51风流 recently submitted extensive comments on the U.S. Environmental Protection Agency鈥檚 (EPA) draft 2022 National Pollutant Discharge Elimination System (NPDES) and , based on member input. 51风流 addressed the construction industry鈥檚 main concerns with EPA鈥檚 proposed CGP and offered recommendations on how to improve it in communications with the agency鈥檚 construction stormwater leads through e-mails, conference calls, and, most recently, via 51风流鈥檚 comment letter (as well as part of a coalition effort). To the extent that EPA adopts more stringent permit provisions, it affects construction firms everywhere because states that run their own stormwater permit programs generally follow EPA鈥檚 lead in adopting enhanced protections. Below is a summary of our main points.
51风流鈥檚 letter provides extensive feedback to the agency on a handful of provisions that would have a great impact on construction operations. 51风流 recommends that EPA address the deficiencies in the administrative procedures process (regulatory flexibility, cost analysis, small business impacts, and information collection provisions) associated with reissuing the CGP. Overall, 51风流 is very concerned with the increased monitoring, inspection, documentation, and reporting obligations throughout the proposed CGP. Further, 51风流 strongly opposes changes that would require turbidity meter monitoring in the CGP; extend the waiting period to 30 days; and penalize best management practices that require ongoing routine maintenance---resulting in more documentation and unanticipated costs.
51风流鈥檚 letter also provides point-by-point feedback on several areas within the proposed CGP:
- Concern over the new inspection, documentation, and corrective action requirements during construction dewatering operations.
- Does not support a proposed 2022 CGP provision that goes beyond the effluent limitations guidelines rule C&D ELG to require operators to check for sedimentation downstream of the point(s) of discharge.
- Does not support the expanded reporting requirements for photographs that go beyond what is required in the NPDES eReporting Rule.
- Questions the need for additional oil pollution controls and wondered whether the stormwater program was overlapping with other federal requirements, such as the oil spill program.
- Requests clarification and definitions in multiple areas throughout the proposed CGP.
- Support for the added flexibility for pollution control of some types of construction waste/ materials.
- Support for clarification in the permit that permittees may keep stormwater documentation in electronic form. Although, 51风流 urges EPA to provide some flexibility for projects in areas without internet access.
- Support for the added clarification for seasonally dry periods, but 51风流 requests more time to review the new tools that EPA introduced and the underlying database.
The agency also requested public comment on a few possible changes to the CGP.
- EPA requested comment on the provision to limit soil disturbance that has not been successfully applied under the 2017 CGP. In general, 51风流 does not recommend limitations on the amount of land that can be disturbed at a single time. Recognizing that EPA鈥檚 5-acre threshold is not practicable, 51风流 provides some guidance for the agency to consider such as considering a percentage instead of one number for all types and sizes of projects.
- EPA requested comment on its plans to strengthen the training requirements for those members of the construction team who perform inspections and produce a course. 51风流 and its members have found difficulty providing comment on the need or validity of a course that is not yet been produced. If EPA does produce a training program, the agency should involve 51风流 and members of the regulated community in the development.
- Lastly, 51风流鈥檚 letter provides potential modifications to the definition of 鈥渙perator鈥 to better ensure that all parties with control over the project are permitted.
For more information, please contact Leah Pilconis at leah.pilconis@agc.org or Melinda Tomaino at melinda.tomaino@agc.org.