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Home My WebLink About1993-06-22 - AGENDA REPORTS - HR 1581 STORMWATER IMPROV ACT (2)AGENDA REPORT City Manager Item to be CONSENT CALENDAR DATE: June 22, 1993 SUBJECT: HR 1581 - The Stormwater Discharge Improvement Act DEPARTMENT: City Manager BACKGROUND On April 1, 1993, Representative Elton Gallegly Introduced HR 1581 relating to stormwater discharge Improvement and pollution prevention.. The bill is currently In the House Committee on Public Works and Transportation. This bill was Introduced to revise the current permit requirements that municipalities and industries face In order to discharge stormwater. The current permit system Is rigid and may ultimately require the construction of new facilities to manage and treat the discharges. Recent cost estimates put the final price tag for new facilities at over $500 billion. The permit reforms Introduced In HR 1581 are Intended to protect local communities from the cost and burden of building these new facilities. If enacted the bill would require the federal Environmental Protection Agency (EPA) to rewrite the current permit program by October 1, 1997. Further, treatment of stormwater could not be ordered until after October 1, 2000. An exemption from permit requirements will be provided for permittees who develop an approved comprehensive plan to prevent stormwater pollution (Community Development Is currently working on a prevention plan). Smaller facilities, with minimal environmental effect would also receive exemptions from any permit requirement. Finally, the EPA would be required to establish an advisory group of local elected officials to ensure that the regulations make the program more simple, flexible and cost-effective. Council support HR 1581 and direct staff to transmit statements of support to Representatives McKeon and Gallegly, the House Committee on Public Works and Transportation, the League of California Cities, Contract Cities and the Independent Cities Association. ATTACHMENTS (2) KFE/92 Agenda Item: KTON GALLEGLY 223RD DISTRICT CALIFORNIA 2AA I RAYBURN BUILDING WASHINGTON. DC 20S16-0523 120,21225-5811 300 ESPLANADE DRIVE SUITE 1800 OXNARD. CA 93030-1262 18051:85-2300 18001 423-0023 Congre55 of the 'aniteb �btate5 �)ou5e of Rrpre5entatibe5 Rimbington, DC 2051 May 26, 1993 Mr. Paul Richards, President Independent Cities Association 14156 Magnolia Blvd.. #103 Sherman Oaks, CA 91423 Dear Mr. Richards: CO..ITYEES JUDICIARY 5UOCOMMI"EES ECONOMIC AND COMMERCIAL '.aw "T Te9NSTIONAL :AM' I..IGRAnOx AND REFUGEES FOREIGN AFFAIRS SUBCOMMITTEES ROPE AND THE MIDDLE EAST YvEEITE.N NE.ISF.ERE AFFAIRS ^�a a• _y Vr RESOURCES SULPR ANO ATIONALAFFAI RANKING )PITY Mf.8ER Thank you for informing me of your support for increased use of natural gas as an alternative to other fuels. This is a source of energy that is both plentiful and clean. Our region would certainly benefit from the improvements in air quality and economic stimulus that would accompany greater reliance on natural gas. For this reason, I am working with my colleagues in Congress to increase the funding for natural gas research, development and demonstration projects through the Department of Energy. I'would also like to inform you of legislation that I have introduced to assist the communities represented by your association. As you are well aware, the federal government has required that all municipalities apply for permits to manage stormwater discharges. The costs that have been imposed by this program so far have been significant; they are nothing, however, compared to what may be required to actually treat the discharges in the future. One estimate, prepared by the Southern California*Chapter of the American Public Works Association,. predicts that the. national cost could total over.$500 billion! I recently introduced H.R.1581, the Stormwater Discharge Improvement and Pollution Prevention Act, which proposes_significant modifications to the current program. I believe that change_is needed to make every effort to prevent pollution_ rather than sadd ing cities with unrealistic requirements to return runoff to a pristine state. I have enclosed an explanation and copy of the bill for your further information. Your comments on roposal would be most welcome. Si cerely, ELTON GALLEGLY EG:dwg Member of Congress Enclosure TORMWATER DISCHARGE IMPROVEMENT AND POLLUTION PREVENTION ACT OF 1993 H.R.1581 As part of the National Pollution Discharge Elimination System, municipalities and industries are required to obtain permits to discharge stormwater. This permit program is in the process of being implemented and -will ultimately -require -the construction of —. - new facilities to mana eand isative r_ _ _ u __treat_ discharges nless a leglemed t sta y before the House tPublic Works ne tCommittee, putsnthe ultimate price tag at over $500 billion (Doug Harrison, California Stormwater Task Force). H.R.1581 will require that this unfunded federal mandate be significantly revised to protect: local co - - __..____ - muntties from the unrealistic_ costs of implementing the program. -- OVERVIEW I. EPA is directed to rewrite the program by October 1, 1997, to incorporate certain mechanisms to -increase flexibility and allow more cost-effective ways to comply. Pending applications or existing permits may be amended to comply with the new regulations. To protect applicants, no permit may be enforced until after October 1, 1997, or until the regulations are effective, whichever is later. II. Treatment: Because of the overwhelming costs associated with this requirement, no treatment of stormwater can be ordered until after October 1, 2000. In order to focus scarce,resources more efficiently, a permittee who dempinna an comprehensive plan to revent stormwater Pollution �al be exem Pities man requirement to ni d expensive treatmenr III. Exemptions: requirements if iA specific facility may be exempt from permit expected to have t' is relatively insignificant in size, or can be a minimal environmental impact or if mitigation efforts are being made to prevent pollution.of discharge. the stormwater IV. Local input: EPA is required to establish an advisory group Of local elected officials to ensure that the regulations developed make the program more simple, flexible and cost- effective. 103D CONGRESS IST SESSION He R• Q 8 To amend the Federal Water Pollution Control Act to provide for the modi- fication of permitting requirements for discharges composed entirely of IN THE HOUSE OF REPRESENTATIVES APRIL 1, 1993 Mr. GALLEGLY introduced the following bill; which was referred to the Committee on Public Works and Transportation A BILL To amend the Federal Water Pollution Control Act to pro- vide for the modification of permitting requirements for discharges composed entirely of stormwater. 1 Be it enacted Lai the Senate and House of Representa- 2 tines of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Stonmwater Discharge 5 Improvement and Pollution Prevention Act of 1993". 6 SEC. 2. STORMWATER DISCHARGES. 7 Section 402(p) of the Federal `Vater Pollution Con - 8 trol Act (33 U.S.C. 1342(p)) is amended by adding at the 9 end the following new paragraph: 1 : "(7) -MODIFICATION OF, PER.IIITTING REQUIRE - 2 \IENTS.- 3 "(A) IN GENERAL.—Not later than Octo- 4 ber 1, 1997, the Administrator shall issue regu- 5 lations modifying permit application require- _ments established under this subsection for the 7 following purposes: 8 "(i) COMPREHENSIVE POLLUTION 9 PRE`-ENTION PLANS.—To provide that a 10 person who is issued a permit under this 11 section for discharges composed entirely of 12 stormwater will be considered to have sat - 13 isfied any requirement contained in such 14 permit (and any other requirement of this 15 _ Act) for treatment of such discharges if 16 such person implements institutional and 17 nonstructural source controls of pollutants 18 under a comprehensive pollution prevention 19 plan. Any such plan shall be approved by 20 the Administrator or the State (in the case 21 of a permit program approved under sec - 22 tion 402 of this Act) in accordance with 23 criteria and procedures established by the 24 Administrator. ' •aR 1581 a1 rel 11 12 13 14 15 16 17 18 19 20 21 22 23 M1 •sx I!S! M 3 • EMNIPTIONS.—To establish gro- under which a .facility may be ex - Om all permitting requirements under this section for discharges composed entirely of stormwater if the person con- trolling the facility can demonstrate any of the following: "(I) That the facility is relativelv r insignificant in size. - "(II) That stormwater discharges from the facility can be expected to have a minimum environmental im- pact. "(III) That mitigation efforts are being implemented to prevent pollut- ants fr om entering stormwater dis- charges from the facility. "(iii) EMSTING PERMITS.—To provide for the modification of existing permits and permit applications under this section for discharges composed entirely of stormlvater to conform with modifications to permit application requirements under this paragraph. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 IN 18 19 20 2I 22 23 24 25 4 "(B) APPLICABILITY OF EMSTING RE- QUIRENENTS.—Notwithstanding any other pro- vision. of this subsection, the. Administrator or the State (in the case of a permit program.ap- .proved under section 402 of this Act)— "(i) shall notsequire_a–permit--under-- this section, or enforce any provision of an e fisting permit, for discharges . composed entirely of stormwater before the effective date of regulations to be issued under sub- paragraph (A); and "(ii) shall not issue a .permit under this section, or enforce any provision of an existing permit, which requires, before Oc- tober 1, 2000, the treatment of discharges composed entirely of stormwater. "M ADVISORY GROUP.—The Adminis- trator shall establish an advisory group .to as- sist the Administrator in developing regulations under this paragraph and to ensure that such regulations are simple, flexible, and cost-effec- tive. Such advisory group shall include local elected officials from municipalities representing the size and geographic diversity of municipali- ties which will be subject to such regulations. •HIM 1581. In 5 1 "(D) EFFECTIVE 'DATE.—Regulations is - 2 sued pursuant to this prli•agraph shall not take 3 effect before October 11_ 1997.2 . 0 •HR 1581 IH