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Phase II Storm Water Rule

On October 29, EPA Administrator Carol Browner signed the Final Storm Water Phase II Rule to further regulate runoff of polluted water from construction sites and urban areas. In announcing the new rule on November 1, she said, “The Clinton-Gore Administration is committed to reducing one of the largest remaining sources of water pollution: stormwater runoff. Today we are taking a major step to protect public health and the environment for America’s families—increasing the safety of the water they drink and the rivers, lakes, and beaches they enjoy.”

Some background: Phase I of the National Storm Water Program was promulgated in November 1990. This regulation required National Pollution Discharge Elimination System (NPDES) permits under the Clean Water Act for municipal storm sewer systems serving populations over 100,000, for construction sites over 5 acres in size, and for certain industrial activities.

The Phase II Rule builds on that in two important ways: First, it will require NPDES permits for storm sewer systems serving smaller municipalities—any area defined as “urban,” which usually means a population over 50,000. There are approximately 5,000 additional municipalities across the U.S. of this size that will now need stormwater permits. Second, it will require NPDES permits for any construction project between 1 and 5 acres (0.4-2.0 ha) in size. Sediment runs off construction sites at a rate of 20 to 150 tons per acre (45 to 340 metric tons/ha) per year and has been identified as the single largest cause of impaired water quality in rivers, according to EPA. With the Phase II rule in place, more than 97% of the land disturbed by construction will now require stormwater discharge permits.

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