The U.S. Environmental Protection Agency's (EPA) stormwater permit revisions would change the way contractors everywhere manage stormwater runoff. The revised construction general permit will replace the current 2008 permit, and EPA is accepting public comments on the draft until July 11, 2011.
The proposed changes would increase the costs, labor, paperwork burdens and liability for construction site operators. This affects all construction firms everywhere because states that run their own stormwater permit programs generally follow EPA's lead in adopting enhanced protections.
Please comment on the proposed permit. AGC Chapters and members can easily send a letter directly to EPA through the AGC online Legislative Action Center. EPA must receive your comments by July 11, 2011.
EPA especially needs to hear from practitioners on how the proposal will impact their construction practices and their businesses. AGC members' input is crucial and will help shape the future of the construction stormwater runoff program. For more information and analysis, click here.
Talking Points
- EPA should not include the numeric stormwater limit or associated provisions in its new permit until the Agency has promulgated revisions to that regulation and concluded related litigation before the 7th Circuit Court of Appeals.
- EPA should avoid implementing overly-prescriptive erosion and sediment control requirements not specific to the December 2009 C&D ELG rule and issue guidance.
- EPA should rely on its "Total Maximum Daily Load (TMDL) program" to control construction site runoff to impaired waters and avoid setting unsubstantiated and costly benchmark limits.
- EPA should allow simply quarterly reporting of turbidity data to track compliance with EPA’s numeric stormwater discharge limit.
- EPA should extend the 2008 CGP for its full term until 2013.
Action Needed
Please visit AGC's Legislative Action Center to send a comment letter to EPA. The online form will allow you to personally edit your comment letter. For more detailed instructions on submitting comments, click here.
Watch this video to learn more about EPA's proposed permit for storm water runoff from AGC's Mike Kennedy.
