ensuring clean water through stormwater rulemaking
TRANSCRIPT
Ensuring Clean Water through EPA’s National Stormwater Rulemaking
Issues and Opportunities
Katie Rousseau, American RiversHealing Our Waters Great Lakes Restoration Conference
October 13, 2011
Runoff: a growing problem
Development rates outpace population growth
Development = Imperviousness = Impaired Waters
Source: California Water and Land Use Partnership
Regulatory responses not keeping pace with impacts, or emergence of LID
- Increasing trend toward embrace of decentralized, “green infrastructure” management approaches
- Regulatory structures often at odds with green infrastructure principles
- Tension between permitting and community and water quality needs
Inconsistency frustrates successful resolution of these problems
Permits without objective, retention standards
Post-construction requirements limited to MS4s
DC NJ
DE NY
FL OH
MD RI
MN VT
NC
AL AR AZ
CO CT DC
FL GA IA
ID IL IN
KS KY LA
ME MI MN
MO MS NC
ND NE NM
OH RI SD
UT VA WY
Inconsistency frustrates successful resolution of these problems
Inequitable distribution of local responsibility…
…contributes to national problems.
A National Stormwater Rule
Possible options include : Post Construction Performance Standards for New
Development and Redevelopment Projects Additional Dischargers Brought into Regulatory Program Retrofit Program to Address Existing Imperviousness
Other issues at play : Public participation in municipal stormwater management
programs, state designation of standards, etc. Links to impaired waters Industrial stormwater, Combined Sewer Overflows
Post-Construction & On-site Management
Not an LID or green infrastructure requirement, as some state permit programs are attempting
Performance standard requiring on-site precipitation management: EISA guidance (95th % storm) as model ?
Possible relaxation for redevelopment, urban infill, and brownfields
Compliance flexibility where infeasible
Filling Holes in Stormwater Program
More complete universe of sources subject to the Clean Water Act brought under regulation
EPA proposing alterations to MS4 definition: “urbanized cluster” replacing “urbanized area” ? out to sub-watershed boundary ?
Uncertainty about other needs – direct dischargers, areas of planned future growth
Retrofit Planning & Implementation
Lots of movement in this field, despite perception of high costs Costs may be less than
feared. Other benefits may offset these costs
EPA proposing long term planning process to be implemented incrementally and tied to MS4 permits
Is this enough?
Where this all leads…
Broader embrace of green infrastructure drives lower costs, improved efficiencies
Increased demand drives evolution in professional communities
Changing attitudes drive integrated water management
Continued local leadership
A National Stormwater Rule
When ?? !! Proposed Rule : December 15, 2011 Public Comment Period: through February 2012 Final Rule : November 2012
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