R-1998-02 - Laserfiche WebLink

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e . CG@~v SCHEDULE RULE · Notice of Proposed Rulemaking - January 9, 1998 · Public Hearing on Proposed Rule (Dallas) - March 4, 1998 · Deadline for Commenting on Proposed Rulemaking - April 9, 1998 · Notice of Final Rulemaking - l\tlarch 1, 1999 APPLICA nON · Industrial-Type Facilities Owned by Cities< 100,000 - August 7, 200 I · Automatically Designated Small MS4s - May 31, 2002 · Potentially Designated Small MS4s (population> 10,000/Density > 1,000) - Within 60 days of notice · Other Small MS4s, if designated - Within 180 days of notice · Construction on Sites less than Five Acres - May 31, 2002 REPRESENTATIVE ISSUES OF CONCERN · Nationwide automatic designation of Small MS4s without any direct link to known water quality problems. · Use of NPDES permit program rather than a state developed storm water management program. · NPDES Delegation - (1) waiver of 10 th Amendment rights; (2) TNRCC's lack of authority to issue general permits for MS4 discharges. · Costs - EP A appears to be underestimating costs associated with MS4 permits. EP A not accounting for additional costs associated with low-density development for water and wastewater service, street maintenance, drainage system maintenance, fire protection, and police protection. · Violates lOth Amendment because it compels local governments to use their governmental powers to implement EPA's regulatory program. · Cities could be liable for permit violations if they fail to enforce EP A's construction site regulatory program to EP A's satisfaction. · Post-construction controls to "attempt to mimic pre-development runoff conditions" could violate the 10th Amendment, and may be difficult and costly to achieve. · EPA has failed to adequately comply with the Unfunded Mandates Reform Act of 1995 by failing to adopt the most efficient and least burdensome alternative. H:ITcnan.IM&:F ClicnlSll 5 /7IHandcu, PO ..-pel 3 VSJ98