The Construction The Construction ELGs and the ELGs and the

Chesapeake Bay Chesapeake Bay TMDL - TMDL -

Their Potential Their Potential Impacts on Home Impacts on Home

BuildersBuildersGlynn Rountree, NAHBGlynn Rountree, NAHBJuly 16, 2009 July 16, 2009

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OutlineOutline ((Don’t Shoot the Messenger!)Don’t Shoot the Messenger!)

The Construction & Development Effluent Limitation The Construction & Development Effluent Limitation Guidelines (C&D ELGs)Guidelines (C&D ELGs) Due out by December 1, 2009Due out by December 1, 2009 First new court case on the subject will be filed soon afterFirst new court case on the subject will be filed soon after

The Chesapeake Bay Total Maximum Daily Loads The Chesapeake Bay Total Maximum Daily Loads (TMDL) Rule(TMDL) Rule Expected to be proposed in the summer of 2010Expected to be proposed in the summer of 2010 Chesapeake Bay restoration began in 1983 – public still waitingChesapeake Bay restoration began in 1983 – public still waiting Inspired the recently proposed stormwater permit from VA DCR Inspired the recently proposed stormwater permit from VA DCR

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Effluent Limitation Effluent Limitation Guidelines (ELGs)Guidelines (ELGs)

EPA is under a court order to EPA is under a court order to develop ELGsdevelop ELGs

Technology standard Technology standard that sets a that sets a baseline for construction site control baseline for construction site control practicespractices

ELGs will be adopted into State ELGs will be adopted into State NPDES permits NPDES permits

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What is EPA Proposing?What is EPA Proposing? Erosion and Sediment ControlErosion and Sediment Control

Minimize disturbance and soil compactionMinimize disturbance and soil compaction Buffers around surface waters, etc.Buffers around surface waters, etc. Vegetated buffer Vegetated buffer outsideoutside of silt fence of silt fence Treat discharges from dewatering, etc. Treat discharges from dewatering, etc.

Pollution Prevention MeasuresPollution Prevention Measures Sediment Basin RequirementsSediment Basin Requirements

Drain 2-yr, 24-hr storm over a 72-hr periodDrain 2-yr, 24-hr storm over a 72-hr period Numeric Turbidity Standard for some sitesNumeric Turbidity Standard for some sites

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Numeric Turbidity Limit Numeric Turbidity Limit

Turbidity limit of 13 NTUs applies to Turbidity limit of 13 NTUs applies to sites of 30+ acres with R-factor ≥50 sites of 30+ acres with R-factor ≥50 and ≥10% clay content for all and ≥10% clay content for all discharges up to the 2-year, 24-hour discharges up to the 2-year, 24-hour stormstorm

Technology basis is chitosan-Technology basis is chitosan-enhanced sand filtration – an “Active enhanced sand filtration – an “Active Treatment System” Treatment System”

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Applicable Areas for the Applicable Areas for the Turbidity Limit Turbidity Limit

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TimelineTimeline

Comment Period ended on February Comment Period ended on February 26, 200926, 2009

Final Rule will be published in FR on Final Rule will be published in FR on December 1, 2009December 1, 2009

EPA and states must incorporate EPA and states must incorporate requirements into the permits within requirements into the permits within 5 years of effective date 5 years of effective date

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Comments to EPA Comments to EPA

NAHB comments were over 260 pagesNAHB comments were over 260 pages 20 states and 60 local government 20 states and 60 local government

entities commented to EPA on the rule entities commented to EPA on the rule Many other interested groups presented Many other interested groups presented

comments comments Environmentalists (NRDC/Waterkeepers) Environmentalists (NRDC/Waterkeepers)

want a 200 NTU limit for sites < 30 acres want a 200 NTU limit for sites < 30 acres and 13 NTU for sites > 30 acres, and and 13 NTU for sites > 30 acres, and post- construction controls post- construction controls

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Cost Comparison Between EPA Cost Comparison Between EPA Option 2 and The NAHB Option 1 Option 2 and The NAHB Option 1

and 2Aand 2AConstruction and Development Construction and Development

ELGELGJuly 10, 2009July 10, 2009

Option National Annual Cost

National Cost/Acre

National Cost/House

NAHB Option 1Enhanced BMPs

$438,930,937

$1,299 $520

EPA Option 213 NTU NEL

$7,218,349,658

$24,211 $10,000

NAHB Option 2A1000 NTU Action Level

$511,901,086

$1,516 $600

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PausePause

NAHB and allies are still meeting NAHB and allies are still meeting with EPA and providing input on the with EPA and providing input on the ELGsELGs

Questions on the C&D ELGs?Questions on the C&D ELGs?

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The Chesapeake Bay The Chesapeake Bay TMDLTMDL

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Historical ContextHistorical Context 1983 Bay agreement signed for regional cooperation - 1983 Bay agreement signed for regional cooperation -

federal money was federal money was justjust out of reach in 1983 out of reach in 1983 1987 agreement described the Bay as a “National 1987 agreement described the Bay as a “National

Treasure” and federal money begins to roll inTreasure” and federal money begins to roll in Other estuaries around the US learn quickly, institute their Other estuaries around the US learn quickly, institute their

own cleanup programs and they get federal $ tooown cleanup programs and they get federal $ too 2000 agreement pledged to “restore” the Bay by 20102000 agreement pledged to “restore” the Bay by 2010 2009 agreement pledges to restore the Bay by 2025 2009 agreement pledges to restore the Bay by 2025

(kind of, you may not be able to see it)(kind of, you may not be able to see it) The public is not happy with this history of The public is not happy with this history of

regulatory failureregulatory failure

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Why this Rule is Why this Rule is DifferentDifferent

Expected to be Expected to be veryvery stringent – nitrogen and phosphorus stringent – nitrogen and phosphorus reductions of nearly 80% beyond the existing rate of reductions of nearly 80% beyond the existing rate of reductions to be required, no info on sediment reduction reductions to be required, no info on sediment reduction requirements yet requirements yet

Covers a watershed of 64,000 square milesCovers a watershed of 64,000 square miles States expect to put forth the “Maximum Extent States expect to put forth the “Maximum Extent

Feasible” effort to meet the rule Feasible” effort to meet the rule An “Independent Evaluator” will monitor the progress of An “Independent Evaluator” will monitor the progress of

each state to meet their implementation plan for the ruleeach state to meet their implementation plan for the rule ““Reasonable Assurance” that nonpoint sources will meet Reasonable Assurance” that nonpoint sources will meet

their goals under the TMDL their goals under the TMDL May 12 Executive Order sets up a Federal Leadership May 12 Executive Order sets up a Federal Leadership

Committee for the Bay ProgramCommittee for the Bay Program

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EPA’s TMDL Proposals EPA’s TMDL Proposals Impacting Home Impacting Home

Builders Builders ■ ■ An “aspirational goal” of “no-discharge” development using An “aspirational goal” of “no-discharge” development using

LID or ESD designsLID or ESD designs

■■ Proposed that each urban area retrofit 20% of its impervious Proposed that each urban area retrofit 20% of its impervious surfaces during each permit cycle (5 yrs) using LID and surfaces during each permit cycle (5 yrs) using LID and ESD approaches (high cost to redevelopment in urban areas)ESD approaches (high cost to redevelopment in urban areas)

■ ■ Proposed that all new and failed residential septic systems Proposed that all new and failed residential septic systems install denitrification systems (~ $8 - 12,000 per system) install denitrification systems (~ $8 - 12,000 per system)

■ ■ The Bay TMDL will become part of state and local The Bay TMDL will become part of state and local stormwater permits in the Bay watershedstormwater permits in the Bay watershed

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Chesapeake Bay TMDL Chesapeake Bay TMDL ScheduleSchedule

Summer 2009: Develop Implementation Plan guidelines; present Summer 2009: Develop Implementation Plan guidelines; present draft guidelines to Principal’s (Governor’s) Staff Committeedraft guidelines to Principal’s (Governor’s) Staff Committee

Summer/Fall 2009: Bay TMDL Public MeetingsSummer/Fall 2009: Bay TMDL Public Meetings Fall 2009: Region 3 Administrator distributes letter with Fall 2009: Region 3 Administrator distributes letter with

Implementation Plan guidelines; training for jurisdictions on Scenario Implementation Plan guidelines; training for jurisdictions on Scenario BuilderBuilder

Fall 2009: Basin-Jurisdiction Loading TargetsFall 2009: Basin-Jurisdiction Loading Targets Fall 2009 – Spring 2010: Implementation Plan development and Fall 2009 – Spring 2010: Implementation Plan development and

verificationverification Summer 2010: 90-day public comment period for Draft TMDL and Summer 2010: 90-day public comment period for Draft TMDL and

Draft State Implementation PlansDraft State Implementation Plans Fall 2010: Revise TMDL and Implementation PlansFall 2010: Revise TMDL and Implementation Plans Dec. 2010: Publish Final TMDL and Implementation PlansDec. 2010: Publish Final TMDL and Implementation Plans Post-2010: Evaluate implementation and adapt, adopt contingencies Post-2010: Evaluate implementation and adapt, adopt contingencies

or impose Federal consequences as necessaryor impose Federal consequences as necessary 15

Current Efforts Related Current Efforts Related toto

Water Quality Trading Water Quality Trading EPA has developed an Interstate Water EPA has developed an Interstate Water

Quality Trading Workgroup for the Quality Trading Workgroup for the Chesapeake BayChesapeake Bay

Another large water quality trading effort Another large water quality trading effort is beginning for the Ohio River Basinis beginning for the Ohio River Basin

Water quality trading has been beneficial Water quality trading has been beneficial for a limited number of developers - but, for a limited number of developers - but, with funding, language might be with funding, language might be developed to make trading more beneficial developed to make trading more beneficial to a greater number of developersto a greater number of developers

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Current Home Builder’s Current Home Builder’s Efforts Related to the Efforts Related to the

RuleRule■ ■ A contractor for the Harrisburg, PA HBA A contractor for the Harrisburg, PA HBA

is reviewing the computer modeling done is reviewing the computer modeling done for the rule and will share resultsfor the rule and will share results

■ ■ On May 29, NAHB briefed the CEQ on On May 29, NAHB briefed the CEQ on concerns related to the developing TMDLconcerns related to the developing TMDL

■■ NAHB workgroup monitoring NAHB workgroup monitoring developments and will submit comments developments and will submit comments to the proposed ruleto the proposed rule

■■ NAHB outreach to other affected NAHB outreach to other affected industries has had limited success in industries has had limited success in raising the visibility of the rule raising the visibility of the rule

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Take-Home MessagesTake-Home Messages Home builders not already familiar with LID Home builders not already familiar with LID

techniques need to get busytechniques need to get busy NAHB will prepare written comments to the NAHB will prepare written comments to the

TMDL proposal next year and seeks volunteers TMDL proposal next year and seeks volunteers who wish to contribute to those commentswho wish to contribute to those comments

Maryland is the learning ground for “no-Maryland is the learning ground for “no-discharge” development and that experience is discharge” development and that experience is critical for NAHB’s comments to the TMDLcritical for NAHB’s comments to the TMDL

We all need to reach out to other affected We all need to reach out to other affected industry sectors to educate them about the rule industry sectors to educate them about the rule

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How to Get More ActiveHow to Get More Active Go to EPA’s Chesapeake Bay website: Go to EPA’s Chesapeake Bay website:

http://www.chesapeakebay.net/

Then click the “Then click the “About UsAbout Us” tab,” tab,

then click the links to “then click the links to “Upcoming CPB Upcoming CPB MeetingsMeetings” to find documents for those ” to find documents for those meetings.meetings.

■■ At your request, you can be added to the At your request, you can be added to the mailing list for a technical committee. You mailing list for a technical committee. You probably cannot become a committee probably cannot become a committee member. member.

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Thank you Thank you

Questions concerning this Questions concerning this presentationpresentation

can be addressed to:can be addressed to:

Glynn Rountree, NAHBGlynn Rountree, NAHBgrountree@nahb.com

202-266-8662 202-266-8662

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