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CEPA <br />Stormwater Phase 11 <br />Final Rule <br />Fact Sheet Series <br />Overview <br />1.0 — Stormwater Phase 11 <br />Proposed Rule Overview <br />Small MS4 Program <br />2.0 — Small MS4 Stormwater <br />Program Overview <br />2.1—Who's Covered? Qesi nation <br />and Waivers of Regulated mall <br />MS4s <br />2.2 — Urbanized Areas: Definition <br />and Description <br />Minimum Control Measures <br />2.3 — Public Education and <br />Outreach <br />2.4 — Public Participation/ <br />Involvement <br />2.5 — Illicit Discharge Detection <br />and Elimination <br />2.6 — Construction Site Runoff <br />Control <br />2.7 — Post -Construction Runoff <br />Control <br />2.8— Poilution Prevention/Good <br />Housekeeping <br />2.9 — Permitting and Reporting: <br />The Process and Requirements <br />2.10 — Federal and State - <br />Operated MS4s: Program <br />Implementation <br />Construction Program <br />3,0 — Construction Program <br />Overview <br />3.1— Construction Rainfall <br />Erosivity Waiver <br />Industrial "No Exposure" <br />4.0 — Conditional No Ex osure <br />Exclusion for Industrial Activity <br />United States Office of Water EPA 833-F-00-003 <br />Environmental Protection (4203) January 2000 (revised June 2012) <br />Agency Fact Sheet 2.1 <br />Stormwater Phase II <br />Final Rule <br />Who's Covered? Designation and <br />Waivers of Regulated Small MS4s <br />Who Is Affected by the Phase II Small MS4 Program? <br />The Stormwater Phase II Final Rule applies to operators of regulated small municipal separate storm <br />sewer systems (MS4s), which are designated based on the criteria discussed in this fact sheet. In <br />this fact sheet, the definition of an MS4 and the distinction between small, medium, and large MS4s is <br />reviewed. Conditions under which a small MS4 may be designated as a regulated small MS4, as well <br />as the conditions for a waiver from the Phase II program requirements, are outlined. This fact sheet <br />also attempts to clarify possible implementation issues related to determining one's status as an <br />operator of a regulated small MS4. <br />What Is a Municipal Separate Storm Sewer System (MS4)? <br />What constitutes an MS4 is often misinterpreted and misunderstood. The term MS4 does not solely <br />refer to municipally -owned storm sewer systems, but rather is a term of art with a much broader <br />application that can include, in addition to local jurisdictions, State departments of transportation, <br />universities, local sewer districts, hospitals, military bases, and prisons. An MS4 also is not always just <br />a system of underground pipes — it can include roads with drainage systems, gutters, and ditches. <br />The regulatory definition of an MS4 is provided below. <br />According to 40 CFR 122.26(b)(8), "municipal separate storm sewer <br />means a conveyance or system of conveyances (including roads with <br />drainage systems, municipal streets, catch basins, curbs, gutters, ditches, <br />man-made channels, or storm drains): <br />(i) Owned or operated by a State, city, town, borough, county, <br />parish, district, association, or other public body (created by or <br />pursuant to State law)... including special districts under State <br />law such as a sewer district, flood control district or drainage <br />district, or similar entity, or an Indian tribe or an authorized <br />Indian tribal organization, or a designated and approved <br />management agency under section 208 of the Clean Water Act <br />that discharges into waters of the United States. <br />(ii) Designed or used for collecting or conveying stormwater; <br />(iii) Which is not a combined sewer; and <br />(iv) Which is not part of a Publicly Owned Treatment Works <br />(POTW) as defined at 40 CFR 122.2." <br />