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Report to Congress on the Phase II Storm Water Regulations

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: December 8, 1999 (Volume 64, Number 235)]
[Notices]
[Page 68852]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de99-107]

[[Page 68852]]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6472-8]


Report to Congress on the Phase II Storm Water Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of Report to Congress.

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SUMMARY: EPA submitted a Report to Congress prior to promulgation of
the new Phase II storm water regulations. The Report was required in
the Agency's appropriation legislation for fiscal year 2000. The
appropriation legislation also requires that USEPA invite public
comment on the Report. By this notice, USEPA invites public comment.

DATES: Written comments on this notice and the Report to Congress must
be submitted on or before January 7, 2000.

ADDRESSES: The Report to Congress on the Phase II Storm Water
Regulations is available through the Internet on the EPA Office of
Wastewater Management web site at http://www.epa.gov/owm/sw/phase2.
Hard copies may be obtained by contacting the U.S. EPA Water Resource
Center, 401 M Street, S.W., Washington, D.C. 20460; telephone: (202)
260-7786 (24-hour voice mail), fax: (202) 260-0386, e-mail:
center.resource@epa.gov. Comments should be mailed to George Utting,
USEPA, Office of Wastewater Management, Mail Code 4203, 401 M Street,
S.W., Washington, D.C. 20460. Comments also may be faxed to (202) 260-
1460 or submitted via the Internet to sw2@epamail.epa.gov.

FOR FURTHER INFORMATION CONTACT: George Utting, Office of Wastewater
Management, Mail Code 4203, 401 M Street, S.W., Washington, D.C. 20460;
telephone (202) 260-9530; email: sw2@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: On October 29, 1999, the Administrator of
EPA signed a regulation that implements Section 402(p)(6) of the Clean
Water Act. This rulemaking is referred to as the final Phase II storm
water rule and is also published in today's Federal Register.
    The Phase II storm water rule expands the existing National
Pollutant Discharge Elimination System (NPDES) permitting program to
address storm water runoff from construction sites between one and five
acres and municipal separate storm sewer systems in urbanized areas
serving populations of less than 100,000. The Phase II rule builds on
the existing Phase I program, which controls storm water runoff from
municipalities with populations greater than 100,000 and 11 industrial
categories, including construction disturbing over five acres.

Statutory Authority

    The Report to Congress on the Phase II Storm Water Regulations was
required by section 431(a) of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act of 2000, Public Law 106-74 (1999) (Appropriations Act). Section
431(a) of the Appropriations Act directed EPA to submit a report that
addresses the following issues with respect to the Phase II Storm Water
Rule: (1) An analysis of the impact of the rule on local governments,
(2) an explanation of the rationale for lowering the threshold for
regulation of construction sites from 5 acres to 1 acre, (3) an
explanation of why the coverage of the regulation is based on a census-
determined population instead of a water quality threshold and
documentation that storm water runoff is generally a problem in
communities with populations of 50,000 to 100,000, and (4) information
that supports the position of the Administrator that the Phase II storm
water program should be administered as part of the NPDES permit
program.
    On October 28, 1999, EPA delivered to the Committee on Environment
and Public Works in the Senate and the Committee on Transportation and
Infrastructure in the House of Representatives a report that satisfied
the mandate of section 431(a). Section 431(c) of the Appropriations Act
directs EPA to publish the report in the Federal Register for public
comment. By today's notice, EPA invites public comment by January 7,
2000. EPA will carefully review and evaluate comments received and
determine whether the comments warrant further action.

    Dated: November 4, 1999.
J. Charles Fox,
Assistant Administrator, Office of Water.
[FR Doc. 99-29301 Filed 12-7-99; 8:45 am]
BILLING CODE 6560-50-P

 
 

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