Construction - Storm Water Phase II Advisor

Who should use this Advisor? This tool will help you determine if you need to file a Phase II Stormwater Permit for Construction Activity, as required under the National Pollutant Discharge Elimination System (NPDES).

Why does EPA monitor Storm Water Discharges?

The NPDES Storm Water Program defines construction activities as "small" and "large" for the purposes of regulation. The Phase I storm water program covers large construction activity. The Phase II storm water regulation covers small construction activity. To understand who is covered under the Phase II Rule, it is necessary to understand who is already covered under the Phase I Rule.

NPDES storm water permits are issued by an NPDES permitting authority, which may be an NPDES-authorized State or a U.S. EPA Region in non-authorized States (see Appendix A for a list of U.S. EPA Regions). Once a permit application is submitted by the operator of a small construction activity, the conditions of the permit must be satisfied (i.e., implementation of a storm water pollution prevention plan). This section addresses the permit options under the Phase II regulations for operators of small construction activity, as well as for the permitting authority. The permit requirements are discussed in Section 5.4.

Frequently asked questions... [from Construction WG]

Who must apply for permit coverage for construction activities?

What are the responsibilities of subcontractors at the construction site under EPA's storm water construction general permits?

What is meant by a "larger common plan of development or sale?"

Does construction activity encompass re-paving of roads?

More FAQs



Decison tree (graphic version) 		Text Version

This advisor is intended solely as guidance to aid regulated entities in complying with the Storm Water Phase II final rule. The guidance is not a substitute for reading the regulation and understanding all its requirements as it applies to your facility. This guidance does not constitute rulemaking by the EPA and may not be relied on to create a substantive or procedural right or benefit enforceable, at law or in equity, by any person. EPA may decide to update this guide without public notice to reflect changes in EPA’s approach to implementing Storm Water Phase II or to clarify and update text. To determine whether EPA has revised this document and or to obtain copies, go to EPA’s web site at www.epa.gov/owm/sw/phase2.