In 2010, EPA reached a settlement with the Chesapeake Bay Foundation and others to develop additional components of a comprehensive suite of strong regulatory actions that EPA has initiated or pledged to take to restore water quality in the Chesapeake Bay and its tributaries. These actions include a more robust application of stormwater quality requirements to all new development, regardless of thresholds set in the Phase 1 and 2 stormwater requirements.
An initial deadline to propose the new comprehensive stormwater rule was set for April 10, 2012. However, EPA has negotiated several extensions to the deadline (the last deadline was June 10, 2013), and EPA now anticipates a December 2013 date for the draft rule. The rule will apply to all areas – not just large and medium sized municipalities, where Phase 1 and 2 stormwater programs are currently in place.
It is EPA’s goal to incentivize redevelopment in urban built-out areas over new development in undeveloped areas, and this rule is expected to reinforce that goal. Stormwater runoff treatment standards are expected to be more restrictive for greenfield development than redevelopment of urban areas. The treatment standard for greenfield development is most likely to mirror the current Phase 2 stormwater treatment requirement to infiltrate the 80th, 85th or 90th percentile storm event, which is around one inch for many areas, depending on a region’s typical rainfall. Lesser stormwater runoff treatment requirements will be required in redeveloped urban areas to reduce urban sprawl. This new rule has been dubbed “Phase 2 lite”.
EPA has also been considering whether to expand the Stormwater Phase 2 programs to encompass areas likely to develop – not just already developed areas. In keeping with a watershed focus, EPA is also considering applying the rule on a watershed basis. The question is not if the stormwater rule will be promulgated; it is how and where it will be applied.
So, what does all of this mean to you? Our approach to development will have to change. We will be incorporating stormwater infiltration practices into our development plans for new development and redevelopment. The success of infiltration practices relies on subsurface conditions at a site, correct design, correct construction techniques, and long term maintenance. Developers will need to engage designers with expertise in soils, vegetation, hydrology and construction techniques so these practices work properly. An infiltration practice can fail quickly if correct construction techniques are not followed during construction, so it is likely that the design professional will be required to oversee construction. And then the infiltration practice owner (developer or property owner) will be required to maintain these structures perpetually. To reduce the long term burden of monitoring and maintaining structural infiltration practices, our future designs will need to address stormwater as an asset and incorporate its reuse into the overall design for irrigation needs and other non-potable uses.
Additional information on the EPA Stormwater rule is available on EPA’s website. If you have questions regarding the implications of these stormwater rules, please feel free to contact Beth Chesson of CEC’s Nashville office at (800) 763-2326.