Today, EPA formally proposed revisions to its effluent guidelines for stormwater discharges from construction and development point sources. As we have previously noted, in response to concerns about the basis for EPA’s numeric turbidity standards, EPA had stayed the numeric standards. It is now formally proposing to withdraw them.
EPA also responded to concerns that the rule contains certain exceptions where particular practices are infeasible, but does not define infeasibility. The proposed definition is that:
Infeasible means not technologically possible, or not economically practicable and achievable in light of best industry practices.
EPA is taking comment on this definition (as well as the rest of the proposal). Comments are due by May 31, 3013.
It appears as though EPA has once more responded to legitimate concerns raised by the regulated community, though I doubt that the agency will get much credit for it.