The Train's A-Comin': More Stormwater Rule Changes
Let there be no question: EPA is very serious about adding significantly to the requirements imposed on developers, cities, homeowners and businesses relating to stormwater discharges from development and redevelopment sites. Either that, or someone in the stormwater section forgot to take a break for the holidays.
EPA has decided that it will hold five "listening sessions" designed to elicit input as to whether it should "strengthen stormwater regulations and to establish a comprehensive program to reduce stormwater from new development and redevelopment." Bear in mind that this is in addition to the proposal to send a 61-page questionnaires to 1000 developers seeking financial and project information.
The press release for the listening sessions provided the following description:
EPA seeks input on the following preliminary regulatory considerations: expand the area subject to federal stormwater regulations; establish specific requirements to control stormwater discharges from new development and redevelopment; develop a single set of consistent stormwater requirements for all municipal separate storm sewer systems; require those sewer systems to address stormwater discharges in areas of existing development through retrofitting the sewer system or drainage area with improved stormwater control measures; and explore specific stormwater provisions to protect sensitive areas.
The sessions will be held:
· January 19, 2010, 10 a.m. to 3 p.m. at EPA Region 5 Office, 77 W. Jackson Blvd., Chicago
· January 20, 2010, 10 a.m. to 3 p.m. at EPA Region 9 Office, 75 Hawthorne Street, San Francisco, Calif.
· January 25, 2010, 10 a.m. to 3 p.m. at EPA Region 8 Office, 1595 Wynkoop Street, Denver, Colo.
· January 26, 2010, 10 a.m. to 3 p.m. at EPA Region 6 Office, 1445 Ross Avenue, Suite 1200 Dallas, Texas
· January 28, 2010, 10 a.m. to 3 p.m. at EPA HQ Office, Ariel Rios Building, 1200 Pennsylvania Ave. NW, Washington, D.C.
The public can register by going to the Web site below.
EPA will accept written comments on the preliminary rulemaking considerations until February 26, 2010.
More information on listening sessions, the potential rule and instructions for submitting written comments: http://www.epa.gov/npdes/stormwater/rulemaking
Those who will be affected need to take this initiative very seriously. According to the Federal
Register, EPA is relying heavily on a report of the National Resource Council entitled "Urban Stormwater Management in the United States." This document is a light read of 529 pages and it advocates a fundamentally new system of stormwater regulation which would impose additional costs and substantially greater regulatory oversight, particularly for cities. The new system discussed by NRC would apply not only to "building on previously undeveloped sites, but also to redeveloping and retrofitting existing development" (page 406). Rather than apply to individual sites, the new permitting system would be "watershed based" (pages 346, 387 and 419). That is, the entire watershed, wherever it is located, would be the permitted area, requiring heavy involvement by cities. According to the report:
At the heart of the proposal for a new system of regulating discharges to the nation's waters is issuing permits to groups of municipalities in a watershed operating as co-permittees under a lead permittee. Furthermore, the proposal envisions these municipal permittees assuming responsibility for and implementing the permits for all public and private dischargers in their jurisdiction. (Page 411).
This is your chance. Written comments can be made or, if you're near one of the five cities, you can go and be heard (so long as you sign up by January 15th and you limit your comments to three minutes). Speak now or forever hold your stormwater.
Related Posts: Stormwater Regulation of Developed Sites Coming?
New Stormwater Regulations Rain Down on Developers
