Stakeholder Input on Stormwater Rulemaking Related to the Chesapeake Bay; Notice of Public Meeting, 62358-62362 [2010-25318]
Download as PDF
62358
Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
percent over the 2007 emissions
inventory. In the maintenance plan, if
contingency measures are triggered, the
State of Tennessee and Metro Nashville/
Davidson County Pollution Control
Division Office are committed to
implement the measures as
expeditiously as practicable, including
adopting one or more contingency
measures as expeditiously as practical
and implementing the measures within
twenty-four months of the triggering
event. The contingency measures
include: (1) Expansion of NOX and/or
VOC control strategies in the Nashville
Maintenance Area; (2) in conjunction
with the State of Tennessee,
implementation of mobile source
transportation controls such as reduced
speed limits for heavy duty diesel
vehicles; (3) lowering major source
thresholds; (4) expansion of the open
burning ban in Davidson County to
include homeowners in the area; (5)
implementation of anti-idling
legislation; and/or (6) any other control
measure determined to be appropriate at
the time a trigger is exceeded.
These contingency measures and
schedules for implementation satisfy
EPA’s long-standing guidance on the
requirements of section 110(a)(1) of
continued attainment. Continued
attainment of the 1997 8-hour ozone
NAAQS in the Nashville Area will
depend, in part, on the air quality
measures discussed previously (see
section II). In addition, the State of
Tennessee and Metro Nashville/
Davidson County Pollution Control
Division Office commit to verify the
1997 8-hour ozone status in this
maintenance plan through periodic
ozone precursor emission inventory
updates. Emission inventory updates
will be completed by 18 months
following the end of the inventory year
to verify continued attainment of the
1997 8-hour ozone NAAQS.
III. Proposed Action
Pursuant to section 110(a)(1) of the
CAA, EPA is proposing to approve the
maintenance plan addressing the 1997
8-hour ozone standards in the Nashville
Area, submitted by the State of
Tennessee, through TDEC, on August 3,
2010. The maintenance plan ensures
continued attainment of the 1997 8-hour
ozone NAAQS through the maintenance
year 2018. EPA has evaluated
Tennessee’s submittal and has
preliminarily determined that it meets
the applicable requirements of the CAA
and EPA regulations, and is consistent
with EPA policy.
On March 12, 2008, EPA issued
revised ozone NAAQS. On September
16, 2009, EPA announced it would
VerDate Mar<15>2010
13:38 Oct 07, 2010
Jkt 223001
reconsider the 2008 NAAQS for ozone
and proposed a new schedule for
designations for the reconsidered
NAAQS. The current action, however, is
being taken to address requirements
under the 1997 8-hour ozone standards.
Requirements for the Nashville Area
under the 2010 reconsidered ozone
NAAQS will be addressed in the future.
In addition, this proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
List of Subjects in 40 CFR Part 52
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
Environmental protection, Air
pollution control, Ozone, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 28, 2010.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2010–25448 Filed 10–7–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 122
[FRL–9211–2]
Stakeholder Input on Stormwater
Rulemaking Related to the Chesapeake
Bay; Notice of Public Meeting
Environmental Protection
Agency (EPA).
ACTION: Announcement of meeting.
AGENCY:
The purpose of this document
is to announce EPA’s intent to hold
several public ‘‘listening sessions’’ in
October and November 2010 and to
request input from the public on
Chesapeake Bay-specific provisions of a
new stormwater rulemaking. On
December 28, 2009, EPA issued a
Federal Register Notice announcing
EPA’s initiation of a national
rulemaking to establish a program to
better protect waterbodies from the
harmful effects of stormwater discharges
from new development and
redevelopment and make other
regulatory improvements to strengthen
its stormwater program. A range of
public and private stakeholders
provided input through both written
comments and during a series of public
listening sessions.
EPA is now soliciting input
specifically on potential provisions of
this stormwater rulemaking with respect
to the Chesapeake Bay watershed, with
several public ‘‘listening sessions’’ to be
held in October and November 2010,
and an interactive Webcast scheduled
for November 16, 2010. EPA seeks input
on whether to consider, among other
things, the following: Regulating
additional stormwater discharges not
SUMMARY:
E:\FR\FM\08OCP1.SGM
08OCP1
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules
currently regulated that are causing or
contributing to water quality
impairments in the Bay watershed;
requiring additional measures targeting
pollutants including, but not limited to,
nitrogen, phosphorus, and sediment in
the Chesapeake Bay Watershed;
requiring retrofits of stormwater
controls for existing development; and
applying specific performance standards
to discharges from new and
redevelopment within the watershed.
EPA also seeks input on whether to
consider specific evaluation, tracking, or
reporting elements. EPA also welcomes
any other information that may help
EPA develop regulations to better
control pollutants in stormwater from
the built environment to meet water
quality objectives in the Chesapeake Bay
Watershed.
As part of the listening sessions, EPA
will also address environmental justice
considerations and potential impacts
and benefits that may arise as a
consequence of the rulemaking. EPA
invites the public to participate in these
environmental justice discussions to
provide feedback and share ideas
related to stormwater management.
DATES: Written comments and any
supporting data must be submitted on or
before December 7, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2009–0817, by one of the following
methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: OW-Docket@epa.gov,
Attention Docket ID No. EPA–HQ–OW–
2009–0817.
• Fax: 202–566–9744.
• Mail: Water Docket, U.S.
Environmental Protection Agency, Mail
code: 4203M, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460. Attention
Docket ID No. EPA–HQ–OW–2009–
0817.
• Hand Delivery: Water Docket, EPA
Docket Center, EPA West Building
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC, Attention Docket
ID No. EPA–HQ–OW–2009–0817. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OW–2009–
0817. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
VerDate Mar<15>2010
13:38 Oct 07, 2010
Jkt 223001
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: For
further information on this document,
contact Rachel Herbert, EPA
Headquarters, Office of Water, Office of
Wastewater Management at tel.: 202–
564–2649 or e-mail:
herbert.rachel@epa.gov.
SUPPLEMENTARY INFORMATION:
Public Listening Sessions and
Webcast: EPA will hold several informal
public listening sessions in October and
November 2010 and a Webcast on
November 3, 2010 to gather input on
possible Chesapeake Bay provisions of
the new stormwater rulemaking. The
public listening sessions will provide a
review of potential considerations to
strengthen the stormwater program
specifically for the Chesapeake Bay
watershed. Following the review, brief
oral comments (three minutes or less)
will be accepted at the sessions, and
written statements will be accepted.
EPA is also holding a discussion of
environmental justice considerations
related to these potential Chesapeake
Bay specific provisions. See the
discussion below for additional
information on date, time and location
of the listening sessions and webcast.
The specific location names and
addresses will also be posted on the
Internet at https://www.epa.gov/npdes/
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
62359
stormwater/rulemaking no later than
October 11, 2010.
Listening Sessions
• October 26, 2010, 2 p.m. to 5 p.m.
for the listening session and 6:30 p.m.
to 8:30 p.m. for the environmental
justice discussion at Radisson Plaza
Lord Baltimore 20 West Baltimore Street
Baltimore, MD 21201.
• October 28, 2010, 10 a.m. to 1 p.m.
for the listening session and 2 p.m. to
4 p.m. for the environmental justice
discussion at Hyatt Regency Chesapeake
Bay 100 Heron Blvd. Cambridge, MD
21613.
• November 4, 2010, Washington, DC,
10 a.m. to 12 p.m. for environmental
justice discussion and 1 p.m. to 4 p.m.
for the listening session at 1201
Constitution Avenue, NW., Washington,
DC 20004.
• November 9, 2010, 2 p.m. to 5 p.m.
for the listening session and 6:30 p.m.
to 8:30 p.m. for the environmental
justice discussion at Omni Richmond
Hotel 100 South 12th Street Richmond,
VA 23219.
• November 17, 2010, 2 p.m. to 5 p.m.
for the listening session and 6:30 p.m.
to 8:30 p.m. for the environmental
justice discussion at Forum Building 5th
& Walnut Harrisburg, PA.
Webcast
• November 16, 2010, 1 p.m. to 4 p.m.
EST, Visit https://www.epa.gov/npdes/
stormwater/rulemaking to register to
participate in the Webcast.
I. General Information
A. How can I get copies of this
document and other related
information?
1. Docket. EPA has established an
official public docket for this action
under Docket ID No. EPA–HQ–OW–
2009–0817. The official public docket is
the collection of materials that is
available for public viewing at the Water
Docket in the EPA Docket Center, (EPA/
DC) EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC. Although all documents in the
docket are listed in an index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Publicly available docket materials are
available in hard copy at the EPA
Docket Center Public Reading Room,
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Water
Docket is (202) 566–2426.
2. Electronic Access. You may access
this Federal Register document
E:\FR\FM\08OCP1.SGM
08OCP1
erowe on DSK5CLS3C1PROD with PROPOSALS-1
62360
Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules
electronically through the EPA Internet
under the Federal Register listings at
https://www.epa.gov/fedrgstr/. Electronic
versions of this notice and other
stormwater documents are available at
EPA’s stormwater Web site https://
www.epa.gov/npdes/stormwater/
rulemaking.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at https://www.epa.gov/edocket/
to submit or view public comments,
access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Once in the system, select ‘‘search,’’ then
key in the appropriate docket
identification number. Certain types of
information will not be placed in the
EPA Dockets. Information claimed as
CBI and other information whose
disclosure is restricted by statute, which
is not included in the official public
docket, will not be available for public
viewing in EPA’s electronic public
docket. EPA policy is that copyrighted
material will not be placed in EPA’s
electronic public docket but will be
available only in printed, paper form in
the official public docket. Although not
all docket materials may be available
electronically, you may still access any
of the publicly available docket
materials through the docket facility
identified in Section I.A.1.
3. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or e-mail. Clearly mark
all of the information that you claim to
be CBI. For CBI information on
computer discs mailed to EPA, mark the
surface of the disc as CBI. Also identify
electronically the specific information
contained in the disc or that you claim
is CBI. In addition to one complete
version of the specific information
claimed as CBI, you must submit a copy
that does not contain the information
claimed as CBI for inclusion in the
public document. Information so
marked will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. It is important to note
that EPA’s policy is that public input,
whether submitted electronically or in
paper, will be made available for public
viewing in EPA’s electronic public
docket as EPA receives them and
without change, unless the input
contains copyrighted material, CBI, or
other information whose disclosure is
restricted by statute. When EPA
identifies any input containing
copyrighted material, EPA will provide
a reference to that material in the
version of the document that is placed
VerDate Mar<15>2010
13:38 Oct 07, 2010
Jkt 223001
in EPA’s electronic public docket. The
entire printed submittal, including the
copyrighted material, will be available
in the public docket. Documents
submitted on computer disks that are
mailed or delivered to the docket will be
transferred to EPA’s electronic public
docket. Input that is mailed or delivered
to the Docket will be scanned and
placed in EPA’s electronic public
docket. Where practical, physical
objects will be photographed, and the
photograph will be placed in EPA’s
electronic public docket along with a
brief description written by the docket
staff.
B. How and to whom do I submit input?
You may submit input electronically,
by mail, through hand delivery/courier,
or in person by attending one of the five
listening sessions. To ensure proper
receipt by EPA, identify the appropriate
docket identification number in the
subject line on the first page of your
input. Please ensure that your input is
submitted within the specified comment
period.
1. Electronically. If you submit
electronic input as prescribed below,
EPA recommends that you include your
name, mailing address, and an e-mail
address or other contact information in
the body of your comment. Also include
this contact information on the outside
of any disk or CD–ROM you submit, and
in any cover letter accompanying the
disk or CD–ROM. This ensures that you
can be identified as the submitter of the
comment and allows EPA to contact you
in case EPA cannot read your submittal
due to technical difficulties or needs
further information on the substance of
your input. EPA’s policy is that EPA
will not edit your input, and any
identifying or contact information
provided in the body of the text will be
included as part of the input that is
placed in the official public docket, and
made available in EPA’s electronic
public docket. If EPA cannot read your
submittal due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
input.
i. EPA Dockets. Your use of EPA’s
electronic public docket to provide
input to EPA electronically is EPA’s
preferred method for receiving
comments. Go directly to EPA Dockets
at https://www.epa.gov/edocket, and
follow the online instructions for
submitting input. Once in the system,
select ‘‘search,’’ and then key in Docket
ID No. EPA–HQ–OW–2009–0817. The
system is an ‘‘anonymous access’’
system, which means EPA will not
know your identity, e-mail address, or
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
other contact information unless you
provide it.
ii. E-mail. Input may be sent by
electronic mail (e-mail) to
owdocket@epa.gov, Attention Docket ID
No. EPA–HQ–OW–2009–0817. In
contrast to EPA’s electronic public
docket, EPA’s e-mail system is not an
‘‘anonymous access’’ system. If you send
an e-mail directly to the Docket without
going through EPA’s electronic public
docket, EPA’s e-mail system
automatically captures your e-mail
address. E-mail addresses that are
automatically captured by EPA’s e-mail
system are included as part of the
submittal that is placed in the official
public docket, and made available in
EPA’s electronic public docket.
iii. Disk or CD–ROM. You may submit
input on a disk or CD–ROM that you
mail to the mailing address identified in
this section. These electronic
submissions will be accepted in
Microsoft Word or ASCII file format.
Avoid the use of special characters and
any form of encryption.
2. By Mail. Send the original and three
copies of your input to: Water Docket,
Environmental Protection Agency, Mail
code: 4101T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, Attention
Docket ID No. EPA–HQ–OW–2009–
0817.
3. By Hand Delivery or Courier.
Deliver your input to: Public Reading
Room, Room B102, EPA West Building,
1301 Constitution Avenue, NW.,
Washington, DC 20004, Attention
Docket ID No. EPA–HQ–OW–2009–
0817. Such deliveries are only accepted
during the Docket’s normal hours of
operation (8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays).
II. Background Statutory and
Regulatory Overview
Under section 402(p) of the Clean
Water Act, the Environmental
Protection Agency regulates stormwater
discharges from municipal separate
storm sewer systems (publicly owned
conveyances or systems of conveyances
that discharge to waters of the U.S. and
are designed or used for collecting or
conveying stormwater, are not
combined sewers, and are not part of a
publicly owned treatment works),
stormwater discharges associated with
industrial activity, and stormwater
discharges from construction sites of
one acre or larger. See 40 CFR 122.26(a).
Under EPA’s regulations, these
stormwater discharges are required to be
covered by National Pollutant Discharge
Elimination System (NPDES) permits.
EPA developed the stormwater
regulations under section 402(p) in two
E:\FR\FM\08OCP1.SGM
08OCP1
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules
phases, as directed by the statute. In the
first phase, under section 402(p)(4), EPA
promulgated regulations establishing
application requirements for NPDES
permits for stormwater discharges from
medium and large municipal separate
storm sewer systems (MS4s) (serving
populations of 100,000 or more) and
stormwater discharges associated with
industrial activity.
EPA published the final Phase I rule
on November 16, 1990 (55 FR 47990).
See 40 CFR 122.26. The Phase I rule,
among other things, defined
‘‘stormwater discharges associated with
industrial activity’’ to include
construction sites of five acres or larger.
40 CFR 122.26(b)(14)(x).
In the second phase, under section
402(p)(5) and (6), EPA was required to
conduct a study to identify other
stormwater discharges that needed
further controls to protect water quality,
report to Congress on the results of the
study, and to designate for regulation
additional categories of stormwater
discharges not regulated in Phase I. EPA
promulgated the Phase II rule on
December 8, 1999, designating small
MS4s in Census Bureau-defined
urbanized areas and small construction
sites (1–5 acres) and requiring NPDES
permits for these discharges. 64 FR
68722.
With respect to MS4s, the Phase I
regulations are primarily application
requirements that identify components
that must be addressed in permit
applications from large and medium
MS4s. The regulations require these
MS4s to develop a stormwater
management program (SWMP), track
and oversee industrial facilities
regulated under the NPDES stormwater
program, conduct monitoring, and
submit periodic reports. Under the
Phase II rule, regulated small MS4s are
generally defined as any MS4 that is not
already covered by the Phase I program
and that are located within the
urbanized area boundary as determined
by the U.S. Decennial Census. Separate
storm sewer systems such as those
serving military bases, universities,
large hospital or prison complexes, and
highways are also included in the
definition of ‘‘small MS4.’’ 40 CFR
122.26(b)(16). In addition, a small MS4
located outside of an urbanized area
may be designated as a regulated small
MS4 if the NPDES permitting authority
determines that its discharges cause, or
have the potential to cause, an adverse
impact on water quality. See 40 CFR
122.32(a)(2), 123.35(b)(3).
Phase II stormwater regulations also
require that the MS4, under the permit,
implement stormwater management
programs (SWMPs), and require that the
VerDate Mar<15>2010
13:38 Oct 07, 2010
Jkt 223001
SWMPs include six minimum control
measures. The minimum control
measures are: Public education and
outreach, public participation and
involvement, illicit discharge detection
and elimination, construction site runoff
control, post construction runoff
control, and pollution prevention and
good housekeeping. Regulations
applicable to Phase II MS4 permits are
found in 40 CFR 122.30–122.37. In
general, Phase II MS4 permits are
general permits, although small MS4s
may apply for individual permits under
the Phase I rule’s application provisions
in 40 CFR 122.26(d).
Under section 402(p)(6), EPA is
authorized to designate additional
stormwater discharges to be regulated
other than those already regulated, and
to establish a comprehensive program to
regulate them. In addition, under EPA’s
stormwater regulations, EPA (or States
authorized to administer the NPDES
program) may require NPDES permits
for currently unregulated stormwater
discharges by designating discharges
pursuant to 40 CFR 122.26(a)(9)(i)(C) or
(D).
III. Input on Preliminary
Considerations for Modifying/
Supplementing EPA’s Stormwater
Regulations in the Chesapeake Bay
Watershed
By today’s notice, EPA is informing
the public of its preliminary
considerations for modifying or
supplementing EPA’s stormwater
regulations to specifically address
stormwater discharges in the
Chesapeake Bay Watershed and
soliciting public input on these
considerations. EPA is accepting
information during the listening
sessions and/or by submission of
written comments as described above in
order to gain early public input on
stormwater practices and regulations
and to inform the stormwater
rulemaking. The following are options
that EPA is considering for
strengthening the stormwater
requirements and for which EPA seeks
input. These options are not mutually
exclusive and may be considered in
combination.
Option 1: Designate Additional
Discharges to be Regulated. Stormwater
discharge from large areas of impervious
cover can be a significant contributor to
water quality impairments in the
receiving waters. As part of the national
rulemaking effort, EPA is considering
regulating additional discharges that are
not currently regulated, but are causing
and/or contributing to the degradation
of water quality in the Chesapeake Bay
watershed. This option could be
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
62361
achieved in various ways: Expanding
the area of coverage for currently
regulated MS4s, regulating currently
unregulated MS4s, and designating
discharges that do not flow through
MS4s, including those that discharge to
waterbodies directly. EPA is considering
the need to further expand the scope of
discharges regulated in the Chesapeake
Bay watershed beyond those that would
be regulated as part of the national
rulemaking effort. EPA requests input
from the public on (1) How to identify
the appropriate jurisdictional
boundaries for permit coverage,
including the township, county, sewer
district, or others; (2) how to identify
areas within the Chesapeake Bay
watershed that should be covered based
on development pressures and to
protect water quality; and (3) whether
EPA should consider regulating
stormwater discharges from particular
types or sizes of development that are
not covered by an MS4 permit.
Option 2: Require Additional
Chesapeake Bay-only MS4 Provisions.
EPA is considering adding new
minimum measures or more specificity
to the six existing minimum control
measures to reduce the discharge of
pollutants. The additional minimum
measures could include requiring
controls related to turf management,
pesticide usage, fertilizer usage, and
buffer widths. These additional
minimum measures could be applied to
all MS4s, to selected MS4s using a
tiered approach based on the size of the
MS4, or focused in those subwatershed
or tributaries where these additional
controls that are determined to be
necessary to protect water quality. More
specificity of the minimum control
measures could include considerations
for nitrogen, phosphorus and sediment,
to strengthen the stormwater
management programs in the
Chesapeake Bay watershed and to
further the implement of the
Chesapeake Bay TMDL.
Option 3: Require Retrofitting of
Stormwater Management Controls with
Improved Stormwater Control Measures.
EPA is considering adding a
requirement that would make
retrofitting structural stormwater
controls mandatory for existing
development that discharges through an
MS4 and/or for large-scale development
that does not discharge through an MS4.
In its national stormwater rulemaking,
EPA is considering a retrofit component
that would apply nationally to MS4s.
However, EPA seeks public input on
whether to consider establishing either
more stringent requirements for MS4s in
the Chesapeake Bay watershed or a
specific retrofit provision for discharges
E:\FR\FM\08OCP1.SGM
08OCP1
62362
Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules
that discharge directly to waterbodies
within the Chesapeake Bay watershed.
Additionally, EPA requests information
related specifically to stream and
floodplain restoration as well as buffer
requirements so that the rulemaking can
address the physical impacts of
stormwater to streams to improve
overall stream functionality.
Option 4: Establish New and
Redevelopment Standards. As part of
the national stormwater rulemaking,
EPA is considering a number of options
to improve stormwater quality through
standards for newly developed and
redeveloped sites. In the Federal
Register Notice published December 28,
2009, EPA had requested comments on
what standard(s) could be applied to
new development and redevelopment
that would promote sustainable
practices and mimic natural processes
through (1) Infiltration and recharge,
(2) evapotranspiration, and/or
(3) precipitation harvesting and reuse.
With respect to the Chesapeake Bay
watershed, EPA is considering whether
to set distinct parameters to these
standards for discharges from newly
developed and redeveloped sites. For
example, if EPA promulgates a rule with
a national standard, one option could be
to apply that standard to more sites than
would be regulated under a national
rule, such as sites smaller than the
minimum size that may be specified in
the national rule. Another option could
be a Chesapeake Bay watershed-specific
performance standard that differs from
the national standard.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
IV. Environmental Justice
Considerations
As part of the listening sessions, EPA
will also address environmental justice
VerDate Mar<15>2010
13:38 Oct 07, 2010
Jkt 223001
considerations and potential impacts
that may arise as a consequence of the
Chesapeake Bay watershed provisions
under consideration in the new
rulemaking. Executive Order (EO) 12898
(59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on
environmental justice. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Environmental justice is the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies. To help
achieve EPA’s goals for environmental
justice, EPA places particular emphasis
on the public health of and
environmental conditions affecting
minority, low-income, and indigenous
populations.
EPA solicits comment for these
preliminary Chesapeake Bay watershed
specific provisions to assess whether
they will have a disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations. The Agency
plans to discuss ways that local
communities can identify areas of
concern and incorporate ‘‘low impact
development’’ (LID) or ‘‘green
infrastructure’’ practices into their
PO 00000
Frm 00033
Fmt 4702
Sfmt 9990
stormwater management regimes. These
practices, such as rain gardens,
bioswales, green roofs, and pervious
pavements, use infiltration,
evapotranspiration, and stormwater
capture and reuse to maintain or restore
natural hydrologies, in order to lessen
the environmental impacts of
stormwater and improve public access
to clean waters to improve livability.
EPA is working with all stakeholders to
strengthen its stormwater program and
support communities in efforts to
restore and maintain their urban
waterbodies. Priorities for this effort
include helping communities—
especially underserved communities—
access, improve, and benefit from their
waters and the surrounding land.
EPA requests that participants in the
listening sessions’ environmental justice
component share their ideas on the
following questions focusing on
stormwater issues:
• Stormwater Benefits and
Challenges—What do you see as
effective and ineffective strategies for
managing stormwater in communities?
• Federal Government Role—How
can the federal government be a more
effective partner in helping to manage
stormwater in your community?
• Tools—What additional tools and
resources would help your efforts to
successfully address the impact of
stormwater in your community?
Dated: October 1, 2010.
Deborah Nagle,
Associate Director Water Permits Division.
[FR Doc. 2010–25318 Filed 10–7–10; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\08OCP1.SGM
08OCP1
Agencies
[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Proposed Rules]
[Pages 62358-62362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25318]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 122
[FRL-9211-2]
Stakeholder Input on Stormwater Rulemaking Related to the
Chesapeake Bay; Notice of Public Meeting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Announcement of meeting.
-----------------------------------------------------------------------
SUMMARY: The purpose of this document is to announce EPA's intent to
hold several public ``listening sessions'' in October and November 2010
and to request input from the public on Chesapeake Bay-specific
provisions of a new stormwater rulemaking. On December 28, 2009, EPA
issued a Federal Register Notice announcing EPA's initiation of a
national rulemaking to establish a program to better protect
waterbodies from the harmful effects of stormwater discharges from new
development and redevelopment and make other regulatory improvements to
strengthen its stormwater program. A range of public and private
stakeholders provided input through both written comments and during a
series of public listening sessions.
EPA is now soliciting input specifically on potential provisions of
this stormwater rulemaking with respect to the Chesapeake Bay
watershed, with several public ``listening sessions'' to be held in
October and November 2010, and an interactive Webcast scheduled for
November 16, 2010. EPA seeks input on whether to consider, among other
things, the following: Regulating additional stormwater discharges not
[[Page 62359]]
currently regulated that are causing or contributing to water quality
impairments in the Bay watershed; requiring additional measures
targeting pollutants including, but not limited to, nitrogen,
phosphorus, and sediment in the Chesapeake Bay Watershed; requiring
retrofits of stormwater controls for existing development; and applying
specific performance standards to discharges from new and redevelopment
within the watershed. EPA also seeks input on whether to consider
specific evaluation, tracking, or reporting elements. EPA also welcomes
any other information that may help EPA develop regulations to better
control pollutants in stormwater from the built environment to meet
water quality objectives in the Chesapeake Bay Watershed.
As part of the listening sessions, EPA will also address
environmental justice considerations and potential impacts and benefits
that may arise as a consequence of the rulemaking. EPA invites the
public to participate in these environmental justice discussions to
provide feedback and share ideas related to stormwater management.
DATES: Written comments and any supporting data must be submitted on or
before December 7, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0817, by one of the following methods:
https://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: OW-Docket@epa.gov, Attention Docket ID No. EPA-HQ-
OW-2009-0817.
Fax: 202-566-9744.
Mail: Water Docket, U.S. Environmental Protection Agency,
Mail code: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Attention Docket ID No. EPA-HQ-OW-2009-0817.
Hand Delivery: Water Docket, EPA Docket Center, EPA West
Building Room 3334, 1301 Constitution Ave., NW., Washington, DC,
Attention Docket ID No. EPA-HQ-OW-2009-0817. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2009-
0817. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: For further information on this
document, contact Rachel Herbert, EPA Headquarters, Office of Water,
Office of Wastewater Management at tel.: 202-564-2649 or e-mail:
herbert.rachel@epa.gov.
SUPPLEMENTARY INFORMATION:
Public Listening Sessions and Webcast: EPA will hold several
informal public listening sessions in October and November 2010 and a
Webcast on November 3, 2010 to gather input on possible Chesapeake Bay
provisions of the new stormwater rulemaking. The public listening
sessions will provide a review of potential considerations to
strengthen the stormwater program specifically for the Chesapeake Bay
watershed. Following the review, brief oral comments (three minutes or
less) will be accepted at the sessions, and written statements will be
accepted. EPA is also holding a discussion of environmental justice
considerations related to these potential Chesapeake Bay specific
provisions. See the discussion below for additional information on
date, time and location of the listening sessions and webcast. The
specific location names and addresses will also be posted on the
Internet at https://www.epa.gov/npdes/stormwater/rulemaking no later
than October 11, 2010.
Listening Sessions
October 26, 2010, 2 p.m. to 5 p.m. for the listening
session and 6:30 p.m. to 8:30 p.m. for the environmental justice
discussion at Radisson Plaza Lord Baltimore 20 West Baltimore Street
Baltimore, MD 21201.
October 28, 2010, 10 a.m. to 1 p.m. for the listening
session and 2 p.m. to 4 p.m. for the environmental justice discussion
at Hyatt Regency Chesapeake Bay 100 Heron Blvd. Cambridge, MD 21613.
November 4, 2010, Washington, DC, 10 a.m. to 12 p.m. for
environmental justice discussion and 1 p.m. to 4 p.m. for the listening
session at 1201 Constitution Avenue, NW., Washington, DC 20004.
November 9, 2010, 2 p.m. to 5 p.m. for the listening
session and 6:30 p.m. to 8:30 p.m. for the environmental justice
discussion at Omni Richmond Hotel 100 South 12th Street Richmond, VA
23219.
November 17, 2010, 2 p.m. to 5 p.m. for the listening
session and 6:30 p.m. to 8:30 p.m. for the environmental justice
discussion at Forum Building 5th & Walnut Harrisburg, PA.
Webcast
November 16, 2010, 1 p.m. to 4 p.m. EST, Visit https://www.epa.gov/npdes/stormwater/rulemaking to register to participate in
the Webcast.
I. General Information
A. How can I get copies of this document and other related information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. EPA-HQ-OW-2009-0817. The official public
docket is the collection of materials that is available for public
viewing at the Water Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Although
all documents in the docket are listed in an index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Publicly available docket materials are
available in hard copy at the EPA Docket Center Public Reading Room,
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Water Docket is (202)
566-2426.
2. Electronic Access. You may access this Federal Register document
[[Page 62360]]
electronically through the EPA Internet under the Federal Register
listings at https://www.epa.gov/fedrgstr/. Electronic versions of this
notice and other stormwater documents are available at EPA's stormwater
Web site https://www.epa.gov/npdes/stormwater/rulemaking.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number. Certain types
of information will not be placed in the EPA Dockets. Information
claimed as CBI and other information whose disclosure is restricted by
statute, which is not included in the official public docket, will not
be available for public viewing in EPA's electronic public docket. EPA
policy is that copyrighted material will not be placed in EPA's
electronic public docket but will be available only in printed, paper
form in the official public docket. Although not all docket materials
may be available electronically, you may still access any of the
publicly available docket materials through the docket facility
identified in Section I.A.1.
3. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark all of the information that you
claim to be CBI. For CBI information on computer discs mailed to EPA,
mark the surface of the disc as CBI. Also identify electronically the
specific information contained in the disc or that you claim is CBI. In
addition to one complete version of the specific information claimed as
CBI, you must submit a copy that does not contain the information
claimed as CBI for inclusion in the public document. Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2. It is important to note that EPA's policy is
that public input, whether submitted electronically or in paper, will
be made available for public viewing in EPA's electronic public docket
as EPA receives them and without change, unless the input contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies any input containing
copyrighted material, EPA will provide a reference to that material in
the version of the document that is placed in EPA's electronic public
docket. The entire printed submittal, including the copyrighted
material, will be available in the public docket. Documents submitted
on computer disks that are mailed or delivered to the docket will be
transferred to EPA's electronic public docket. Input that is mailed or
delivered to the Docket will be scanned and placed in EPA's electronic
public docket. Where practical, physical objects will be photographed,
and the photograph will be placed in EPA's electronic public docket
along with a brief description written by the docket staff.
B. How and to whom do I submit input?
You may submit input electronically, by mail, through hand
delivery/courier, or in person by attending one of the five listening
sessions. To ensure proper receipt by EPA, identify the appropriate
docket identification number in the subject line on the first page of
your input. Please ensure that your input is submitted within the
specified comment period.
1. Electronically. If you submit electronic input as prescribed
below, EPA recommends that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
comment. Also include this contact information on the outside of any
disk or CD-ROM you submit, and in any cover letter accompanying the
disk or CD-ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your submittal due to technical difficulties or needs
further information on the substance of your input. EPA's policy is
that EPA will not edit your input, and any identifying or contact
information provided in the body of the text will be included as part
of the input that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
submittal due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your input.
i. EPA Dockets. Your use of EPA's electronic public docket to
provide input to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at https://www.epa.gov/edocket, and follow the online instructions for submitting input. Once
in the system, select ``search,'' and then key in Docket ID No. EPA-HQ-
OW-2009-0817. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it.
ii. E-mail. Input may be sent by electronic mail (e-mail) to
owdocket@epa.gov, Attention Docket ID No. EPA-HQ-OW-2009-0817. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail directly to the
Docket without going through EPA's electronic public docket, EPA's e-
mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the submittal that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD-ROM. You may submit input on a disk or CD-ROM that
you mail to the mailing address identified in this section. These
electronic submissions will be accepted in Microsoft Word or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send the original and three copies of your input to:
Water Docket, Environmental Protection Agency, Mail code: 4101T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No.
EPA-HQ-OW-2009-0817.
3. By Hand Delivery or Courier. Deliver your input to: Public
Reading Room, Room B102, EPA West Building, 1301 Constitution Avenue,
NW., Washington, DC 20004, Attention Docket ID No. EPA-HQ-OW-2009-
0817. Such deliveries are only accepted during the Docket's normal
hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays).
II. Background Statutory and Regulatory Overview
Under section 402(p) of the Clean Water Act, the Environmental
Protection Agency regulates stormwater discharges from municipal
separate storm sewer systems (publicly owned conveyances or systems of
conveyances that discharge to waters of the U.S. and are designed or
used for collecting or conveying stormwater, are not combined sewers,
and are not part of a publicly owned treatment works), stormwater
discharges associated with industrial activity, and stormwater
discharges from construction sites of one acre or larger. See 40 CFR
122.26(a). Under EPA's regulations, these stormwater discharges are
required to be covered by National Pollutant Discharge Elimination
System (NPDES) permits. EPA developed the stormwater regulations under
section 402(p) in two
[[Page 62361]]
phases, as directed by the statute. In the first phase, under section
402(p)(4), EPA promulgated regulations establishing application
requirements for NPDES permits for stormwater discharges from medium
and large municipal separate storm sewer systems (MS4s) (serving
populations of 100,000 or more) and stormwater discharges associated
with industrial activity.
EPA published the final Phase I rule on November 16, 1990 (55 FR
47990). See 40 CFR 122.26. The Phase I rule, among other things,
defined ``stormwater discharges associated with industrial activity''
to include construction sites of five acres or larger. 40 CFR
122.26(b)(14)(x).
In the second phase, under section 402(p)(5) and (6), EPA was
required to conduct a study to identify other stormwater discharges
that needed further controls to protect water quality, report to
Congress on the results of the study, and to designate for regulation
additional categories of stormwater discharges not regulated in Phase
I. EPA promulgated the Phase II rule on December 8, 1999, designating
small MS4s in Census Bureau-defined urbanized areas and small
construction sites (1-5 acres) and requiring NPDES permits for these
discharges. 64 FR 68722.
With respect to MS4s, the Phase I regulations are primarily
application requirements that identify components that must be
addressed in permit applications from large and medium MS4s. The
regulations require these MS4s to develop a stormwater management
program (SWMP), track and oversee industrial facilities regulated under
the NPDES stormwater program, conduct monitoring, and submit periodic
reports. Under the Phase II rule, regulated small MS4s are generally
defined as any MS4 that is not already covered by the Phase I program
and that are located within the urbanized area boundary as determined
by the U.S. Decennial Census. Separate storm sewer systems such as
those serving military bases, universities, large hospital or prison
complexes, and highways are also included in the definition of ``small
MS4.'' 40 CFR 122.26(b)(16). In addition, a small MS4 located outside
of an urbanized area may be designated as a regulated small MS4 if the
NPDES permitting authority determines that its discharges cause, or
have the potential to cause, an adverse impact on water quality. See 40
CFR 122.32(a)(2), 123.35(b)(3).
Phase II stormwater regulations also require that the MS4, under
the permit, implement stormwater management programs (SWMPs), and
require that the SWMPs include six minimum control measures. The
minimum control measures are: Public education and outreach, public
participation and involvement, illicit discharge detection and
elimination, construction site runoff control, post construction runoff
control, and pollution prevention and good housekeeping. Regulations
applicable to Phase II MS4 permits are found in 40 CFR 122.30-122.37.
In general, Phase II MS4 permits are general permits, although small
MS4s may apply for individual permits under the Phase I rule's
application provisions in 40 CFR 122.26(d).
Under section 402(p)(6), EPA is authorized to designate additional
stormwater discharges to be regulated other than those already
regulated, and to establish a comprehensive program to regulate them.
In addition, under EPA's stormwater regulations, EPA (or States
authorized to administer the NPDES program) may require NPDES permits
for currently unregulated stormwater discharges by designating
discharges pursuant to 40 CFR 122.26(a)(9)(i)(C) or (D).
III. Input on Preliminary Considerations for Modifying/Supplementing
EPA's Stormwater Regulations in the Chesapeake Bay Watershed
By today's notice, EPA is informing the public of its preliminary
considerations for modifying or supplementing EPA's stormwater
regulations to specifically address stormwater discharges in the
Chesapeake Bay Watershed and soliciting public input on these
considerations. EPA is accepting information during the listening
sessions and/or by submission of written comments as described above in
order to gain early public input on stormwater practices and
regulations and to inform the stormwater rulemaking. The following are
options that EPA is considering for strengthening the stormwater
requirements and for which EPA seeks input. These options are not
mutually exclusive and may be considered in combination.
Option 1: Designate Additional Discharges to be Regulated.
Stormwater discharge from large areas of impervious cover can be a
significant contributor to water quality impairments in the receiving
waters. As part of the national rulemaking effort, EPA is considering
regulating additional discharges that are not currently regulated, but
are causing and/or contributing to the degradation of water quality in
the Chesapeake Bay watershed. This option could be achieved in various
ways: Expanding the area of coverage for currently regulated MS4s,
regulating currently unregulated MS4s, and designating discharges that
do not flow through MS4s, including those that discharge to waterbodies
directly. EPA is considering the need to further expand the scope of
discharges regulated in the Chesapeake Bay watershed beyond those that
would be regulated as part of the national rulemaking effort. EPA
requests input from the public on (1) How to identify the appropriate
jurisdictional boundaries for permit coverage, including the township,
county, sewer district, or others; (2) how to identify areas within the
Chesapeake Bay watershed that should be covered based on development
pressures and to protect water quality; and (3) whether EPA should
consider regulating stormwater discharges from particular types or
sizes of development that are not covered by an MS4 permit.
Option 2: Require Additional Chesapeake Bay-only MS4 Provisions.
EPA is considering adding new minimum measures or more specificity to
the six existing minimum control measures to reduce the discharge of
pollutants. The additional minimum measures could include requiring
controls related to turf management, pesticide usage, fertilizer usage,
and buffer widths. These additional minimum measures could be applied
to all MS4s, to selected MS4s using a tiered approach based on the size
of the MS4, or focused in those subwatershed or tributaries where these
additional controls that are determined to be necessary to protect
water quality. More specificity of the minimum control measures could
include considerations for nitrogen, phosphorus and sediment, to
strengthen the stormwater management programs in the Chesapeake Bay
watershed and to further the implement of the Chesapeake Bay TMDL.
Option 3: Require Retrofitting of Stormwater Management Controls
with Improved Stormwater Control Measures. EPA is considering adding a
requirement that would make retrofitting structural stormwater controls
mandatory for existing development that discharges through an MS4 and/
or for large-scale development that does not discharge through an MS4.
In its national stormwater rulemaking, EPA is considering a retrofit
component that would apply nationally to MS4s. However, EPA seeks
public input on whether to consider establishing either more stringent
requirements for MS4s in the Chesapeake Bay watershed or a specific
retrofit provision for discharges
[[Page 62362]]
that discharge directly to waterbodies within the Chesapeake Bay
watershed. Additionally, EPA requests information related specifically
to stream and floodplain restoration as well as buffer requirements so
that the rulemaking can address the physical impacts of stormwater to
streams to improve overall stream functionality.
Option 4: Establish New and Redevelopment Standards. As part of the
national stormwater rulemaking, EPA is considering a number of options
to improve stormwater quality through standards for newly developed and
redeveloped sites. In the Federal Register Notice published December
28, 2009, EPA had requested comments on what standard(s) could be
applied to new development and redevelopment that would promote
sustainable practices and mimic natural processes through (1)
Infiltration and recharge, (2) evapotranspiration, and/or (3)
precipitation harvesting and reuse. With respect to the Chesapeake Bay
watershed, EPA is considering whether to set distinct parameters to
these standards for discharges from newly developed and redeveloped
sites. For example, if EPA promulgates a rule with a national standard,
one option could be to apply that standard to more sites than would be
regulated under a national rule, such as sites smaller than the minimum
size that may be specified in the national rule. Another option could
be a Chesapeake Bay watershed-specific performance standard that
differs from the national standard.
IV. Environmental Justice Considerations
As part of the listening sessions, EPA will also address
environmental justice considerations and potential impacts that may
arise as a consequence of the Chesapeake Bay watershed provisions under
consideration in the new rulemaking. Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal executive policy on
environmental justice. Its main provision directs federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Environmental justice is the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help achieve EPA's goals for environmental justice, EPA
places particular emphasis on the public health of and environmental
conditions affecting minority, low-income, and indigenous populations.
EPA solicits comment for these preliminary Chesapeake Bay watershed
specific provisions to assess whether they will have a
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. The Agency plans to
discuss ways that local communities can identify areas of concern and
incorporate ``low impact development'' (LID) or ``green
infrastructure'' practices into their stormwater management regimes.
These practices, such as rain gardens, bioswales, green roofs, and
pervious pavements, use infiltration, evapotranspiration, and
stormwater capture and reuse to maintain or restore natural
hydrologies, in order to lessen the environmental impacts of stormwater
and improve public access to clean waters to improve livability. EPA is
working with all stakeholders to strengthen its stormwater program and
support communities in efforts to restore and maintain their urban
waterbodies. Priorities for this effort include helping communities--
especially underserved communities--access, improve, and benefit from
their waters and the surrounding land.
EPA requests that participants in the listening sessions'
environmental justice component share their ideas on the following
questions focusing on stormwater issues:
Stormwater Benefits and Challenges--What do you see as
effective and ineffective strategies for managing stormwater in
communities?
Federal Government Role--How can the federal government be
a more effective partner in helping to manage stormwater in your
community?
Tools--What additional tools and resources would help your
efforts to successfully address the impact of stormwater in your
community?
Dated: October 1, 2010.
Deborah Nagle,
Associate Director Water Permits Division.
[FR Doc. 2010-25318 Filed 10-7-10; 8:45 am]
BILLING CODE 6560-50-P