SWM-PS 990216T_ P
ASCE REGULATORY
American Society _- AFFAIRS
of Civil Engineersx_ d?
lot" St eet. UV^<', Suite 5 0 sE
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Civil engineers a,-o Ru %!tiers of he Quality of Lire
February 16, 1999
ENVIRONMENTAL PROTECTION AGENCY DELAYS RULE
ON STORM WATER FROM SMALL CONSTRUCTION SITES
Agency To Issue Rule in October,
'Model' Discharge Permit in 2000
The U.S. Environmental Protection Agency (EPA) has delayed issuing anew regulation
that would curtail the runoff of polluted storm water from small construction sites through the use
of National Pollutant Discharge Elimination System ( NPDES) permits for the sites.
The rule, which was to have been issued by March 1, is now slated to be signed no later
than October 29. Under an agreement with the Natural Resources Defense Council (NRDC),
the Agency also will establish-
• A "model" permit, developed with stakeholder input, within a year after issuance of the
final rule.
• A menu of best management practices (BMPs), also to be developed with stakeholder
input, by October 27, 2000.
• Peer review of the menu of the new BMPs, with possible revisions to the menu, by April
2001.
• New guidelines from EPA on the development of measurable goals, no later than
October 2001.
The agreement states that, by October 27, 2000, EPA must prepare and distribute to
every state authorized to administer the NPDES permit program, as well as to EPA Regions,
"model general permits" for the regulation of the categories of point sources designated for
regulation under the Clean Water Act.
At the same time, the Agency must prepare and issue a menu of best management
practices applicable to municipal separate storm sewer systems to assist the systems in
development and implementation of each of the "minimum measures" proposed for municipal
storm -water management programs in the proposed rule.
EPA also must afford its "wet weather advisory group" an informal opportunity to provide
review and comment on the menu before it is issued. EPA must complete a peer review of the
technical components of the menu within six months after the issuance of the menu and retain
an opportunity to revise the menu in response to peer review comments.
The rule, which was proposed in January 1998, would require anyone developing a site
of between one and five acres to apply for a general NPDES permit and adopt strict measures
to restrict the flow of polluted rain and snow from the sites. Storm water from construction sites
of more than five acres in size has been regulated under the Clean Water Act since 1992.
EPA is proposing "safety valves" that would allow certain sources to be excluded from
the national program based on the lack of impact on water quality, as well as to pull in other
sources not regulated on a national basis based on localized adverse impact on water quality.
The proposal would provide a targeted expansion of the existing NPDES storm water
program by designating additional sources of storm water that need to be regulated to protect
water quality and to finalize the comprehensive storm water program to regulate those sources
(This proposal, when finalized, will supersede a regulation issued in August 1995.)
The proposal designates two classes of facilities for automatic coverage on a nationwide
basis under the NPDES program.
• Small municipal separate storm sewer systems (pollutants include sediment, floatables,
oil and grease, as well as other pollutants from illicit discharges) located in urbanized
areas (about 3,500 municipalities will be included in the program).
• Construction activities (pollutants include sediments and erosion from these sites) that
disturb equal to or greater than one and less than five acres of land (about 110,000 sites
a year will be included in the program).
"Storm water discharges generated during construction activities can cause an array of
water quality impacts," says EPA.
"The biological, chemical, and physical integrity of the waters may become severely
compromised. Water - quality impairment results, in part, because a number of pollutants are
preferentially absorbed onto mineral or organic particles found in fine sediment," according to
the Agency.
Other facilities and industrial and construction activities, as well as small municipal
separate storm sewer systems outside urbanized areas, could be designated on a case -by -case
basis.
Foradditional information, please contact Michael Charles, ASCE, 1015 15th Street NW,
Suite 600, Washington, D.C., 20005. E -mail to m char] esgas ce. org.
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Sincerely,
00—i J
David M. Schnurbusch, P.E.
President
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CRAIG G <,�,,1IFY. P
Vi .
r,e President
March 3, 1999
Fngmeering Group
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Vee President
Ken Griffin
Municipal Group
City of Coppell
255 Parkway Rd.
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JOHN N. CDRDI I RP LS
V,ce President
Coppell, TX 75019
Surveying Group
TIMOTHY W. MAY R.LA. L.I.
Lan Pr' Planneo1
Lane P�pnnmg
RE: Regulatory Affairs
g ry
Landscape Archllec,we Grepp
EPA Delay on Storm Water Rules
ROBERT M STENGELE RE.
Vice Presdvt
F ngineering Group
Dear Ken:
USA Professional Sep ✓ices Group, Inc. is committed to keeping our clients
notified of updates, where possible, that effect you on a daily basis in your work
to the best of our ability. We are blessed to have the opportunity to be of service
to you and your organization and will endeavor to give the most quality oriented,
innovative, timely, cost effective service possible.
You can count on us to lead and never follow.
Sincerely,
00—i J
David M. Schnurbusch, P.E.
President
Encl.
8 7 0 0 S T E M M O N S F R E E W A Y S U I T E F O U R H U N D R E D D A L L A S T E X A S 7 5 2 4 7 - 3 7 2 5
T E L E P H O N E 2 1 4 • 6 3 4 • 3 3 0 0 F A X 2 1 4 . 6 3 4 • 3 3 3 8 E M A I L : m a i l Cv u sa e n g i n e e rs. c o m
Founded 1982