United States Office of Water EPA 833-F-99-006

Environmental Protection (4203) April 1999

Agency Fact Sheet 2.4

Storm Water Phase II

Proposed Rule

Public Participation/Involvement

Minimum Control Measure

This fact sheet is based on the Storm Water Phase II Proposed Rule. Therefore, the information provided herein is subject to

change upon publication of the final Phase II rule in November 1999. A revised series of fact sheets will be provided at that

time. A comprehensive list of the current fact sheets is in the text box at left.

This fact sheet profiles the proposed Public Participation/Involvement minimum control measure, one

of six measures the owner or operator of a Phase II regulated small municipal separate storm sewer

system (MS4) would be required to include in its storm water management program to meet the

conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sheet

outlines the Phase II Proposed Rule requirements and offers some general guidance on how to satisfy

them. It is important to keep in mind that the small MS4 owner or operator would have a great deal of

flexibility in choosing exactly how to satisfy the minimum control measure requirements.

Why Is Public Participation and Involvement Necessary?

EPA believes that the public can provide valuable input and assistance to a regulated small MS4's

municipal storm water management program and, therefore, suggests that the public be given

opportunities to play an active role in both the development and implementation of the program. 

Having an active and involved community is crucial to the success of a storm water management

program because it allows for:

• Broader public support since citizens who participate in the development and decision

making process are partially responsible for the program and, therefore, may be less likely to

raise legal challenges to the program and more likely to take an active role in its

implementation;

• Shorter implementation schedules due to fewer obstacles in the form of public and legal

challenges and increased sources in the form of citizen volunteers;

• A broader base of expertise and economic benefits since the community can be a valuable,

and free, intellectual resource; and

• A conduit to other programs as citizens involved in the storm water program development

process provide important cross-connections and relationships with other community and

government programs. This benefit is particularly valuable when trying to implement a storm

water program on a watershed basis, as encouraged by EPA.

What Is EPA Proposing?

Under the proposed rule, to satisfy this minimum control measure, the owner or operator of a

regulated small MS4 would need to:

 Comply with applicable State, Tribal, and local public notice requirements; and

 Determine the appropriate best management practices (BMPs) and measurable goals for this

minimum control measure. Some implementation approaches, BMPs (i.e., the program

actions and activities), and measurable goals are suggested below. 

Storm Water Phase II

Proposed Rule 

Fact Sheet Series

Overview

1.0 – Storm Water Phase II

Proposed Rule Overview

Small MS4 Program

2.0 – Small MS4 Storm Water

Program Overview

2.1 – Who’s Covered? Designation

and Waivers of Regulated Small

MS4s

2.2 – Urbanized Areas: Definition

and Description

Minimum Control Measures

2.3 – Public Education and

Outreach Minimum Control

Measure

2.4 – Public Participation/

Involvement Minimum Control

Measure

2.5 – Illicit Discharge Detection and

Elimination Minimum Control

Measure

2.6 – Construction Site Runoff

Control Minimum Control Measure

2.7 – Post-Construction Runoff

Control Minimum Control Measure

2.8 – Pollution Prevention/Good

Housekeeping Minimum Control

Measure

2.9 – Permitting and Reporting:

The Process and Requirements

2.10 – Federal and State-Owned

MS4s: Program Implementation

Construction Program

3.0 – Construction Program

Overview

Industrial “No Exposure”

4.0 – Conditional No Exposure

Exemption for Industrial Activity
Fact Sheet 2.4 – Public Participation/Involvement Minimum Control Measure Page 2

For Additional Information

Contact

 U.S. EPA Office of Wastewater Management

• Phone : 202 260-5816

• E-mail: SW2@epa.gov 

• Internet: www.epa.gov/owm/sw2.htm

Reference Documents

 Storm Water Phase II Proposed Rule Fact Sheet

Series.

• Contact the U.S. EPA Water Resource Center at

202 260-7786 or at waterpubs@epa.gov 

• Internet: www.epa.gov/owm/sw2.htm

 Storm Water Phase II Proposed Rule, published on

Jan. 9, 1998 in the Federal Register (63 FR 1536).

• Internet: www.epa.gov/owm/sw2.htm

What Are Some Guidelines for Developing and

Implementing This Measure?

Owners or operators of regulated small MS4s should include

the public in developing, implementing, and reviewing their

storm water management programs. The public participation

process should make every effort to reach out and engage all

economic and ethnic groups. EPA recognizes that there are

challenges associated with public involvement. Nevertheless,

EPA strongly believes that these challenges can be addressed

through an aggressive and inclusive program. Challenges and

example practices that can help ensure successful participation are

discussed below.

Implementation Challenges

The best way to handle common notification and recruitment

challenges is to know the audience and think creatively about how

to gain its attention and interest. Traditional methods of soliciting

public input are not always successful in generating interest, and

subsequent involvement, in all sectors of the community. For

example, municipalities often only use advertising in local

newspapers to announce public meetings and other opportunities

for public involvement. Since there may be large sectors of the

population who do not read the local press, the audience reached

may be limited. Therefore, alternative advertising methods

should be used whenever possible, including radio or television

spots, postings at bus or subway stops, announcements in

neighborhood newsletters, announcements at civic organization

meetings, distribution of flyers, mass mailings, door-to-door

visits, telephone notifications, and multilingual announcements. 

These efforts, of course, are tied closely to the efforts for the

public education and outreach minimum control measure (see

Fact Sheet 2.3).

In addition, advertising and soliciting for help could and should

be targeted at specific population sectors, including ethnic,

minority, and low-income communities; academia and educational

institutions; neighborhood and community groups; outdoor

recreation groups; and business and industry. The goal is to

involve a diverse cross-section of people who could offer a

multitude of concerns, ideas, and connections during the process.

Possible Practices (BMPs)

There are a variety of practices that could be incorporated into a

public participation and involvement program, such as:

• Public meetings/citizen panels allow citizens to discuss

various viewpoints and provide input concerning appropriate

storm water management policies and BMPs;

• Volunteer water quality monitoring gives citizens first-hand

knowledge of the quality of local water bodies and provides a

cost-effective means of collecting water quality data;

• Volunteer educators/speakers who can conduct workshops,

encourage public participation, and staff special events;

• Storm drain stenciling is an important and simple activity

that concerned citizens, especially students, can do;

• Community clean-ups along local waterways, beaches, and

around storm drains;

• Citizen watch groups can aid local enforcement authorities in

the identification of polluters; and

• “Adopt A Storm Drain” programs encourage individuals or

groups to keep storm drains free of debris and to monitor

what is entering local waterways through storm drains.

What Would Be Appropriate Measurable Goals?

Measurable goals, which would be required for each minimum

control measure, are meant to help gauge permit compliance

and program effectiveness. The measurable goals, as well as the

BMPs, would greatly depend on the needs and characteristics of

the owner/operator and the area served by its small MS4. The

measurable goals should be chosen using an integrated approach

that would fully address the requirements and intent of the

minimum control measure. An integrated approach for this

minimum measure could include the following measurable goals:

Target Date Activity

1 year............ Notice of a public meeting in several different

print media and bilingual flyers; citizen panel

established; volunteers organized to locate

outfalls/illicit discharges and stencil drains.

2 years.......... Final recommendations of the citizen panel; radio

spots promoting program and participation.

3 years.......... A certain percentage of the community

participating in community clean-ups.

4 years.......... Citizen watch groups established in a certain

percentage of neighborhoods; outreach to every

different population sector completed.