Public Comment Period on EPA Revisions to Stormwater Permit

EPA is proposing changes to the regulations governing small municipal separate stormwater sewer system (MS4) permits responding to remand from United States Court of Appeals

EPA’s proposal would revise the small MS4 regulations to ensure that the permitting authority (NYSDEC) determines the adequacy of Best Management Practices (BMPs) and other requirements as well as providing public notice and the opportunity to request a public hearing on the requirements for each MS4.  EPA is soliciting comments on three approaches under consideration.   Comments may be submitted to EPA until March 21, 2016.

Regardless of the option selected, the final rule will require NYSDEC to make the final determination as to whether the requirements to which the MS4 operator is subject meets the statutory requirements to reduce discharges to the  Maximum Extent Practicable (MEP), to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act.