AGC remains engaged in the U.S. Environmental Protection Agency’s (EPA) effort to promulgate new standards to restrict stormwater discharges from newly developed and redeveloped construction sites (i.e., post-construction discharges) by November 2012.
Per a Dec. 9 meeting between AGC’s environmental leadership and EPA Office of Water officials, EPA intends to promulgate new federal stormwater rules that would require an already-developed property to mimic the same stormwater runoff conditions as existed on the site before it was developed. The exact details of how to accomplish this are still unfolding.
As an active member of the Federal Stormwater Association (FSWA, a Wash., DC-based group focused on engaging EPA in discussions involving implementation of, and revisions to, the national stormwater program), AGC recently provided comments and recommendations to a panel of government lawmakers (Small Business Advocacy Review Panel) on how to minimize the potential burden of the future post-construction stormwater rules on small businesses. As previously reported by AGC, EPA selected FSWA to represent the interests of small-business contractors during the upcoming rule review process. FSWA’s letter expresses concern that EPA has not provided the Panel with any regulatory language (or alternatives) or any information on the costs/benefits of national post-construction stormwater standards.
Specifically, the letter requests that EPA extend its discretionary rulemaking deadline and convene a subsequent SBAR Panel when the Agency has more information. Through this FSWA letter and other correspondence, AGC continues to point out the legal impediments (e.g., asserting federal authority over local land use decisions) to mandating what can or cannot be built on property, which stems from EPA’s efforts to set restrictions on stormwater flow and volume. The Panel will make official recommendations to the EPA Administrator following its consultation with the small business representatives.
Response to Mandatory Survey Less Than Thirty Percent
In related news, EPA has asked for AGC’s help in urging recipients of a mandatory stormwater survey to promptly complete and return it to avoid steep penalties of up to $37,500 per day. The survey is designed to gather data and other information on long-term stormwater management practices to support the development of the 2012 post-construction rule. In total, EPA mailed out letters to approximately 3,000 companies believed to be owners/developers of residential, non-residential, industrial and commercial properties directing them to complete the survey. Although the deadline for completing the stormwater survey was late November (60 days from receipt of the EPA letter), EPA told AGC that only about 900 companies have responded to the survey so far.
Acting on a formal comment letter submitted by AGC (regarding earlier versions of the survey), EPA significantly revised its mandatory survey and EPA correctly determined that general contractors should not be the target of information collection requests associated with post-construction issues. Although some general contractors did receive the questionnaire, most general contractor recipients needed only to complete the first part. AGC promptly obtained from EPA, and distributed to AGC Chapters, a list of companies who received the survey from the Agency. AGC offered additional information and assistance to targeted members. AGC’s work is sure to save the industry both time and money, as many members estimated that it would have taken a construction firm between 120 to 150 hours to complete the full EPA survey.
For more information, contact Leah Pilconis, senior environmental advisor to AGC, at pilconisl@agc.org.