Agenda - Public Works Committee - 01/21/2003

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NPDES Phase II Cost Estimates Andrew J. Reese, P.E. Ogden Environmental and Energy Services, Inc. 3800 Ezell Rd., Suite 100, Nashville, TN, 37211 Introduction The United States Environmental Protection Agency (EPA) has published .final rules expanding the existing stormwater NPDES permil~ting program to smaller cities and other urban areas throughout the United States. Due both to external pressures and directives from the current and past administrations, EPA is conscious of attempting to make the current stormwater NPDES program "cost-effective." For example: "EPA believes this rule will cost significantly less than the existing 1995 rule that is currently in place, and will result in significant mor~etized financial, recreational and health benefits, as well as benefits that EPA has been unable to monetize, including reduced scouring and erosion of streambeds, improved aesthetic quality of waters, reduced eutrophication of aquatic systems, benefit to wildlife and endangered and threatened species, tourism benefits, biodiversity benefits and reduced siting costs of reservoirs." "... the Agency recognizes the continuing imperative to assure that environmental regulations accomplish statutory objectives in the least burdensome and most cost- effective fashion. As explained further in this preamble, the form and substance of NPDES permits to address the sources designated in today's proposal would provide greater flexibility for the newly covered sources than the existing "standard"' NPDES permit." While the "benefit" side of the proposed regulations exists in the realm of gross estimates, the "cost" side is also filled with unknowns. What will the mandated and negotiated stormwater program cost a local community? Are there ways to reduce costs? What should a local community be doing now to prepare for this regulatory program? This paper seeks to address these related questions. The final r'egulations were published on December 8'h, and the changes from the draft regulations are only minor. But it is still not possible to say what the regulations will cost everyone in toto. This is so because: · there is great flexibility inherent in the regulations to create a stormwater quality program tailored to meet an individual community's needs and situation; · each permit writer has preferences and "hot buttons" that will color what any particular program will look like; and . · each community setting is different in terms of climate, topography, pollutants of concern, and current condition Of local waters. Basic Approach to Permitting Under proposed § 123.35(g), an NPDES permitting authority issues a general permit to authorize stormwater discharges from regulated small municipal separate storm sewer systems, The NPDES permitting authority will also provide a menu of regionally appropriate and field-tested Best Management 29