Stormwater Proposed and Final Rules

Final Rules

• Final MS4 General Permit Remand Rule (December 9, 2016) - EPA has finalized modifications to the Phase II stormwater regulations relating to the use of general permits for small MS4s in response to a Ninth Circuit remand of these regulations. The final rule establishes two alternative approaches an NPDES permitting authority can use to issue and administer small MS4 general permits that address the court remand. 
  • Mark-Up Version of MS4 General Permit Remand Rule
  • MS4 Permits - Compendium of Clear, Specific and Measurable Permitting Examples - Includes current provisions expressed in “clear, specific, and measurable” terms
  • Final Rule Fact Sheet

Final Rules

• Amendments to the NPDES Regulations for Stormwater Discharges Associated with Oil and Gas Exploration, Production, Processing, or Treatment Operations or Transmission Facilities (June 12, 2006) – Consistent with the Energy Policy Act of 2005, this final rule exempts construction activities at oil and gas sites from the requirement to obtain an NPDES permit for stormwater discharges except in very limited instances. EPA issued a public notice for the proposed rule which opened on January 6, 2006 and closed on February 21, 2006. The rule became effective June 12, 2006.
  • Fact Sheet
  • Final Rule (PDF)(13 pp, 229 K, About PDF)
  • Questions and Answers
  • Stormwater Oil and Gas Information
• Note: This rule was vacated effective November 2008. The effective requirements are the regulations in place prior to the 2006 rule plus the additional Energy Policy Act clarification of the activities included in the CWA 402(l)(2) exemption.
• National Pollutant Discharge Elimination System - Regulations for Revision of the Water Pollution Control Program Addressing Stormwater Discharges; Final Rule (December 08, 1999) – Phase II regulations expanded the existing NPDES stormwater program (Phase I) by addressing stormwater discharges from small MS4s and construction sites that disturb one-five acres. Although those sources are automatically designated by the rule, the rule allows for the exclusion of certain sources from the national program based on a demonstration of the lack of impact on water quality, and the inclusion of others based on a higher likelihood of localized adverse impact on water quality. The regulations also exclude from the NPDES program stormwater discharges from industrial facilities that have "no exposure" of industrial activities or materials to stormwater.
  • Section 1
  • Section 2: Appendices
• National Pollutant Discharge Elimination System Permit Application Regulations for Stormwater Discharges; Final Rule (November 16, 1990) – Phase I established regulations setting forth NPDES permit application requirements for stormwater discharges associated with industrial activity; discharges from a municipal separate storm sewer system serving a population of 250,000 or more; and discharges from municipal separate storm sewer systems serving a population of 100,000 or more, but less than 250,000.
  • Entire Phase I Rule
  • Sections 1 through 5
  • First Half of Section 6
  • Second Half of Section 6
  • Sections 7 through 9
  • Part 122
  • Form 2F

Stormwater Construction Notices

• Proposed Construction General Permit (April 11, 2016)
  • EPA’s regional offices proposed for public comment the draft 2017 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) covering stormwater discharges from construction activities. This draft permit, once finalized, will replace the existing permit covering stormwater discharges from construction activities that will expire on February 16, 2017. The CGP authorizes the discharge of stormwater from construction sites that disturb one or more acres of land, and from smaller sites that are part of a larger common plan of development. The permit provides coverage to eligible operators in areas where EPA is the permitting authority, including Idaho, Massachusetts, New Hampshire, New Mexico, Indian Country lands, the District of Columbia, and all U.S. territories and protectorates except the Virgin Islands.
• Current 2012 Final EPA Construction General Permit
  • Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities (PDF)(8 pp, 182 K, About PDF) (February 29, 2012) – EPA’s regional offices issued their final 2012 NPDES general permit for stormwater discharges from large and small construction activities.
• Draft 2012 EPA Construction General Permit
  • Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Construction Activities (PDF)(5 pp, 164 K, About PDF) (April 25, 2011) – EPA’s regional offices issued their draft 2012 NPDES general permit for stormwater discharges from large and small construction activities.
• Expired 2008 Final EPA Construction General Permit
  • Modification to 2008 National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PDF)(5 pp, 164 K, About PDF) (July 08, 2011) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 modified the 2008 NPDES general permit for stormwater discharges associated with construction activity in order to extend the expiration date of the permit to February 15, 2012.
  • Modification to 2008 National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PDF)(10 pp, 191 K, About PDF) (April 25, 2011) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 proposed the draft 2008 NPDES general permit for stormwater discharges associated with construction activity and proposed to modify the expiration date of the permit to January 31, 2012.
  • Modification to 2008 NPDES General Permit for Stormwater Discharges Associated with Construction Activities (PDF)(4 pp, 156 K, About PDF) (January 28, 2010) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 modified the 2008 NPDES general permit for stormwater discharges associated with construction activity in order to extend by one year the expiration date of the permit.
  • Final NPDES General Permit for Stormwater Discharges from Construction Activities (PDF)(6 pp, 198 K, About PDF) (July 14, 2008) – EPA regions 1, 3, 6, 7, 8, 9, and 10 issued the 2008 NPDES general permit for stormwater discharges from new dischargers engaged in large and small construction activities.
• Expired 2003 Final EPA Construction General Permit
  • Final NPDES General Permit for Stormwater Discharges from Construction Activities (PDF)(3 pp, 171 K, About PDF) (July 01, 2003) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 issued EPA's final NPDES general permit for discharges from large and small construction activities.
• Expired Final Reissuance of the NPDES Stormwater Construction General Permit for the Commonwealth of Massachusetts and Indian Country in Massachusetts (PDF)(3 pp, 171 K, About PDF) (August 04, 2003) – EPA provided notice of the reissuance of the final NPDES stormwater construction general permit for the Commonwealth of Massachusetts and Indian Country within the Commonwealth of Massachusetts.
• Ninth Circuit Issues Opinion to Vacate 2006 Oil and Gas Rule (May 23, 2008) – On May 23, 2008, the Ninth Circuit Court of Appeals issued an opinion in Natural Resources Defense Council v. United States Environmental Protection Agency, No. 06-73217, vacating EPA's 2006 oil and gas construction stormwater regulation. The regulation effectively exempted from NPDES permit requirements stormwater discharges of sediment from construction activities associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities unless the relevant facility had a discharge of stormwater resulting in a discharge of a reportable quantity of oil or hazardous substances. 40 CFR 122.26(a)(2)(ii) [citing 40 CFR 122.26(c)(1)(iii)(C)] (PDF). EPA promulgated this regulation to implement an amendment to the Clean Water Act enacted in the Energy Policy Act of 2005.

Stormwater Industrial Notices

Multi-Sector General Permits for Stormwater Discharges from Industrial Activities

• Current 2015 EPA Multi-Sector General Permit
  • Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Industrial Activities (PDF)(5 pp, 213 K, About PDF) (June 16, 2015) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 issued the final NPDES general permit for stormwater discharges from industrial activity, also referred to as the Multi-Sector General Permit (MSGP). The MSGP consists of 44 separate regional EPA general permits that may vary from each other based on state or tribal certifications and water quality-based requirements.
• Expired 2008 EPA Multi-Sector General Permit
  • Final NPDES General Permit for Stormwater Discharges from Industrial Activities (PDF)(7 pp, 197 K, About PDF) (September 29, 2008) – EPA regions 1, 2, 3, 5, 6, 9, and 10 issued the final NPDES general permit for stormwater discharges from industrial activity, also referred to as the Multi-Sector General Permit (MSGP). The MSGP consists of 34 separate regional EPA permits that might vary depending on state or tribal water quality-based requirements.
• Expired 1998 Final Modification EPA Multi-Sector General Permit
  • Final Modification of the NPDES Stormwater Multi-Sector General Permit for Industrial Activities (PDF)(15 pp, 239 K, About PDF) (September 30, 1998) – EPA terminated the NPDES stormwater baseline industrial general permit.
  • Modification of the NPDES Stormwater Multi-Sector General Permit for Industrial Activities (PDF)(15 pp, 239 K, About PDF) (August 07, 1998)
• Expired 1995 Final Multi-Sector General Permit
  • Final NPDES Stormwater Multi-Sector General Permit for Industrial Activities (PDF)(3 pp, 154 K, About PDF) (January 19, 1999) – EPA issued technical corrections and notice of the final NPDES stormwater general permit for Alaska.
  • Technical Correction; Final NPDES Stormwater Multi-Sector General Permit for Industrial Activities (PDF)(1 pg, 98 K, About PDF) (February 20, 1996) – EPA issued a technical correction.
  • Final NPDES Stormwater Multi-Sector General Permit for Industrial Activities (PDF)(7 pp, 136 K, About PDF) (February 09, 1996) – EPA issued corrections, technical amendments (deadline extensions for applicants under the stormwater MSGP), and notice of the final NPDES stormwater general permit for Alaska.
  • Final NPDES Stormwater Multi-Sector General Permit for Industrial Activities (PDF)(516 pp, 4.6 MB, About PDF) (September 29, 1995)
• Extension of NPDES Permit Deadline for Stormwater Discharges for Oil and Gas Activity That Disturbs One to Five Acres (PDF)(4 pp, 186 K, About PDF) (March 09, 2005) – EPA extended until June 12, 2006, the regulatory deadline that would require stormwater permit coverage for oil and gas construction activities that disturb between one and five acres of land. The additional time was used to consider comments from stakeholders and the economic, legal, and procedural implications related to controlling stormwater discharges from the sites. The extension also addressed EPA’s intent to develop and propose a regulation by September 12, 2005, that would address stormwater discharges from the oil and gas construction sites.

Stormwater Municipal Notices

• Stakeholder Input; Stormwater Management Including Discharges From New Development and Redevelopment (PDF)(6 pp, 154 K, About PDF) (December 28, 2009) – This notice announced plans to initiate national rulemaking to establish a comprehensive program to reduce stormwater discharges from new development and redevelopment and to make other regulatory improvements to strengthen the stormwater program. The purpose of this notice was to request input from the public to help EPA shape the comprehensive program and to announce EPA’s intent to hold several public listening sessions in January 2010.
• Agency Information Collection Activities; Stormwater Management Including Discharges From Developed Sites Questionnaires (PDF)(5 pp, 164 K, About PDF) (May 10, 2010) – In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announced a new information collection request (ICR) forwarded to the Office of Management and Budget for review and approval. The ICR, which is abstracted in the document, describes the nature of the information collection and its estimated burden and cost.
• Stakeholder Input on Stormwater Rulemaking Related to the Chesapeake Bay: Notice of Public Meeting (PDF)(5 pp, 164 K, About PDF) (October 08, 2010) – This notice solicited the public’s input specifically on Chesapeake Bay-specific provisions of a new stormwater rulemaking.