Understanding your community’s water-quality issues is the first step to meeting EPA’s maximum-extent-practicable standard.

By Robert Armstrong

We have all heard the adage "Failure to plan is planning to fail." Nowhere is that more true than with EPA’s National Pollutant Discharge Elimination System Phase II program.

The time is here for municipal separate storm sewer systems (MS4s) to plan how they will respond to the NPDES Phase II mandate. Actions taken by your MS4 between now and the March 10, 2003, deadline likely will determine whether your MS4’s Phase II program will be a success. A thoughtful planning process leads to the development of an effective, cost-efficient, and compliant program.

The planning process needed for an effective Phase II program will vary among MS4s. However, planning should include three key elements:

1. a clear understanding of the Phase II mandate to improve water quality to the maximum extent practicable (MEP),
2. a strong grasp of the tools available for improving your water quality,
3. the development of a process to determine if identified water-quality problems and challenges are being corrected.

Understanding "Maximum Extent Practicable"

Embarking on the journey of Phase II compliance without a clear understanding of EPA’s MEP mandate would be a little like starting a family vacation and deciding to leave behind the road map to your destination. Unfortunately, the MEP road map is not as clear and easy to follow as an ordinary road map. In fact, EPA has indicated that it purposefully left the road map vague to allow each MS4 to chart its own course. Nevertheless, MS4s are expected to reach the final destination of improving their water quality to the MEP.

At face value, "maximum extent" and "practicable" appear to be competing philosophies. "Maximum extent" conjures notions of improving water quality as much as is physically possible–a notion that has the potential to strike fear into the heart of an MS4’s financial planners, as well as the environmental and engineering staff that will be charged with implementing the program. On the other hand, the "practicable" modifier would seem to provide an easy out to a community that doesn’t possess the collective will to improve water quality within the community.

Actually, the terms complement each other quite well. The trick is to find the right balance of these terms for your MS4. Equally important is the ability to demonstrate to your local permitting authority how you determined your proposed program meets the MEP standard. To do that, you must know what water-quality improvements are needed within your MS4.

MS4s covered under Phase II are not required to show numerical results to substantiate that they are improving their water quality as planned. Instead they are allowed to rely on the so-called narrative standard. An MS4 can set measurable goals for the completion of actions and programs it believes will improve water quality, rather than setting measurable goals for numeric improvements to the water quality. These narrative goals, however, cannot meet an MEP standard without being targeted to address specific water-quality problems within the MS4. Indeed, the absence of a requirement for numerical quantification and verification of water-quality improvements adds additional weight to the necessity of having a very clear understanding of your MS4’s water-quality problems and challenges. Implementing a Phase II program without a clear understanding of these water-quality issues is a sure prescription for an ineffective Phase II program. MS4 resources are going to be expended to comply with the Phase II rules. The question is, will your MS4 get its money’s worth?

Characterizing Water Quality

EPA has estimated that MS4s will spend approximately $9 per household per year to implement a Phase II program. Many Phase I cities have spent considerably more–up to $45 per household per year. Phase II cities are likely to see numbers that lie somewhere between the EPA estimate and the Phase I amounts. Identifying existing and potential water-quality problems can help limit those expenditures and target those resources appropriately.

Whatever method or combination of methods you use to characterize your MS4’s water quality, the key is to identify locations, causes, and trends as much as possible. This information will form the foundation of an effective stormwater-quality program. The more detailed the information, the stronger the foundation will be. Here are some possible methods of identifying water-quality problems.

• Develop a water-quality testing program. While it is true that Phase II MS4s are not required to perform any numeric testing, it is also true that there is no better method of identifying existing water-quality problems than to numerically test and classify your MS4’s water conveyances.
• Solicit input from local citizens. Local citizens, groups, and organizations can provide invaluable information to describe a community’s water quality.
• Review media reports. Searching historical reports can help identify locations where a particular water-quality problem exists and can also prove valuable in classifying the types of water-quality problems that tend to occur more frequently within the MS4.
• Interview public agency staff regarding current and historic water-quality problems and issues.
• Hold discussions with other local, state, and federal agencies regarding your MS4’s water quality and any special regional conditions that should be taken into consideration.
• Evaluate previous reports and local planning and zoning information.

After characterizing water quality, you are ready to take up the issue of planning a program that meets the MEP standard. The key to finding the right balance between "maximum extent" and "practicable" is in the approach to the planning process. Approaching the process first from the standpoint of meeting water-quality needs and then scaling back as required by budgetary constraints should go a long way in demonstrating to your local permitting authority a desire to meet the MEP standard. This approach might seem backward at first, but the intent is to demonstrate that the "maximum extent" is the goal, while budgetary constraints add the "practicable" to MEP. The list of planning elements below, while not exhaustive, serves as a planning framework for meeting the MEP standard:

• Define water-quality objectives with reference to the previously identified problems and challenges.
• Set measurable goals for each of the Phase II six minimum control measures.
• Select the best management practices (BMPs) needed to meet the identified goals.
• Assess your existing programs and determine which ones fulfill or could be revised to fulfill your BMP goals and objectives.
• Estimate the costs associated with meeting the measurable goals.
• Explore funding mechanisms and establish a budget for Phase II implementation.
• Adjust the goals and BMPs to fit within the budget.

To estimate your MS4’s cost for implementing its MEP-standard Phase II program, you must have a firm grasp on the details of the BMPs at your disposal for implementing the program. Much has been written to describe the six minimum control measures that must be included within your Phase II program, but less has been written describing the BMPs that will get you there.

Selecting Appropriate BMPs

EPA recently published its menu of BMPs for MS4s to draw from in developing their implementation plans. This is not meant to be an exhaustive list of available BMPs but, rather, an extended list of BMPs to choose from as a starting point in developing your MS4’s Phase II program. Although it is not possible in this forum to discuss all of the BMPs that EPA has listed, several representative BMPs, organized according to minimum control measure category, are discussed.

Public Education and Outreach

This minimum control measure requires MS4s to "implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff." Don’t underestimate the benefit that this minimum control measure can have on your community’s water quality. Public education BMPs from EPA’s menu are shown below.

Public Education and Outreach for Homeowners

• Lawn and garden activities
• Water conservation practices for homeowners
• Proper disposal of household hazardous wastes
• Pet waste management
• Trash management

Targeting Public Outreach and Education

• Education/outreach for commercial activities
• Tailoring outreach programs to minority and disadvantaged communities and children
• Classroom education on stormwater
• Stormwater educational materials

Public Outreach Programs for New Development

• Low-impact development

Pollution Prevention Programs for Existing Development

• Educational displays, pamphlets, booklets, and utility-bill stuffers
• Using the media
• Promotional giveaways
• Pollution prevention for business

Texas SmartScape provides information on native plants for homeowners and businesses.

You can develop an effective and cost-efficient public education program by tailoring it to address previously identified problems and by targeting specific audiences. This minimum control measure also lends itself well to EPA’s compliance provisions that allow, with certain stipulations, an MS4 operator to join with other parties or to rely on another entity to attain the MS4’s desired measurable goals.

Existing public education efforts by the North Central Texas Council of Governments (NCTCOG) provide a good example of how an MS4 can use a third party in an effort to attain certain measurable goals. One of the many educational programs that the NCTCOG has implemented is Texas SmartScape, distributed on CD-ROM, which describes water quality and other benefits that are attained when homeowners and businesses utilize native vegetation for landscaping. Native vegetation reduces the amount of watering, fertilizer, and pesticides in comparison with traditional use of non-native vegetation for landscaping. In addition to describing the benefits of a native plant landscaping approach, the CD-ROM also provides detailed how-to information, plant lists, photos, guidelines, maintenance requirements, and various other resources. Coordinated regional efforts similar to this NCTCOG program can provide a very cost-effective educational program.

It is important to remember that EPA allows five years for the minimum control measures to be developed and become fully implemented. An effective minimum control measure program will include a wide variety of BMPs to cover all of the bases. Table 1 shows an example of a phased implementation of a classroom education BMP.

Table 1. Classroom Education on Stormwater

Public Involvement and Participation

EPA requires that, at a minimum, your Phase II public involvement program "comply with State, Tribal, and local public notice requirements when implementing a public involvement/participation program." Opportunities for the public to be involved in your stormwater management program increase the "buy-in" toward the program and the assessment of any fees that may be necessary for the program’s implementation. The following fact sheets are available from the EPA menu.

Activities/Public Participation

• Storm-drain stenciling
• Stream cleanup and monitoring
• Volunteer monitoring
• Reforestation programs
• Wetland plantings
• Adopt-a-Stream programs

Involvement/Public Opinion

• Watershed organization
• Stakeholder meetings
• Attitude surveys

Additional public involvement and participation functions could involve developing a citizen advisory committee or soliciting citizen input for stormwater ordinances or a stormwater criteria manual. Many innovative ways can be discovered for involving a community in stormwater-related activities. One tried-and-true method that has met with success in many communities is the development of a storm-drain stenciling program. A phased approach for implementing a stenciling program might look similar to the one in Table 2.

Table 2. Storm-Drain Stenciling

Pollution Prevention/Good Housekeeping for Municipal Operations

This minimum control measure encompasses many areas. EPA requires operators of regulated MS4s to "develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations." A training program must be developed for municipal employees to reduce or prevent pollution from park and open-space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. The following BMP fact sheets are available.

Source Management

• Automobile maintenance
• Car washing
• Illegal dumping
• Landscaping and lawn care
• Pest control
• Parking lot and street cleaning
• Roadway and bridge maintenance
• Septic system controls
• Storm-drain system cleaning
• Alternative discharge options for chlorinated water

Materials Management

• Alternative products
• Hazardous materials storage
• Road salt application and storage
• Spill response and prevention
• Used oil recycling
• Materials management

An important aspect of setting measurable goals and of developing your stormwater management program will be to make a thorough evaluation of your existing programs and to "take credit" for water-quality—improving management practices that your MS4 already performs. Nowhere is that approach more important than within the context of the good housekeeping minimum control measure. There might be many activities various departments within your MS4 perform already that need no adjustment, or only minor adjustment, to provide the type of water-quality benefits to your community that this minimum control measure intends.

The implementation of some of the BMPs listed above might also need to stretch across several departments to be effective. Implementing a pesticides-reduction BMP is a prime example. There may be several departments within an MS4 that have varying pesticide programs. A pesticide-use-reduction BMP might go a long way toward improving your community’s water quality. A phased approach for implementing a pesticides-reduction program might look similar to the one in Table 3.

Table 3. Pesticide-Use Reduction

Construction-Site Stormwater Runoff Control

This minimum control measure requires that operators of regulated small MS4s "develop, implement and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre." EPA has provided more specific guidance for this measure than for others. EPA requires that your program include, at a minimum:

• an erosion and sediment control ordinance (or other regulatory mechanism) that includes sanction abilities to ensure compliance,
• erosion and sediment control BMP implementation by construction-site operators,
• control of construction-site waste materials by site operators,
• a site plan review process that incorporates water-quality impact considerations,
• specific procedures for receiving and considering information submitted by the public,
• procedures for site inspection and enforcement of control measures.

Many small regulated MS4s, especially those experiencing significant growth, might find this control measure to require a significant expenditure of resources. EPA’s BMP menu currently lists more than 35 different BMPs for consideration in developing this phase of your stormwater program. The individual BMPs listed fall under the following categories:

• Minimizing clearing activities
• Stabilizing drainage ways
• Stabilizing exposed soils
• Protecting steep slopes
• Protecting waterways
• Phased construction
• Installation of perimeter controls
• Installation of sediment trapping devices
• Inlet protection
• Control of construction-site waste material
• Educational and awareness activities

An effective construction-site stormwater runoff control program will incorporate many options for construction-site designers and operators to choose from in selecting the BMPs that are best suited for a given site. Table 4 shows an example schedule for implementing the entire construction-site stormwater control program.

Table 4. Construction-Site Stormwater Runoff Control

Postconstruction Stormwater Management in New Development and Redevelopment

Improper or ineffective silt fence installation should be detected during site inspection.

Water-quality issues are addressed more efficiently by preventing degraded quality rather than attempting to improve water quality after the degradation has already occurred. The need for an effective postconstruction stormwater management component to your stormwater program is underscored by that reality. EPA requires that this component of your program include the development, implementation, and enforcement of a program that addresses stormwater runoff from new development and redevelopment projects that disturb greater than or equal to 1 ac. of land. The program must include a combination of structural and nonstructural BMPs and address development and redevelopment runoff issues through ordinances. EPA further recommends that your program include an attempt to maintain predevelopment runoff conditions. EPA also encourages communities to participate in watershed planning efforts that involve a diverse group of stakeholders, including interested citizens.

The BMPs listed in the EPA menu fall into the following categories:

• Detention/retention facilities
• Infiltration practices
• Filtration practices
• Vegetative practices
• Runoff pretreatment practices
• "Green" site design
• Experimental practices
• On-lot treatment

The vast majority of the BMPs to achieve this control measure will be implemented through local ordinances and design criteria manuals. The primary thrust of implementing these BMPs should be to alter current design practices to facilitate the incorporation of these techniques into new development and redevelopment activities. Table 5 shows an example of a schedule for implementing this minimum control measure.

Table 5. Postconstruction Stormwater Management in New Development and Redevelopment

Illicit Connection Detection and Elimination

EPA requires all MS4s to "develop, implement and enforce a program to detect and eliminate illicit discharges." EPA further requires each MS4 to develop a storm sewer system map, including the location of all outfalls and waters of the United States that receive discharges; develop ordinances to prohibit nonstormwater discharges into the MS4; develop and implement a plan to detect and address nonstormwater discharges; and develop an educational program to inform individuals and businesses of the hazards associated with illegal discharges. EPA fact sheets related to this control measure include the following:

• Failing septic systems
• Industrial business connections
• Recreational sewage
• Sanitary sewer overflows
• Identifying illicit connections
• Wastewater connections to the storm-drain system
• Illegal dumping

The resources required to implement this minimum control measure will vary greatly among MS4s. Newer, rapidly growing MS4s might find their biggest challenge is simply to keep up with and map growth. Older, more established communities might find detection and elimination of illicit connections to be very time-consuming. A schedule for implementing the primary components of a BMP to identify illicit connections might resemble the one in Table 6.

Table 6. Identifying Illicit Connections

EPA’s BMP menu is by no means an exclusive list. Many other BMPs have been implemented by other cities, and you might need to develop some BMPs specifically for your MS4’s needs. Selecting the "right" menu of BMPs will be paramount in facilitating the implementation of a successful stormwater-quality program for your MS4. The degree to which your MS4 will be able to truly address and improve the community’s specific water-quality challenges will depend to a large extent on understanding the various BMP alternatives available. A great place to begin that journey of understanding is at EPA’s BMP menu Web site–www.tetratech-test.com/bmpmanual/htmfolder/index.htm–which contains a wealth of information and a detailed explanation for each of the BMPs listed in this article. In addition, the site contains a model permit that includes many other specific BMPs implemented various cities.

Developing a Compliant Program

A clear understanding of EPA’s MEP mandate and a thorough understanding of how to select and implement the right BMPs for your MS4 will go a long way in developing an effective stormwater-quality program. One additional ingredient needed to build an effective, cost-efficient, and compliant program is an overall plan of action for accommodating the compliance process. Developing a compliant Phase II program can seem a bit daunting. Breaking down the compliance process into the following general tasks might help.

Determine the Work to be Accomplished

The focus of this article has been on the development of a compliant Phase II program. Before you can undertake any of the efforts discussed here, you need to lay some groundwork. First, you will need to verify whether your small MS4 is a regulated small MS4. You can find information to determine this by visiting EPA’s Phase II Web site at www.epa.gov/owm/sw/ms4/small/requirements/. In addition, you can check results of the 2000 census to determine if your MS4 lies within an "urbanized area" and will be automatically covered under the Phase II rules. Finally, you should contact your local permitting authority to verify whether the Phase II program will regulate your MS4.

Once you’ve determined that your MS4 will be regulated, the next step is to find out from your local permitting authority what differences it might be anticipating between its proposed requirements and EPA’s minimum requirements. It is important to note that local permitting authorities have the ability under EPA guidelines to work until December 8, 2002, before finalizing their specific program requirements under a general permit for the state. Regardless of when your permitting authority finalizes its general permit, your MS4 will have as few as 90 days to develop your stormwater program, including the establishment of your minimum goals for each of the six minimum control measures, and to file a notice of intent (NOI) with your local permitting agency. With the amount of work required to put together a compliant Phase II program, your Phase II efforts will need to begin long before your local permitting agency has finalized and published what your program requirements will be. Many MS4s will find that they will need to begin seriously working on their Phase II program no later than spring 2002.

The need to begin developing your Phase II program before your local permitting authority publishes the requirements for that same program greatly underscores the need to develop a close relationship with the permit writers. Minimizing the impact of potential surprises in your program requirements will aid in your development of a cost-efficient program. Spend time with your local permitting authority and with EPA personnel to ensure you have a clear understanding of the Phase II requirements before you begin to develop your program.

Plan the Work

Form a team of interested and responsible personnel to address the Phase II program. You may want to include a broad cross-section of personnel from various departments within your MS4. Have the team decide early on if your MS4 currently has the resources to develop an effective, cost-efficient, and compliant Phase II program. If you do not possess the resources necessary, decide if you will hire additional staff or an outside consultant to assist your MS4 in developing your stormwater management program.

Next, proceed with planning a program that meets EPA’s MEP standard as previously discussed. This process begins with assessing your community’s water-quality problems and ends with a final selection of measurable goals and the BMPs you intend to use to meet those goals.

Next, complete your stormwater management plan and file an NOI with your local permitting authority. Finally, assess the additional resources, if any, that will be required for the implementation of your Phase II program.

Work the Plan

Working the plan is more than just carrying out the specific requirements that you have built into your Phase II program. Accountability and flexibility are the keys to "working the plan." At a minimum, you will need to evaluate your program compliance, the performance of your BMPs, and your progress toward meeting your measurable goals. In addition, you should be willing to assess the effectiveness of your BMPs in meeting your measurable narrative goals, as well as their effectiveness at improving your community’s water quality. Be flexible and willing to make adjustments to your stormwater program. There may be some goals that should be revised or some BMPs that need to be added. Or perhaps some BMPs are working well and should be strengthened, while others are not effective and should be revised or eliminated from your program. The key is to update your plan as you progress through the compliance process. This approach will work toward improving your water quality and will help ensure that you expend resources in an efficient manner.

Document and Report the Work

EPA requires that you keep records of your Phase II program for three years. You must also be able to submit your records to your local permitting authority if asked to do so. And you must make your stormwater management program and records available for public review.

EPA also requires that you file annual reports to disclose the status of your Phase II program. The reports must contain your status of compliance with permit conditions, an assessment of the appropriateness of your BMPs in meeting your identified measurable goals, the results of information collected and analyzed during the reporting period, a summary of your planned stormwater activities for the next year, and any changes to your identified measurable goals.

Summary

The March 30, 2003, filing deadline for NPDES Phase II is coming soon. The time for planning an effective, cost-efficient, and compliant Phase II program is now. Developing a clear understanding of the Phase II mandate for improving water quality to the maximum extent practicable, obtaining a thorough understanding of various BMPs and their ability to improve water quality, and developing a thorough compliance process will lead to an efficient use of the resources that will ultimately be expended in your MS4’s compliance efforts.

The article "Storm Warning: Phase II NPDES Stormwater Rule Issued" in the November/December issue of Stormwater (http://forester.net/sw_0011_storm.html) describes the nuts and bolts of the Phase II program. You can find additional details of the Phase II program as it relates to small regulated MS4s on EPA’s Phase II Web site mentioned previously, as well as associated links.

Robert Armstrong is a professional associate and senior project manager with HDR Engineering in Dallas, TX.

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