The U.S. Environmental Protection Agency is making nearly $2 million available in 2010 to reduce pollution at the local level through the Community Action for a Renewed Environment (CARE) program.

The purpose of this program is to build partnerships that help the public understand and reduce toxic risks from numerous sources close to home, and to improve human health and the local environment. Level I awards are for those who wish to establish community-based partnerships that will assess toxic problems and consider options to reduce their risks.  Awards for Level I will range from $75,000-$100,000 each.  Level II awards are for those who have already formed partnerships and wish to implement risk-reduction activities and measure the results.  Awards for Level II projects will range from $150,000-$300,000 each.  Eligible applicants include county and local organizations, non-profits, businesses, schools, and tribes.

Note that this is an extremely competitive grant. In 2009, EPA received 235 eligible proposals and awarded only 9 grants.

Proposals are due by March 9, 2010.  Find more information and examples of CARE projects at: www.epa.gov/care.  See the complete EPA announcement.

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1,900 listeners attended a three hour and fifteen minute webcast on February 3^rd, during which the EPA provided a presentation on the Proposed National Rulemaking to Strengthen the Stormwater Program.  Five rulemaking considerations were outlined: expand the area subject to federal stormwater regulations; establish requirements to control stormwater discharges from new development and redevelopment; develop a single set of consistent regulations; require MS4s to address stormwater in existing development through retrofitting; and explore provisions to protect sensitive areas.

EPA has made available a copy of EPA’s presentation from the listening sessions (PDF) 30 pp, 2.7MB.

For over two hours the phone lines were opened up to those who wished to provide comments and feedback on the proposed stormwater rulemaking.  Because it is early in the rulemaking process and EPA is soliciting feedback, many questions were raised and issues were discussed:

MS4’s represent about 2% of the land area in Pennsylvania, which means that the EPA stormwater regulations currently apply to a very small fraction of land (and potentially development) in this state.  The EPA is considering whether the stormwater program should be expanded to include land development activities outside the boundaries of MS4’s.  What criteria should be used to expand the area?  Should new regulations include certain types or sizes of development outside of MS4’s, such as  industrial development or oil and gas development?

The agency was clear in their intention to consider volume control and promoting the concept of green infrastructure.  Can the proposed rulemaking establish post-construction requirements that mimic natural hydrologic processes?  Should EPA impose regulations to retain/infiltrate specified storm events, limit impervious surfaces, or require applicants to calculate the pre-development hydrology to weigh against post-development hydrology?  Should standards for new development be different or more stringent than those for old developments or redevelopment?

One theme that listeners seemed to agree on was a need for consistent requirements for Phase I and Phase II MS4’s.  There is also a need for consistency in how MS4’s are formed - should they be formed as watersheds, sub-watersheds or sub-basins, by county, or other logical boundary?

If MS4’s are required to address stormwater discharges in existing developments, how would retrofits be identified and prioritized?  Would MS4’s be required to prepare a retrofit plan?  Would Phase I MS4’s be a higher priority?  How would municipalities pay for implementing the plan?  Would this be a requirement in all watersheds, or only in impaired watersheds?

The Chesapeake Bay  has been identified as a sensitive area where pollution from stormwater discharge is an issue for immediate action.  Are there other sensitive areas that should have the same status with specific provisions for their protection and restoration?  What other regions should have “sensitive area” status?  Should they be subject to buffer requirements with E&S requirements for all new construction?  Is there any data available that demonstrates degraded or threatened watersheds?

Discussion and feedback: (this is a list of examples and is not a comprehensive list)

• Enhance water quality requirements
• Introduce a new program that addresses impaired waters
• Establish numeric targets for Nitrogen and Phosphorous
• Give special status to Lake Champlain and other waters in New England that are subject to management conferences under the Clean Water Act
• Improve enforcement of existing regulations rather than adding new regulations
• Promote porous paving for retrofit projects and redevelopment
• Provide more compliance assistance rather than enforcement with a new industry compliance program
• Provide objective standards based on hydrology
• Prioritize redevelopment and provide incentives for redevelopment and retrofits
• Regulate agricultural runoff
• Require a watershed approach to MS4’s
• Address the issue of mobile wash operations
• Provide financial assistance to municipalities to enforce requirements
• Stage new requirements so that they are introduced over time
• Consider nutrient trading for MS4’s
• Require MS4’s to report data and use that data for TMDL pre- to post-loadings
• Require an impervious limit of 10% in each sub-basin
• Provide more data on what BMPs accomplish for TMDLs, justify the costs, and provide support for MS4’s
• Provide grants to implement retrofits and for studies to gather data
• Use flow as a surrogate for TMDL requirements
• Increase control over isolated and small-scale development

Schedule of rulemaking

January - March Listening Sessions

Spring 2010 Federal Register Notice to review revised surveys, public comment period

Late 2011 Federal Register Notice to propose a rulemaking, public comment period

Late 2012 EPA Rulemaking

NOW is your opportunity to provide input into EPA’s stormwater rulemaking.  Comments must be received by February 26^th, 2010.  For more information, go here.

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EPA has issued a Federal Register Notice (PDF) seeking stakeholder input to help EPA shape a program to reduce stormwater impacts.  Input will be provided through both written comments and during a series of public listening sessions.  As described in the FR Notice, EPA seeks input on the following preliminary regulatory considerations:

• Expand the area subject to federal stormwater regulations
• Establish specific requirements to control stormwater discharges from new development and redevelopment
• Develop a single set of consistent stormwater requirements for all MS4s
• Require MS4s to address stormwater discharges in areas of existing development through retrofitting the sewer system or drainage area with improved stormwater control measures
• Explore specific stormwater provisions to protect sensitive areas

Written comments must be submitted on or before February 26, 2010 to the address specified in the Federal Register notice.

The public listening sessions will offer a chance for the public to provide input on regulatory actions that EPA is considering.  Brief oral comments (three minutes or less) will be accepted at the sessions, and written statements will be accepted.  The dates and locations of the listening sessions are as follows:

January 19, 2010, 10:00 a.m. to 3:00 p.m. at EPA Region 5 Office, 77 W. Jackson Blvd., Chicago, IL 60604

January 20, 2010, 10:00 a.m. to 3:00 p.m. at EPA Region 9 Office, 75 Hawthorne Street San Francisco, CA 94105

CLOSED - January 25, 2010, 10:00 a.m. to 3:00 p.m. at EPA Region 8 Office, 1595 Wynkoop Street Denver, CO 80202-1129

January 26, 2010, 10:00 a.m. to 3:00 p.m. at EPA Region 6 Office, 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202

January 28, 2010, 10:00 a.m. to 3:00 p.m. at EPA HQ Office, Ariel Rios Building 1200 Pennsylvania Ave. NW, Washington, DC 20004

Interested individuals must register to attend by January 15, 2010. To register, click on the link above or visit www.epa.gov/npdes/training.  For individuals who cannot attend a specific listening session, EPA will make a conference call line available.  EPA encourages anyone who cannot attend one of the five listening sessions to sign up for the “virtual” listening session webcast below. However, if you would like to listen to a specific session via conference call, please contact Amber Marriott (amber.marriott@tetratech.com) for the conference call information.

Listening Session Webcast

EPA will hold a “virtual” listening session as a webcast on February 3, 2010 from 12:00 pm to 4:00 pm Eastern time. After a presentation from EPA, this webcast will allow members of the public to call in and give brief (3 minute) statements. Audience members will be able to listen to the webcast and all public statements using their computer speakers. Click here to register for the Listening Session Webcast.

MS4 Survey to Gather Data to Inform the Process

EPA also is proposing to disseminate a survey to owners, operators, developers, and contractors of developed sites, owners and operators of municipal separate storm sewer systems (MS4s), and states and U.S. territories, which is designed to inform this rulemaking to strengthen stormwater regulations.  EPA is proposing to require three separate questionnaires focusing on gathering data about current stormwater management practices, including those used at newly developed and redeveloped sites.  EPA’s proposed survey would gather data from three groups: 1) the owners, operators, developers, and contractors of newly and redeveloped sites; 2) the owners and operators of municipal separate storm sewer systems; and 3) states and territories.  The draft survey would require detailed information about stormwater management and control practices, local regulations, and baseline financial information.

On October 26, 2009, EPA signed a Federal Register notice announcing its intent to submit a Information Collection Request (ICR) for the three questionnaires to the Office of Management and Budget (OMB).  EPA is requesting comments on the proposed Information Collection Request, including the associated burden estimate, but is NOT requesting completion of questionnaires at this time. The proposed ICR will be open for public comment for 60 days following publication in the Federal Register.

EPA has already issued policy statements in 2009 for federal projects including:

1. Requirements for stormwater sampling and monitoring during construction.

2. Requirements for treating stormwater VOLUME as a water quality pollutant.

These requirements have not yet been extended to private development at the state and local level, however many states and local agencies are drafting similar requirements.

For more information on this proposed rulemaking and these listening sessions, the potential rule and instructions for submitting written comments, go to http://www.epa.gov/npdes/stormwater/rulemaking

It’s going to be interesting to see how this process synchs with what’s happening at the State level (or not…)

What are your thoughts?

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