Stormwater Regulatory Update
March 24, 2011 | by: Aislinn Creel, PE, LEED AP
Some of my civil engineering colleagues recently asked me to provide an update on the changing regulations in the stormwater world, because “it seemed like a flurry of activity and then darkness.” Well, we HAVE recently passed quite a few significant milestones, and it will be some time before the next substantial deadlines approach. I can certainly understand why my colleagues perceive darkness as we await the next flurry of deadlines—BUT stormwater professionals are indeed still busy at work behind the scenes.
Let’s start with the recent activity and review the events that transpired at the end of 2010:
September 3, 2010 – Virginia submitted its draft Watershed Implementation Plan (WIP) to the EPA for review and was subsequently warned of serious deficiencies (along with the other six states and the District of Columbia). EPA’s response was that Virginia had work to do, or they would be forced to apply stringent “backstops” to make up the deficiencies.
November 29, 2010 – Virginia submitted its final Phase I WIP to the EPA. The Phase I WIP was required to be aggressive to avoid implementation of EPA’s “backstops” and, as related to urban stormwater, promised to:
Expand the nutrient credit exchange program;
Require Urban Nutrient Management Plans for municipally-owned lands and golf courses;
Place restrictions on non-agricultural fertilizers (P-ban);
Propose BMP retrofits on existing developed lands;
Require a 20% reduction in phosphorus loads (P-loads) for redevelopment; and
Require a load balance for new development (post-developed P-loads not to exceed pre-developed P-loads).
December 29, 2010 – The final Chesapeake Bay TMDL was established.
So, here we are in the middle of February, and it appears things have died down a little. The next round of deadlines don’t start up again until June 1, when the Phase II WIPs are due, and then resurface again in October, when we expect the suspended Virginia Stormwater Regulations to be promulgated.
However, DCR is already working to draft Virginia’s Phase II WIP. The Phase II WIPs are incredibly important to localities, particularly those with MS4 permits, 100 of which are scattered throughout the state (11 Phase I and 89 Phase 2, small MS4s). It is through the Phase II WIP that Virginia will take their broad allocations of nitrogen, phosphorus, and sediment and further break down responsibilities for managing existing loads—this time, from sectors to specific localities and/or watersheds. This summer, the Chesapeake Bay TMDL starts to really hit home, as your locality and mine try to figure out strategies AND funding mechanisms to reduce their allocated waste loads as assigned in the Phase II WIPs.
Also in the meantime, the Regulatory Advisory Panel (RAP) and corresponding subcommittees (assembled by DCR and made up of a diverse community of stakeholders, including private consultants, lawyers, planning districts and local governmental officials) have been diligently meeting. With an internal deadline of March 2011, the RAP and subcommittees have been tasked with revamping the suspended stormwater regulations with a focus on scientifically-based standards. After March, DCR will take the revised suspended regulations back in-house to finalize before putting them out “on the streets” for public comment. The State is determined to have the revised regulations promulgated in October, as ordered, or they could face serious ramifications from EPA, as many of the WIP promises are tightly tied to passage of the revised suspended regulations.
Please stay tuned for forthcoming updates!