[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Notices]
[Page 68852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29301]



  Federal Register / Vol. 64, No. 235 / Wednesday, December 8, 1999 / 
Notices  

[[Page 68852]]



ENVIRONMENTAL PROTECTION AGENCY

[FRL-6472-8]


Report to Congress on the Phase II Storm Water Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of Report to Congress.

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SUMMARY: EPA submitted a Report to Congress prior to promulgation of 
the new Phase II storm water regulations. The Report was required in 
the Agency's appropriation legislation for fiscal year 2000. The 
appropriation legislation also requires that USEPA invite public 
comment on the Report. By this notice, USEPA invites public comment.

DATES: Written comments on this notice and the Report to Congress must 
be submitted on or before January 7, 2000.

ADDRESSES: The Report to Congress on the Phase II Storm Water 
Regulations is available through the Internet on the EPA Office of 
Wastewater Management web site at http://www.epa.gov/owm/sw/phase2. 
Hard copies may be obtained by contacting the U.S. EPA Water Resource 
Center, 401 M Street, S.W., Washington, D.C. 20460; telephone: (202) 
260-7786 (24-hour voice mail), fax: (202) 260-0386, e-mail: 
[email protected]. Comments should be mailed to George Utting, 
USEPA, Office of Wastewater Management, Mail Code 4203, 401 M Street, 
S.W., Washington, D.C. 20460. Comments also may be faxed to (202) 260-
1460 or submitted via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: George Utting, Office of Wastewater 
Management, Mail Code 4203, 401 M Street, S.W., Washington, D.C. 20460; 
telephone (202) 260-9530; email: [email protected].

SUPPLEMENTARY INFORMATION: On October 29, 1999, the Administrator of 
EPA signed a regulation that implements Section 402(p)(6) of the Clean 
Water Act. This rulemaking is referred to as the final Phase II storm 
water rule and is also published in today's Federal Register.
    The Phase II storm water rule expands the existing National 
Pollutant Discharge Elimination System (NPDES) permitting program to 
address storm water runoff from construction sites between one and five 
acres and municipal separate storm sewer systems in urbanized areas 
serving populations of less than 100,000. The Phase II rule builds on 
the existing Phase I program, which controls storm water runoff from 
municipalities with populations greater than 100,000 and 11 industrial 
categories, including construction disturbing over five acres.

Statutory Authority

    The Report to Congress on the Phase II Storm Water Regulations was 
required by section 431(a) of the Departments of Veterans Affairs and 
Housing and Urban Development and Independent Agencies Appropriations 
Act of 2000, Public Law 106-74 (1999) (Appropriations Act). Section 
431(a) of the Appropriations Act directed EPA to submit a report that 
addresses the following issues with respect to the Phase II Storm Water 
Rule: (1) An analysis of the impact of the rule on local governments, 
(2) an explanation of the rationale for lowering the threshold for 
regulation of construction sites from 5 acres to 1 acre, (3) an 
explanation of why the coverage of the regulation is based on a census-
determined population instead of a water quality threshold and 
documentation that storm water runoff is generally a problem in 
communities with populations of 50,000 to 100,000, and (4) information 
that supports the position of the Administrator that the Phase II storm 
water program should be administered as part of the NPDES permit 
program.
    On October 28, 1999, EPA delivered to the Committee on Environment 
and Public Works in the Senate and the Committee on Transportation and 
Infrastructure in the House of Representatives a report that satisfied 
the mandate of section 431(a). Section 431(c) of the Appropriations Act 
directs EPA to publish the report in the Federal Register for public 
comment. By today's notice, EPA invites public comment by January 7, 
2000. EPA will carefully review and evaluate comments received and 
determine whether the comments warrant further action.

    Dated: November 4, 1999.
J. Charles Fox,
Assistant Administrator, Office of Water.
[FR Doc. 99-29301 Filed 12-7-99; 8:45 am]
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