Speak Out for Stronger Construction Runoff Protections

On November 28, 2008 EPA issued a Proposed Effluent Limitations Guidelines and Standards for the Construction and Development industry. See 73 Fed. Reg. 72562. These “ELGs” will set technology-based performance requirements for active construction sites covered by NPDES permits, whether issued by state agencies or EPA. The Agency is required by a court decision to issue final ELGs by December 10, 2009. The public comment on the Proposed ELGs runs through February 26, 2008. EPA solicits input on how the Proposed ELGs for construction may affect watersheds in your states, and could particularly benefit from comments that provide detailed, localized information, including scientific studies, on

(1)adverse impact of stormwater from construction and development on waterways and adjacent properties;

(2) technologies that are effective in addressing those adverse impacts and (3) the costs and economic achievability of such controls for builders and developers.

Click here to submit comments.

The proposed ELG includes:

a. minimum erosion control measures for all sites one acre or larger
b. sediment basin design standards for sites 10 acres or larger, and
c. a numeric effluent limitation of 13 NTU (which is a measure of turbidity) for sites that are larger than 30 acres and have erodible soils

Citizen and conservation groups can make three key points in comment letters:

• First, we encourage support for finalizing this rulemaking with a widely applicable numeric standard that fixes the current broken system of inadequate controls on SW runoff. Numeric standards provide objective measures of performance and compliance, give consistency and predictability to site operators, and drive developers toward more effective erosion prevention techniques, including Better Site Design.

• Second, it is critical to support the promulgation of rules on post-construction discharges since these are the source of permanent environmental degradation and can be controlled through Better Site Design/LID approaches which also reduce discharges during active construction. On most sites, LID approaches are more environmentally protective as well as saving money for developers.

• Third, EPA’s analysis fails to include all of the economic impacts of flooding from construction stormwater that damages neighboring property or municipal infrastructure; impacts to local recreational and commercial fisheries; costs to dredge or repair municipal stormwater infrastructure; etc. Please include examples of such impacts or studies of such impacts of
  which you are aware.

Short, focused letters making these points will be strengthened by arguments demonstrating the local/regional need for enhanced erosion and sediment controls, flaws with the subjective, BMP-based approach in local stormwater permits, etc.

For those individuals and organizations who have the capability to submit more technically detailed comments, there is considerable need for analysis based on studies relating to the need for improved construction stormwater controls; effectiveness of the technologies proposed by EPA; and the ability of passive erosion control methods and Better Site Design/Low Impact Development techniques to meet a higher numeric limit given local/regional soil and precipitation conditions.

Comment letters should be sent not only to the EPA staff dealing with the Proposed Rule, but also to political leaders within the Agency (the Administrator and Assistant Administrators) and senior staff at both EPA HQ and the regional offices. Additionally, it is important to share these letters with members of Congress and to encourage them to reach out to EPA with expressions of support for these regulatory goals. This may be especially effective where Congressional contacts are on the House Transportation and Infrastructure Committee or Senate Committee on the Environment and Public Works, who will be crucial for building political support for comprehensive stormwater regulation.

It may also be worth sharing the letter with state and local agencies, erosion control experts, and vendors of erosion and sediment control technologies, and developers who have had success with LID approaches to building. Garnering support for our positions from these sectors would be extremely helpful.

For more information: contact Jeff Odefey, Waterkeeper Alliance.