NAFSMA Regulatory Alert - Stormwater Remand Rule Signed November 17

NAFSMA Regulatory Alert - Stormwater Remand Rule Signed Today November 17

Stormwater MS4 General Permit Remand Rule Signed Today

Please note that U.S. EPA Administrator Gina McCarthy today signed the Stormwater Remand Rule - meeting the court deadline for final publication.  NAFSMA has not yet reviewed the rulemaking, but wanted to share the information with NAFSMA members as soon as possible. 

Below is a message sent to NAFSMA today from the agency:

We wanted to inform you of the news that the U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy signed the final Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule earlier today (November 17, 2016). The issuance of this rule satisfies a court remand by the U.S. Court of Appeals for the Ninth Circuit in Environmental Defense Center v. EPA, which required that a final rule addressing its remand be issued by no later than today.


To view and download copies of the pre-publication version of the final rule, EPA’s fact sheet summary of the rule, and a mark-up version of the changes to the Phase II stormwater rule visit EPA’s website at: We expect that the final rule will be formally published in the Federal Register during the week of November 28, 2016. The final rule will be effective 30 days following the publication date in the Federal Register.

To assist permitting authorities in implementing this rule, EPA has prepared the following updated compendia of examples of clear, specific, and measurable permit provisions:


  •          Compendium of MS4 Permitting Approaches – Part 1: Six Minimum Measure Provisions
  •          Compendium of MS4 Permitting Approaches – Part 2: Post-Construction Standards


These documents are available at:


Once the official Federal Register Notice is published, EPA’s response to comment document will be viewable at under Docket ID No. EPA–HQ– OW–2015–0671.