Two stories on stormwater issues came up this week.
First, three EPA regions have rejected requests for categorical determinations that commercial and industrial developments must install retrofits limiting stormwater runoff. These denials are related to the post-construction rule that has been debated as part of a lawsuit and proposed settlement with the Chesapeake Bay Foundation.
In other stormwater news, we told you last week that EPA promulgated its final rule on guidelines for effluent limitations for construction and demolition. This rule is to put in place the settlement agreement between EPA and the National Homebuilders Association. While It removes the effluent limitations it also clarifies other areas. For example EPA added a definition of “infeasible”. “Infeasible” with respect to this final regulation means,
“not technologically possible or not economically practicable and achievable in light of best industry practices”.