Pursuant to 40 CFR § 122.28 and § 122.34, EPA issued the National Pollutant Discharge Elimination System (NPDES) General Permit for stormwater Discharges from Small Municipal Separate Storm Sewer Systems (the “Small MS4 Permit”) which became effective on May 1, 2003. Operators of designated small MS4s seeking authorization to discharge stormwater under this general permit were required to submit an NOI to U.S. EPA (and the Massachusetts Department of Environmental Protection or the New Hampshire Department of Environmental Services) by July 31, 2003. Operators were required to identify in their NOI best management practices (“BMPs”) and measurable goals to address specific minimum measures described in the Small MS4 Permit. Operators must develop, implement, and enforce a stormwater management program that incorporates these BMPs and measurable goals to reduce the discharge of pollutants from their small MS4 to the maximum extent practicable.

Pursuant to a partial remand of the stormwater Phase II regulations by the U.S. Court of Appeals for the Ninth Circuit, and pending a rulemaking by EPA to conform the Phase II Rule to the court’s order, EPA makes available for public comment NOIs which it receives from Operators seeking authorization to discharge stormwater under the Small MS4 Permit. EPA will consider comments received and may require action as deemed necessary to comply with the Small MS4 Permit or the Phase II regulations.

EPA conducted an initial public notice period from October 3, 2004 - December 17, 2004 for more than 300 NOIs received from designated municipalities located in Massachusetts and New Hampshire, and many other public entities that operate a small MS4 ("Non-Traditional MS4s"). Upon request, the comment period was extended to February 17, 2005, and a public hearing (PDF) (2 pp, 62 K, about PDF) was conducted to receive comment on NOIs submitted by a select group of small MS4 Operators including the Massachusetts Department of Conservation & Recreation (DCR) and certain municipalities located in or near the Charles River Basin. Public hearing transcripts (PDF) (24 pp, 1.2 MB, about PDF) and public comments (PDF) (162 pp, 4.8 MB, about PDF) are available here to view or download.

EPA conducted a second public notice period from November 2, 2005 - December 1, 2005 to solicit comment on NOIs received from the Massachusetts Highway Department, Massachusetts Turnpike Authority, Massachusetts DCR, and Operators of several Non-Traditional MS4s that were not included in the initial public notice process. Upon request, the comment period was extended to February 17, 2006, and a public hearing (PDF) (2 pp, 69 K, about PDF) was conducted to receive comment on NOIs submitted by the Massachusetts Highway Department, Massachusetts Turnpike Authority. Public hearing transcripts (PDF) (43 pp, 89 K, about PDF) and public comments (PDF) (79 pp, 4.1 MB, about PDF) are available here to view or download

If you wish to request a hard copy of the public notice materials or have additional questions, please contact Ann Herrick (herrick.ann@epa.gov or 617-918-1560).

The public notice period for these NOIs is closed and no additional comments will be accepted by EPA at this time.