Bill Penny
Bill Penny

Bill Penny is a Member in the Nashville office of Stites & Harbison. He is a member of the firm's Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. Bill has more than 25 years experience in environmental law. You can contact him at william.penny@stites.com or by phone at 615-782-2308.

Martin Corinne
Corinne Martin

Corinne Martin is an Associate in the Nashville office of Stites & Harbison. She is a member of the Environmental, Natural Resources & Energy Service Group, the Green Industry Practice Group, and the Business Litigation Service Group. cmartin@stites.com or by phone at 615-782-2218.

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PROPOSED EPA STORMWATER RULES WILL HAVE SIGNIFICANT IMPACT ON SMALL BUSINESS: EPA SOLICITS ASSISTANCE

07.21.10 4:37 PM
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The U.S. Environmental Protection Agency (EPA) is inviting small businesses and municipalities to nominate representatives to provide input on a proposed stormwater rule. Click here for detailed information.  EPA has determined that this rule if implemented will have a significant impact on small businesses and small governments.  The rule would strengthen the national stormwater program under the Clean Water Act (CWA) and focus on stormwater discharges from developed sites, such as subdivisions, roadways, industrial facilities, and commercial buildings or shopping centers.

The proposed rules are at 74 FR 68617-68622).  As described in that notice, EPA is considering numerous actions as part of its rulemaking, for example:

·                    Expanding the scope of stormwater discharges regulated under the CWA.   This may mean regulating additional discharges from MS4s, regulating additional discharges from areas served by currently regulated MS4s, and/or regulating discharges from developed sites.

·                    Establishing national standards for stormwater discharges from newly developed and redeveloped sites.

·                    Strengthen existing requirements for discharges from MS4s. 

·                    Revising existing MS4 regulations to set out the requirements for MS4 permits together in one place (as opposed to the separate Phase I and Phase II rules).

·                    Revising the existing MS4 regulations to include requirements for  retrofitting stormwater controls at existing developed sites that discharge to an MS4, and

·                    Including specific regulatory provisions for stormwater discharges in the Chesapeake Bay watershed.

If you are a representative of or a developer or owner of sites such as, but not limited to, subdivisions, roadways, industrial facilities, and commercial buildings or shopping centers and your business is a small business, or you represent or own or operate a small MS4 that may potentially be subject to this rulemaking, you may be eligible to serve as a Small Entity Representative (SER).

 

Selected participants would provide input to a Small Business Advocacy Review panel, which will consist of officials from EPA, the U.S. Small Business Administration and the Office of Management and Budget. The representatives will provide input on how EPA can minimize the potential burden on small entities of the proposed regulation. Nominations must be received by August 4, 2010 by sending a message to RFA-SBREFA@epa.gov or call (202) 564-2855 by no later than August 4, 2010.  

 

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