NPDES Municipal Separate Storm Sewer System General Permit Remand Rule (Final)
Dec. 9, 2016
EPA is revising the regulations governing regulated small municipal separate storm sewer system (MS4) permits to respond to a remand from the United States Court of Appeals for the Ninth Circuit in Environmental Defense Center, et al. v. EPA, 344 F.3d 832 (9th Cir. 2003). In that decision, the court determined that the regulations for providing coverage under small MS4 general permits did not provide for adequate public notice and opportunity to request a hearing. Additionally, the court found that EPA failed to require permitting authority review of the best management practices (BMPs) to be used at a particular MS4 to ensure that the small MS4 permittee reduces pollutants in the discharge from their systems to the "maximum extent practicable" (MEP). The final rule establishes two alternative approaches a permitting authority can use to issue NPDES general permits for small MS4s and meet the requirements of the court remand. This final rule does not establish any new substantive requirements for small MS4 permits. This final rule is effective on 9 January 2017. POC is Greg Schaner, Office of Wastewater Management, Water Permits Division (4203M), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 202-564-0721; email: firstname.lastname@example.org ( Federal Register; 9 December 2016 [Rules and Regulations], pages 89320-89352).