EPA Proposal Guaranteed to Change the Way Contractors Manage Stormwater Runoff; AGC Needs Member Feedback

The U.S. Environmental Protection Agency (EPA) proposed April 24 a draft revised construction general permit (CGP) to regulate stormwater discharges from active sites where EPA is the permitting authority. AGC is actively soliciting industry input on the proposed permit modifications and invites all Chapters and members to participate in a free members-only webinar on June 1, 1:00 to 3:00 pm ET. The revised permit will replace the current one, which is set to expire on June 30 but may be extended through January 31, 2012, to allow EPA more time to finalize its proposed draft CGP.  The draft includes significant modifications that would increase the costs, labor, and paperwork burdens and liability for construction site operators tasked with stormwater compliance. States authorized to run their own stormwater permit programs generally follow EPA’s lead in adopting enhanced protections. EPA will accept comment on the draft CGP proposal through June 24. Major changes to the current 2008 CGP are afoot.  To begin with, all permitting authorities (EPA as well as the states) must incorporate the new “Effluent Limitations Guidelines” for the “Construction and Development Industry” (C&D ELG rule) into their construction stormwater permits upon the next reissuance.  Accordingly, EPA’s proposed permit pulls straight from the C&D ELG rule a suite of mandatory erosion and sediment controls, soil stabilization practices, pollution prevention measures, surface outlet protections, and dewatering practices that will apply to all permitted construction sites. In addition, the proposal includes a placeholder for a numeric turbidity limit (the specific limit to be inserted once it is recalculated and published), as well as applicability, sampling, and reporting requirements. More details on the most significant proposed permit modifications are available here. Comments are due by June 24 and may be submitted online at http://regulations.gov. EPA will host a webcast presentation on Tuesday, May 24 from 1:00 to 3:00 pm ET to review the proposal. The draft CGP is online at http://www.epa.gov/npdes/pubs/cgp_proposed.pdf. AGC Needs Contractor Input! AGC will host its own private, member-only webinar (no charge!) on Wednesday, June 1from 1:00 to 3:00pm ET for AGC Chapters and members to discuss the real-world, practical implications of the proposed permit modifications and to gather information from construction professionals.  To reserve your spot now, click here. Alternatively, email yatesc@agc.org. In addition, please click here to review 26 questions from the draft CGP on which AGC would like contractor members’ input.  You do not need to answer every question; respond to as soon as possible to pilconisl@agc.org.  Members’ input is crucial and will help shape AGC’s comments and recommendations to the EPA on the proposed permit language. For more information, contact Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.