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Site made available through the cooperation of the following organizations:


NC Division of Water Quality

Northwest Piedmont Council of Governments

Land-of-Sky Regional Council

Upper Coastal Plains Council of Governments

Western Piedmont Council of Governments



This site was developed to assist local governments in North Carolina with issues relating to Phase II Stormwater Regulations.


  • Polluted storm water runoff is often transported to municipal separate storm sewer systems (MS4s) and ultimately discharged into local rivers and streams without treatment. EPA's Stormwater Phase II Rule establishes an MS4 stormwater management program that is intended to improve the Nation's waterways by reducing the quantity of pollutants that stormwater picks up and carries into storm sewer systems during storm events. Common pollutants include oil and grease from roadways, pesticides from lawns, sediment from construction sites, and carelessly discarded trash, such as cigarette butts, paper wrappers, and plastic bottles.

    When deposited into nearby waterways through MS4 discharges, these pollutants can impair the waterways, thereby discouraging recreational use of the resource, contaminating drinking water supplies, and interfering with the habitat for fish, other aquatic organisms, and wildlife.

  • What is Phase II

  • Who is Affected

    In 1990, EPA promulgated rules establishing Phase I of the National Pollutant Discharge Elimination System (NPDES) stormwater program. The Phase I program for MS4s requires operators of medium and large MS4s, that is, those that generally serve populations of 100,000 or greater, to implement a stormwater management program as a means to control polluted discharges from these MS4s. The Storm Water Phase II Rule extends coverage of the NPDES stormwater program to certain small MS4s but takes a slightly different approach to how the storm water management program is developed and implemented.

  • What is a small MS4

A small MS4 is any MS4 not already covered by the Phase I program as a medium or large MS4. The Phase II Rule automatically covers on a nationwide basis all small MS4s located in urbanized areas (UAs) as defined by the Bureau of the Census (unless waived by the NPDES permitting authority), and on a case-by-case basis those small MS4s located outside of UAs that the NPDES permitting authority designates. For more information on Phase II small MS4 coverage, see Fact Sheets 2.1 and 2.2.

  • What Are the Phase II Small MS4 Program Requirements?

Operators of regulated small MS4s are required to design their programs to:

  • Reduce the discharge of pollutants to the maximum extent practicable (MEP);
  • Protect water quality; and
  • Satisfy the appropriate water quality requirements of the Clean Water Act.


Implementation of the MEP standard will typically require the development and implementation of BMPs and the achievement of measurable goals to satisfy each of the six minimum control measures.

The Phase II Rule defines a small MS4 stormwater management program as a program comprising six elements that, when implemented in concert, are expected to result in significant reductions of pollutants discharged into receiving waterbodies.


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