Perspectives on Potential Impacts of the Proposed Phase II MS4 General Permit Remand Rule
01/19/2016 - 1:00 - 2:30 PM ET
The proposed Phase II
Municipal Separate Storm Sewer System (MS4) permit remand rule was published in the Federal
Register on Wednesday, January 6, 2016. A 75 day public comment period begins
with this publication and will conclude on March 21, 2016. The official rule is
located here. WEF has been working
with EPA on this rule by facilitating engagement with MS4 Phase II communities
to provide EPA with input.
This webcast will discuss background on the rule and its potential impacts to communities throughout the U.S., in order to increase the knowledge base of the regulated community and public. Experts will be available to discuss details of the proposed rule and available to address participant questions and concerns.
The proposed rule is
the result of a mid-September settlement approved by the Ninth Circuit U.S.
Court of Appeals with the Natural Resources Defense Council (NRDC) and the
Environmental Defense Center Inc. That settlement requires EPA to revise its
MS4 Phase II permits, which affects small communities with populations below
100,000. The agency is obligated to issue a final MS4 rule by Nov. 17, 2016
under the terms of the settlement. EPA is also required to determine by May 26,
2016 if it will regulate stormwater runoff from forest roads.
The settlement resulted
in the petitioners agreeing to withdraw a December 2014 lawsuit against EPA
focused on claims that EPA did not implement requirements of a 2003 Ninth
Circuit court ruling on Phase II MS4 permits and forest road stormwater runoff.
The 2003 ruling required EPA to address procedural issues within the Phase II
rule related to issuing Notices of Intent under the small MS4 General Permit
option. According to the 2003 case, without public review and approval of
permits, the rule lacked assurance that regulated communities would reduce
stormwater pollution to the maximum extent practicable as required by the Clean
will continue to engage EPA and will be providing comments during the rule’s
public participation period. WEF will assemble its respective committees to
review the rule and provide focused comments designed to improve the proposed