Legislative Update for the Green Industry

ALABAMA:

The Department of Environmental Management will hold public hearings Dec. 6 and 9 to revise its rules to incorporate EPA Phase II stormwater permitting requirements. EPA Phase II stormwater permitting requirements require operators of construction sites that disturb one acre or more of land to obtain a National Pollutant Discharge Elimination System (NPDES) permit prior to construction. The revisions would make Alabama rules consistent with federal EPA Phase I and II Stormwater permit regulations.

MARYLAND:

On Oct. 28, Gov. Glendening issued Executive Order 20, which continued the drought emergency for the central region of Maryland and declared a drought emergency for the eastern region. Level Two mandatory water use restrictions are now in place for counties in these two regions. The order directs that mandatory water use restrictions already in place remain in force.

MONTANA:

The Department of Environmental Quality is working on two-part rulemaking to update its stormwater rules to make them easier for the regulated community to locate and to understand. First, DEQ is creating new stormwater rules that will conform to EPA Phase II rules, which require NPDES permits for construction activities that result in the total construction-related disturbance of at least one acre. Second, DEQ is combining its existing EPA Phase I rules and the new EPA Phase II rules together in a new subchapter of the Montana Administrative Rules. DEQ will hold a public hearing on Nov. 18; public comment will be accepted until Nov. 27.

NORTH CAROLINA:

On Oct. 23, Gov. Easley signed H.B. 1215, a bill to conserve water and promote green energy in the state. Highlights of H.B. 1215 include:

- Environmental Management Commission (EMC) must adopt rules governing water conservation and water reuse during drought and water emergency situations in consultation with water users and advocacy groups.

- Rules developed by EMC will establish minimum standards and practices for water conservation and reuse for all classes of water users.

- Department of Environment and Natural Resources must evaluate current water conservation measures in the state and identify incentive and voluntary programs to help foster water conservation and reuse.

- Local governments must evaluate their efforts to conserve water.

- State agencies must reduce water consumption by at least 10 percent.

AGENCY UPDATE:

EPA proposes regulatory options to address stormwater discharges from construction sites.

EPA has proposed three regulatory approaches to reduce the amount of sediment discharge from construction sites. The first approach would establish an effluent guideline for construction sites covered by Phase I stormwater regulations (5 acres and greater disturbed) and have to apply for NPDES permits. The effluent guideline approach would specify the design criteria for the runoff controls and includes site inspection and certification requirements. The second approach would apply to all construction sites (one or more acres of disturbed land) that require NPDES permits. Additional inspection and certification requirements also apply. The third option would rely on effective implementation of existing stormwater regulations and would not establish new requirements. EPA will accept public comment until Dec. 23.

This author is the legislative analyst for the Golf Course Superintendents Association of America.