The Water Environment Federation (WEF) recently provided public comments on the Environment Protection Agency's (EPA) proposed Phase II Municipal Separate Storm Sewer System (MS4) permit remand rule. The EPA made prepublication documents available to the public on December 17, 2015 before their aforementioned public comments were published in the Federal Registrar this past January.
The WEF's comments, as well as their webcast and subsequent article, were focused on responding to questions posed by EPA with a focus on providing maximum flexibility to the MS4 Phase II regulated sector. The EPA requested comments on their three potential options with the WEF recommending the EPA adopt the third:
WEF recommended EPA adopt Option 3, which appears to align with the current diversity approaches used by the states.
If adopted, Option 3 would provide authorization to the permitting authorities (states, regional boards, etc.) to choose the program administrative approach that best fits their individual needs.