澳门六合彩开奖预测 recently submitted comments to the U.S. Environmental Protection Agency (EPA) in support of the agency鈥檚 proposed rule to withdraw the nationwide numeric discharge limit from the existing 2009 Construction and Development Effluent Limitations Guidelines rule (C&D ELG). The proposal would also revise some of the C&D ELG鈥檚 non-numeric or Best Management Practice (BMP) requirements and clearly define the term 鈥渋nfeasible,鈥 as it relates to implementation of the BMP-control requirements. 听In its letter to EPA, 澳门六合彩开奖预测 affirmed that the proposal is a major step forward and welcome resolution to the litigation on this rule.
The C&D ELG鈥檚 nationwide numeric effluent limit (NEL) and monitoring requirements have been on hold, or stayed, since 2011; however, those provisions still appear in the Code of Federal Regulations at 40 CFR Part 450. [See footnote 1 below.] This has caused much confusion across the country as the Clean Water Act requires permitting authorities to add the C&D ELG provisions to all NPDES construction stormwater permits the next time the authorities reissue the their permits.听 EPA鈥檚 April 1 would finally withdraw the NEL and monitoring requirements, removing them from the federal regulations (currently found at 40 CFR Parts 450.22(a) and 450.22(b)) and clarifying that these provisions do not need to be incorporated into state-issued construction stormwater permits. As previously reported, EPA has proposed these changes to the C&D ELG pursuant to a settlement agreement with the National Association of Home Builders (and other parties) to resolve a lawsuit over the 2009 C&D ELG (Wisconsin Builders Ass鈥檔 v. EPA, 7th Cir., No. 09-4113, 12/21/12).听 While not a named party in the lawsuit, 澳门六合彩开奖预测 has been heavily involved in EPA鈥檚 efforts to develop appropriate controls for construction site stormwater runoff for more than 15 years.听 A final rule is due no later than February 28, 2014. If faced with a numeric limit, contractors in every state would have been required to monitor the turbidity levels in stormwater running off their construction jobsites; implement extremely costly advanced treatment controls to try to meet EPA鈥檚 potentially unachievable legal limit; and publicly report any exceedances of the limit.听 澳门六合彩开奖预测鈥檚 comments were submitted to EPA on May 31 in support of EPA鈥檚 proposal to withdraw the numeric limit. 澳门六合彩开奖预测鈥檚 letter points out that the modifications to the C&D ELG would provide additional clarity, efficiency, and improve the existing C&D ELG.听 However, 澳门六合彩开奖预测鈥檚 letter also expresses some concern that EPA鈥檚 preamble contains unnecessary and potentially confusing examples and excessive effort to explain the proposed changes, which ultimately compromises its efforts to clarify.听 听Summarized below are 澳门六合彩开奖预测鈥檚 general responses to EPA鈥檚 proposal.听 To read 澳门六合彩开奖预测鈥檚 detailed comment letter, click here. Summary of 澳门六合彩开奖预测鈥檚 Comment Letter听
- 澳门六合彩开奖预测 strongly supports EPA鈥檚 proposal to delete the NEL from the C&D ELG. Existing controls in federal, state and local programs combined with the BMP-based standards in the C&D ELG are efficient means to control turbidity levels in construction site discharges.听 澳门六合彩开奖预测 remains concerned, however, about EPA鈥檚 ongoing effort to collect data and develop a new numeric effluent limit (middle column of p. 19436).听 澳门六合彩开奖预测 strongly believes that a NEL is not practical.听 EPA cannot justify a single compliance limit for all locations throughout the nation.听 If faced with a NEL, contractors would be required to monitor the turbidity levels in the stormwater running off their construction jobsites, implement extremely costly advanced treatment controls to try to meet EPA鈥檚 potentially unachievablelimit and publicly report any exceedances of the limit.听 澳门六合彩开奖预测 estimates it would have cost industry $10 billion a year to comply with a NEL for turbidity on construction sites nationwide.
- By and large, 澳门六合彩开奖预测 finds that the proposed amendments to the various non-numeric BMP provisions of the C&D ELG will provide additional clarity, efficiency, and improve the existing C&D ELG.听 澳门六合彩开奖预测 supports EPA鈥檚 recognition of the fundamental principle that it can regulate only the 鈥渄ischarge of pollutants through point sources to waters of the U.S.鈥 and agrees with the proposed amendments that are premised on these key facts.听 澳门六合彩开奖预测 supports EPA鈥檚 efforts to revise current provisions that wrongly imply that EPA can control 鈥渙n-site鈥 activities or even down-stream environmental concerns, neither of which could be directly related to the discharge of pollutants from point sources (in this case originating from active construction operations subject to NPDES permitting) to waters of the U.S.听 澳门六合彩开奖预测 agrees, as described in the proposal, the non-numeric BMP requirements would apply only during the construction phase and end once construction has ceased and sites have been stabilized.
- In the preamble to its proposal, EPA set forth several 鈥渆xamples of appropriate controls鈥 (or explanations) for the amended BMPs.听 澳门六合彩开奖预测 recommends that EPA remove this text from the preamble to the final rule and work to develop a separate guidance document as appropriate.听 In some cases, EPA鈥檚 examples appear to contradict the rationale for amending the BMP in the first place, which may lead to confusion for permit writers and permitees.听 The states鈥 permitting authorities have ample authority to provide guidance on the most effective ways to implement the non-numeric BMP provisions within their jurisdictions.听 EPA also should encourage permitting authorities (in implementing the C&D ELG) to develop state or locally-appropriate guidance.
On the other hand, EPA鈥檚 examples of 鈥淲hat EPA does not mean by the requirement?鈥 would be extremely helpful for EPA to retain in the preamble to the final rule and to include in guidance.
- 澳门六合彩开奖预测 supports EPA鈥檚 proposed definition of 鈥渋nfeasible鈥: whether a control is (1) 鈥渢echnologically possible鈥 OR (2) 鈥渆conomically practicable and achievable in light of best industry practices.鈥 EPA鈥檚 proposal appropriately recognizes that compliance may be 鈥渋nfeasible鈥 in certain cases when site-specific conditions pose technically impossible or cost-prohibitive hurdles.听 澳门六合彩开奖预测 agrees with EPA鈥檚 approach to allow a permittee to assert either/or as a reason why a certain control may be 鈥渋nfeasible.鈥澨 EPA said it proposed the definition to avoid inconsistency among permitting authorities; 澳门六合彩开奖预测 maintains that this is of vital importance to the regulated community.
Overall, 澳门六合彩开奖预测 maintains that a BMP-based, control-measure approach is known and understood by the regulated community; it is cost-effective; and it promotes the use of innovative technologies on construction sites.听 澳门六合彩开奖预测 will continue to urge EPA to strengthen educational programs and materials on BMP-based stormwater permitting programs and not to burden state regulators, construction firms, and the public with rigid and inflexible numeric standards and monitoring requirements.
For more information, please contact 澳门六合彩开奖预测鈥檚 Senior Environmental Advisor Leah Pilconis at pilconisl@agc.org.
[1] EPA admitted that it miscalculated the stormwater runoff limit in its 2009 C&D ELG rule.听 The agency took direct final action Nov. 5, 2010, to stay the numeric effluent limitation of 280 NTU and associated monitoring requirements.听 75 Fed. Reg. 68,215 (effective Jan. 4, 2011).