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EPA/OW RIN: 2040-AG27 Publication ID: Fall 2022 
Title: ●National Pollutant Discharge Elimination System (NPDES) Small Municipal Separate Storm Sewer System (MS4) Urbanized Area Clarification 

This action would update the Stormwater Phase II Rule, which automatically covers, on a nationwide basis, all small Municipal Separate Storm Sewer Systems (MS4s) located in “urbanized areas” as determined by the latest U.S. Decennial Census. In March 2022, the Census Bureau finalized its latest regulatory revisions based on the 2020 Decennial Census and no longer uses the term “urbanized areas.” This action would update the regulatory definition of small MS4 by replacing the retired term “urbanized area” with language consistent with the long-standing definition of “urbanized area.” This would eliminate potential uncertainty that would be caused by continuing to use a term that cannot be found in the latest Decennial Census. This action would consist of a clarification that permittees will continue to be automatically designated, based on the most recent census data, as Phase II MS4s in the same manner that they have been since the promulgation of the Phase II stormwater regulations. Consistent with the 1999 Stormwater Phase II Rulemaking, a small MS4 that is automatically designated into the NPDES program for stormwater under a past Census year will remain regulated regardless of the results of subsequent Census calculations (64 CFR 68751). This action would establish a clear, lasting, and nationally consistent way to ensure that discharges from MS4s are adequately controlled as needed “to protect water quality,” consistent with CWA 402(p)(6).

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 122   
Legal Authority: 33 U.S.C. 1342   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/02/2022  87 FR 74066   
Direct Final Rule  12/02/2022  87 FR 73965   
NPRM Comment Period End  01/03/2023 
Direct Final Rule Effective  03/02/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lisa Biddle
Environmental Protection Agency
Office of Water
4303T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-0350