Environmental groups are challenging the permit based on the multi-decade compliance period, failure to include enforceable water quality based effluent limits to control phosphorus and other pollutants, and EPA’s failure to require MEP by not requiring implementation of low impact development green infrastructure to control stormwater runoff. Industry and other groups are also challenging the permit because it requires newly developed properties to choose between incorporating technology to retain stormwater on-site or greatly reducing sediment and nutrient runoff from their land, negates the traditional 402(p) iterative approach for stormwater permits, presumes discharges to impaired waters “cause or contribute” to a violation of WQS, was not properly justified with site-specific data, far exceeds EPA’s authority under the CWA, and that EPA’s use of MEP in this permit is unconstitutionally vague.
ms4permit-20161028
