[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Notices]
[Page 43761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21671]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5559-9]


Interim Permitting Approach for Water Quality-Based Effluent 
Limitations in Storm Water Permits

AGENCY: Environmental Protection Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the Environmental Protection 
Agency (EPA) has issued a policy outlining an interim approach for 
incorporating water quality-based effluent limitations into storm water 
permits.

Background and Purpose

    Due to the nature of storm water discharges, and the typical lack 
of information on which to base numeric water quality-based effluent 
limitations (expressed as concentration and mass), EPA has developed an 
interim permitting approach for National Pollution Discharge 
Elimination System (NPDES) storm water permits. While this interim 
permitting approach applies only to EPA, the Agency also encourages 
authorized States and Tribes to adopt similar policies for storm water 
permits.
    The policy addresses issues related to the type of effluent 
limitations that are most appropriate for NPDES storm water permits to 
provide for the attainment of water quality standards. Since the policy 
only applies to water quality-based effluent limitations, it is not 
intended to affect technology-based limitations, such as those based on 
effluent guidelines or the permit writer's best professional 
judgements, that are incorporated into storm water permits. With this 
policy, the Office of Water is seeking to fulfill objectives of the 
1996-1997 National Water Program Agenda for the Future, including 
reducing the threat of wet weather discharges to water quality, 
providing States and local governments with greater flexibility to 
solve wet weather problems, and identifying and taking appropriate 
steps to reduce the existing burden of the Storm Water Phase I program.
    Numerous parties were involved in preparing this policy. In 
addition to receiving significant input from the Urban Wet Weather 
Flows (UWWF) Federal Advisory Committee, EPA also consulted with the 
States and Regional Storm Water Coordinators. This interim permitting 
approach may be modified as a result of ongoing policy dialogue with 
the UWWF Federal Advisory Committee.

Policy Statement

    In response to recent questions regarding the type of water 
quality-based effluent limitations that are most appropriate for 
National Pollutant Discharge Elimination System (NPDES) storm water 
permits, the Environmental Protection Agency (EPA) is adopting an 
interim permitting approach for regulating wet weather storm water 
discharges. Due to the nature of storm water discharges, and the 
typical lack of information on which to base numeric water quality-
based effluent limitations (expressed as concentration and mass), EPA 
will use an interim permitting approach for NPDES storm water permits.
    The interim permitting approach uses best management practices 
(BMPs) in first-round storm water permits, and expanded or better-
tailored BMPs in subsequent permits, where necessary, to provide for 
the attainment of water quality standards. In cases where adequate 
information exists to develop more specific conditions or limitations 
to meet water quality standards, these conditions or limitations are to 
be incorporated into storm water permits, as necessary and appropriate. 
This interim permitting approach is not intended to affect those storm 
water permits that already include appropriately derived numeric water 
quality-based effluent limitations. Since the policy only applies to 
water quality-based effluent limitations, it is not intended to affect 
technology-based limitations, such as those based on effluent 
guidelines or the permit writer's best professional judgement, that are 
incorporated into storm water permits.
    Each storm water permit should include coordinated and cost-
effective monitoring program to gather necessary information to 
determine the extent to which the permit provides for attainment of 
applicable water quality standards and to determine the appropriate 
conditions or limitations for subsequent permits. Such a monitoring 
program may include, ambient monitoring, receiving water assessment, 
discharge monitoring (as needed), or a combination of monitoring 
procedures designed to gather necessary information.
    This interim permitting approach applies only to EPA, however, EPA 
also encourages authorized States and Tribes to adopt similar policies 
for storm water permits. This interim permitting approach provides 
time, where necessary, to more fully assess the range of issues and 
possible options for the control of storm water discharges for the 
protection of water quality. This interim permitting approach may be 
modified as a result of the ongoing Urban Wet Weather Flows Federal 
Advisory Committee policy dialogue on this subject.

DATES: The policy was signed by the Assistant Administrator for Water 
on August 1, 1996.

FOR FURTHER INFORMATION: If you have questions about the police, please 
contact, Bill Swietlik, Storm Water Phase I Matrix Manager, Office of 
Wastewater Management, at (202) 260-9529 or William Hall, Urban Wet 
Weather Flows Matrix Manager, Office of Wastewater Management, at (202) 
260-1458, or by Internet: [email protected].

    Dated: August 19, 1996.
Fred Lindsey,
Acting Director, Office of Wastewater Management, Designated Federal 
Official.
[FR Doc. 96-21671 Filed 8-23-96; 8:45 am]
BILLING CODE 6560-50-P