 10% 20% 30% 40%
% Implemented or Completed
50% 60% 70% 80%
% Proposed in SWMP
90% 100%

MCM #3 - Illicit Discharge Detection &
Elimination
Reported Status of Practices Proposed in
SWMP
Program Development
Outfall Inspection
Outfall Monitoring
Illegal Dumping Program
Employee Training
Septic System Inspection
Program
Outfall Inventory
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% Implemented or Completed % Proposed in SWMP

Reported Status of Outfall Mapping (%
Complete)*
100% Complete
76-99% Complete
51-75% Complete
26-50% Complete
0-25% Complete
0% Complete
0% 10% 20% 30% 40%
Annual Report Year 5
50% 60% 70% 80% 90% 100%
Annual Report Year 6
*Year 6: 77% reporting (125 of 164 annual reports)
Year 5: 73% reporting (114 of 156 annual reports)

Reported Regulatory Mechanism
Status for IDDE*
In Place Prior to
Phase II
10%
Reviewing
Existing
Authorities
21%
Adopted
49%
Draft in Review
9%
Drafted
11%
* 96% reporting (157 of 164 year 6 annual reports)

MCM #4 - Construction Site Runoff Control
Reported Status of Practices Proposed in
SWMP
Inspection
Plan Review Process
Enforcement
Public Complaint Hotline
Ordinance/By-law
(Construction Only)
Receipt of Public Input
Inspector Training
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% Implemented or Completed % Proposed in SWMP

MCM #5 - Post-Development Runoff Control
Reported Status of Practices Proposed in
SWMP
Ordinance/By-law Post-
Construction Only
Inspection
Maitenance Covenants
Plan Review Process
Standard Specs/Detail
Drawings
Enforcement Procedures
Design Standards
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% Implemented or Completed % Proposed in SWMP

MCM #6 - Pollution Prevention and Good
Housekeeping
Reported Status of Practices Proposed in
SWMP
Deicing
Catch Basin/Pipe Cleaning
Street Sweeping
Employee Training
SWPPP/SPCC Plan
Grounds Care/ Integrated Pest Management
BMP Maintenance
Vehicle Washing
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% Implemented or Completed % Proposed in SWMP

Reported Frequency of Street
Sweeping (Commercial/Arterial)*
>2x/year
2x/year
1.5x/year
1x/year
1x/2 years - 1x/year
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Annual Report Year 5 Annual Report Year 6
*Year 6: 81% reporting (133 of 164 year 6 annual reports)
Year 5: 81% reporting (126 of 156 year 5 annual reports)

Reported Frequency of Street
Sweeping (Residential)*
>2x/year
2x/year
1.5x/year
1x/year
<1x/year
0% 10% 20% 30% 40% 50% 60% 70%
Annual Report Year 5 Annual Report Year 6
*Year 6: 83% reporting (136 of 164 year 6 annual reports)
Year 5: 85% reporting (133 of 156 year 5 annual reports)

Reported Frequency of Catch Basin
Cleaning (Commercial/Arterial)*
>2x/year
2x/year
1.5x/year
1x/year
<1x years
0% 10% 20%
Annual Report Year 5
30% 40% 50%
Annual Report Year 6
60% 70%
*Year 6: 77% reporting (127 of 164 year 6 annual reports)
Year 5: 75% reporting (117 of 156 year 5 annual reports)

Reported Frequency of Catch Basin
Cleaning (Residential)*
>2x/year
2x/year
1.5x/year
1x/year
<1x/year
0% 10% 20% 30%
Annual Report Year 5
40% 50% 60%
Annual Report Year 6
70% 80%
*Year 6: 76% reporting (124 of 164 year 6 annual reports)
Year 5: 72% reporting (113 of 156 year 5 annual reports)

Reported Catch Basin Screenings
Use & Disposal*
Other
Recycle
Beneficial Use
8%
10%
12%
Landfill 45%
Compost 26%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
* 48% reporting (78 of 164 year 6 annual reports)

Reported Annual Expenditures on
Stormwater Management Program*
>$250000
$100,001-250000
$25,001-100,000
Average: $94,400
$5,001-25,000
$1-5,000
$0
0% 5% 10% 15% 20%
Annual Report Year 5
25% 30% 35%
Annual Report Year 6
40%
*Year 6: 34% reporting (56 of 164 year 6 annual reports)
Year 5: 36% reporting (56 of 156 year 5 annual reports)

Illicit Discharge Detection and Elimination
Post Construction Runoff
Control
Public Outreach
&
Public Involvement
Construction Site Runoff
Control
Good Housekeeping
Public Education/Involvement touches all the other minimum measures

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Identifies specific audiences for education
Identifies specific topics for education
Requires evaluation of the effectiveness of educational messages

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Ordinance – required by 2003 permit
– Definition and limits
– Ability to stop discharges/correct problems
– Access
– Fines and Penalties
Complete system map
Assessment of system for illicit discharge potential
Systematic protocol for locating and removing illicits includes monitoring
Tracking program success
Prevent illicit discharges (Public education, e.g., hotline) www.cwp.org

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Ordinance in place –required by previous permit
– Sediment and erosion
– Good housekeeping/ pollution prevention
– Submit plans for review
– Fines and penalties
Plan review process
– Trained staff
– Integrated with post-construction review
Inspection
– Inventory and tracking of sites
– Ability to respond to citizen complaints
– Schedules, routine vs. targeted
Education
– Builders and developers, citizens, staff

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Ordinance covering new development and redevelopment – required by 2003 permit
– Requirements for plan review
– Reference design criteria
– Maintenance requirements
– Fines and penalties
Assessment of street design to support low impact development
Assessment of regulations to allow green infrastructure practices
Assessment of impervious areas and implement efforts to reduce
Long term maintenance program www.cwp.org

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Develop a program to prevent stormwater pollution from municipal operations
– Training for employees
– Standard operating procedures – parks, buildings, vehicles, and roads
– Stormwater Pollution
Prevention Plans for maintenance garages and waste handling facilities

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Associated with illicit discharge detection program
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Dry weather screening of all outfalls
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Wet weather sampling of all outfalls
– Required in the NH draft – may change
– Several comments on this – EPA reviewing

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Comments from 19 entities
Over 150 comments – EPA developing responses
Hot topics
– Water quality requirements
– Good housekeeping – roadway maintenance, catch basin cleaning
– Monitoring – frequency, location, parameters
– Cost to implement

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NH - Draft available
Public comment period closed (2/20/09)
– Prepare response to comment
– Issue final permit – publish in Federal Register
– Estimate final permit early 2010
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MA – at least 2 general permits
– Develop drafts – 1 st available Winter 2009/2010
– Public notice – 30 day minimum
– Public meetings and hearings (potential)
– Final issuance summer 2010

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Construction General Permit
– Issued July 2008 for two years – extended to
July 2011
– Reissued permit will include promulgated effluent limitation guidelines (ELGs)
– Final ELGs – published 11/23/09
Multi-Sector General Permit
– Issued September 29, 2008
Residual Designation Authority
– EPA to require permits from certain impervious areas in the Charles River Watershed

David Webster
617.918.1791
Webster.david@epa.gov
Thelma Murphy
617.918.1615
Murphy.thelma@epa.gov

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“NPDES Storm Water Permit
Program” http://www.epa.gov/region01/n pdes/stormwater/index.html