Your HBA as working for you in Washingting (here is how)

(September 20, 2017) Ever wonder what your Home Builders Association is doing for you in Washington DC and around the country?  Below is a report of the issues on which we are engaged:

1. Canadian Softwood Lumber

• The U.S. Department of Commerce imposed a 20% countervailing duty on Canadian lumber imports in April, and added 7% antidumping duties in June. 
• In late August, Commerce announced a delay in the final duties to Nov. 18. This will allow more time to negotiate a settlement. Collection of countervailing duties is suspended for now, but antidumping duties will continue to be collected. 
• NAHB is meeting with representatives with the Trump Administration and Congress as well as Canadian officials to address home builder concerns regarding price and availability of lumber. 
• These meetings are especially important because U.S. consumers cannot participate in trade disputes, although NAHB provided witness testimony during the International Trade Commission hearing on Sept. 12. 
• Generally, lumber prices have increased, but that may be partly due to wildfires in the Western U.S. and Canada. 
• NAHB is urging U.S. lumber producers to increase production for domestic consumption, and working to identify alternate foreign sources of dimensional lumber. 

2. Disaster Response

• In the aftermath of two devastating hurricanes, NAHB is working closely with state and local home builder associations in those areas to help them meet the needs of members affected by the storms. 
• We sent out an all-member email with information on how to donate to the recovery effort. 
• NAHB issued statements on hurricane-related advocacy. Our leadership conducted media interviews on flood-related topics, including the need for the National Flood Insurance Program (NFIP) reauthorization, building codes, rebuilding efforts and labor shortages. 
• We updated our online Disaster Recovery toolkit with new media talking points and safety information for contractors. 
• We added resources on hiring contractors and places to donate on our consumer Web page. 
• We are creating resources on business continuity; hiring reputable contractors; and best practices for flood damage repair work. 
• We will continue to reach out to the affected communities to see how to help in the rebuilding efforts. 
• With respect to resiliency, our Resiliency Working Group issued its final report and recommendations in July. Many of the recommendations are related to disaster preparedness, resiliency, recovery and communications. 
• The hurricanes have illustrated the importance of disaster response and planning for rebuilding, and the Resiliency Working Group will now help ensure NAHB can be a resource and problem solver after a natural disaster. 

3. Electronic Recordkeeping

• The Occupational Safety and Health Administration’s 2015 electronic reporting rule requires certain employers to electronically submit injury and illness data that they are mandated to keep under existing recordkeeping regulations. 
• The rule also contains anti-discrimination prohibitions to protect workers who notify an employer of a workrelated injury or illness. 
• NAHB has concerns about several elements of the rule, including the requirements for employers to submit records electronically to OSHA that would become publicly available.  In January, NAHB and other stakeholders filed a legal challenge. 
• On May 5, NAHB and other organizations submitted a petition to the Department of Labor (DOL) seeking a stay of implementation and enforcement of the rule, and requested OSHA re-open the rulemaking. 
• In June, OSHA announced it was extending the filing deadline for employers to submit electronic records to December, which would give OSHA more time to review the rule. 

4. Federal Flood Risk Management Standard

• In response to the charge led by NAHB and as part of President Trump’s Executive Order to expedite federal approval for infrastructure projects, the Administration revoked Executive Order 13690 and the Federal Flood Risk Management Standard (FFRMS). 
• Our advocacy efforts included participating in federal listening sessions and meetings; submitting comment letters to federal agencies; and requesting that President Trump revoke it. 
• This standard would have dramatically expanded regulated floodplain areas. 
• However, in response to the hurricanes, the Trump Administration may establish its own flood standard. 
• If the Administration chooses to do so, NAHB will work with the White House to develop an effective standard that does not place undue regulatory burdens on residential construction projects. 

5. Immigration

• The H-2B Temporary Non-Agricultural Worker program allows employers who cannot find local labor for short-term or seasonal jobs to fill those positions with temporary foreign workers. 
• There is an annual cap of 66,000 on H-2B visas issued in a fiscal year, but that cap excluded workers who had participated in the program within three years. 
• That “returning worker exemption” expired in September 2016 and has not been renewed by Congress. 
• In May, Congress approved a spending package for the remainder of FY 2017 that included language allowing the Department of Homeland Security (DHS) to raise the statutory cap for 2017 to allow additional visas. 
• In July, DHS announced it would make 15,000 more visas available, but only to employers who could demonstrate that their business would suffer “irreparable harm” without H-2B workers. 
• The next round of H-2B visas will become available on Oct. 1. NAHB hosted a free webinar to help employers learn if they qualify to apply for H-2B workers and how they can become certified employers under the program. 
• With Congress and the Administration focused on immigration enforcement, the prospect of creating a new guest worker program to benefit builders and specialty trades is highly unlikely. 
• NAHB continues to advocate for restoration of the returning worker exemption while looking for opportunities to expand and reform the H-2B program.

6. Low-Income Housing Tax Credit (LIHTC)

• On Aug. 1, NAHB Chairman Granger MacDonald testified before the Senate Finance Committee on “America’s Affordable Housing Crisis.” The hearing focused on the LIHTC. 
• Chairman MacDonald also discussed how lots and labor shortages, building material price increases and regulations affect housing affordability.

7. National Flood Insurance Program (NFIP)

• The NFIP was extended until Dec. 8 as part of a broader legislative package. 
• During NAHB’s Leg Con in June, builders spoke to their congressional delegations about provisions in the House Financial Services Committee’s flood insurance bill that negatively targeted new construction and grandfathered properties. 
• NAHB was able to convince the committee’s leadership to remove those provisions. 
• After Hurricanes Harvey and Irma, discussions about changing the program were put on hold as policymakers ensured home owners and communities had short-term certainty and financial aid. 
• NAHB will work with Congress on long-term legislation that ensures an affordable, available, predictable and financially stable NFIP.

8. Regulatory Reform

• President Trump has made regulatory reform one of his top priorities, and has asked each agency to evaluate existing regulations and identify ones that should be repealed, replaced or modified. 
• We have submitted recommendations to the Environmental Protection Agency (EPA), Department of Housing and Urban Development (HUD), Federal Emergency Management Agency (FEMA), National Marine Fisheries Service (NMFS), Fish and Wildlife Services (FWS), Department of Justice (DOJ) and Department of Energy (DOE), and will soon submit feedback to the Army Corps of Engineers. 
• NAHB will provide suggestions to DOL, OSHA and others once their notices are published. 
• We will review the 2017 Fall Regulatory Plan and Agenda upon its release and determine if our suggestions were incorporated. 
• The Small Business Administration (SBA) Office of Advocacy is also collecting input on regulatory reform through a series of nationwide Regulatory Roundtables; NAHB has had good representation at all roundtables to date. 
• As part of the Cleveland roundtable, NAHB member George Davis met with SBA officials at one of his construction developments. 
• NAHB will continue its outreach to HBAs and members as additional roundtables are announced. 
• On August 28, NAHB testified before the SBA’s Regulatory Fairness Board about the enforcement activities of federal agencies, particularly EPA and OSHA.

9. Overtime Rule

• Under a new rule that was set to go into effect Dec. 1, 2016, the Obama Administration doubled the annual salary level used to determine whether an employee qualifies for the professional, administrative and executive exemption to overtime eligibility from $23,660 to $47,476. 
• Under the new rule, the salary threshold would also be automatically adjusted every three years. 
• NAHB and many other industry groups challenged the rule in federal court. 
• We contended that DOL went beyond its authority under the Fair Labor Standards Act to allow the salary limit to automatically be re-set every year. The Administrative Procedures Act requires these updates be made through regular notice and comment periods. 
• In a victory for NAHB, a federal judge in Texas issued a preliminary injunction that temporarily barred the implementation of the rule. 
• On Aug. 31, the Texas federal court held the rule was invalid and the three-year automatic increase DOL included was similarly unlawful. 
• DOL’s appeal of the preliminary injunction is now moot and likely to be dismissed.

10. Smart Market Report

• Preliminary findings from them Green Residential Smart Market Report show that green building activity should increase over the next few years. Approximately 60 percent of surveyed builders expect it to be a significant share of their overall activity by 2022. This is nearly double from 2014, when only 32 percent of firms reported that level of green building. 
• Single- and multifamily home builders agree that energy efficiency and healthier indoor environments are key factors in building a green home, and have prioritized these elements in the construction process. 
• The Smart Market report found that ENERGY STAR is more popular in the single-family market while LEED and the National Green Building Standard (NGBS) are more popular with multifamily builders. 
• The Green Residential Smart Market Report is a biannual report released by NAHB and Dodge Data and Analytics (formerly McGraw Hill). The report reviews the history and future of green home construction in the single-family, multifamily and remodeling sectors.

11. Stormwater

• NAHB launched an online toolkit in August to help HBAs advocate for programs that provide a clear path to compliance, reduce redundancy and meet water quality goals. 
• The toolkit provides simple checklists that compare pros and cons of different regulatory approaches based on climate, geography, and local land use patterns. This data will help our members in conversations with state regulators. 
• As part of the toolkit launch, NAHB released A Developer’s Guide to Post-Construction Stormwater Regulation. This report provides a state-by-state breakdown on the top permitting issues affecting builders.

12. Tax Reform

• A team of congressional leaders and Administration officials known as the “Gang of Six” is developing a structure for tax reform, while President Trump is trying to garner nationwide support on the issue. 
• House Speaker Paul Ryan intends to move tax reform this fall. 
• Before Congress can address tax reform, it must pass a budget resolution to set up the procedural process known as reconciliation. This will allow tax reform to pass the Senate with only 50 votes. 
• However, there is growing resistance in the House to passing a budget resolution before members see the Gang of 6’s tax framework. To use the reconciliation process, the House and Senate must pass identical budget resolutions, which will be challenging.

13. Waters of the U.S. (WOTUS)

• On Oct. 11, the U.S. Supreme Court will hear oral arguments on whether the 2015 WOTUS rule should be litigated in federal trial court or the appellate court. 
• NAHB has argued that challenges to the WOTUS rule must be first heard at the trial court. 
• We need this clarity so we do not have to file two lawsuits when we challenge an EPA Clean Water Act regulation. 
• Meanwhile, the EPA plans to use a two-step process to develop a new WOTUS definition. 
• In the first step, the EPA has proposed to withdraw the 2015 WOTUS Rule and revert to the status quo. We expect the agency to finalize the withdrawal by early 2018. 
• The EPA also plans to develop a new WOTUS rule, and will soon take comments on the proposal. 
• NAHB is taking advantage of its unprecedented access to EPA Administrator Scott Pruitt, and is working with the agency on a new rule that is clear and limits jurisdiction of the Clean Water Act consistent with congressional intent. 
• In August, NAHB and the Dallas Builders Association hosted a meeting with Administrator Pruitt in Dallas to voice concerns and offer insight about the new rule. 
• NAHB and the Colorado Association of Home Builders are planning a similar meeting with Administrator Pruitt in Colorado Springs in October. 
• In late October, NAHB will provide recommendations on a revised WOTUS definition at a business-focused in-person listening session at EPA headquarters. 

For more information about these or other Federal government affairs issues, contact Michael Dey (mdey@hbaofgreenville.com).

SC Attorney General Alan Wilson speaks out against new EPA stormwater rules

S.C. Attorney General Alan Wilson

South Carolina Attorney General Alan Wilson spoke out recently in an editorial opposing proposed new regulations by the Environmental Protection Agency and the Army Corps of Engineers that would expand significantly the federal government's control over private property.

Labeled as Waters of the US, the regulation would expand federal jurisdiction of our country's waters from legislatively-approved "navigable waters" to virtually any roadside or farm ditch.

"Studies show that for every $1,000 increase in the cost of home ownership, 650 Americans are priced out of the American dream of owning a home," Wilson wrote. "This is the latest example of the new norm in Washington: unprecedented overreach by unelected bureaucrats who circumvent the legislative process by attempting to regulate what Congress is unwilling or unable to legislate. Whenever regulation increases, personal freedom decreases. These regulations carry great costs to the freedoms and finances of all Americans."

Read the full article in the Daily Caller by clicking here.

Keeping it Clean with Stormwater Management

While the rules regarding how builders and developers need to manage stormwater runoff from their jobsites have been around for more than 20 years, the industry is still getting dinged. That could be because the rules themselves are as clear to some as, well, mud.

Nevertheless, it’s important – both economically and ecologically – to understand state and local requirements and develop a plan to manage stormwater and assemble and maintain proper control measures.

Do You Need a Permit?Stormwater management regulations apply to developers and builders who disturb one or more acre of land. If your jobsite consists of less than an acre but is part of a larger “common plan of development,” then you also must get a state permit, and in some cases a local permit too. Local permits could have erosion and sediment requirements for new construction that apply to sites less than an acre.

Staying in Compliance
If your project requires a permit and you don’t have one, you are taking an expensive chance: Federal penalties of up to $32,500 per violation per day under the Clean Water Act.

Perhaps the most confusing aspect for builders and developers leading to non-compliance is not realizing they need to obtain a permit – and that, in fact, is a common violation. Some builders also assume that their project is covered under a developer’s permit, but that’s not always the case.

Other typical stormwater management violations, according to the Environmental Protection Agency (EPA), include:

• Failure to develop an adequate Storm Water Pollution Prevention Plan (SWPPP)for minimizing the amount of sediment and other pollutants in runoff.
• Failure to install or implement appropriate stormwater controls or best management practices (BMPs) required by the SWPPP. Often, it is because silt fences were not installed in all required areas; BMPs to prevent sediment from entering storm drains were not installed; BMPs to keep dirt from getting tracked off site were not installed at construction entrances; concrete washout basins to prevent concrete from flowing into storm drains were not established; or in some instances portable toilets are placed atop storm drain inlets without BMPs to prevent spills from entering the storm drain.
• Incorrect BMPs installation (for example, silt fences were not properly trenched in or sediment ponds were not completed before grading the site).
• Failure to keep BMPs in effective operating condition (for example, silt fences and storm drain inlet protections were full of sediment and no longer effective, silt fences had fallen down or had holes, construction entrances needed additional rock).
• Failure to adequately or routinely inspect BMPs to ensure proper operation and maintenance.

Doing Our Part
Stormwater management is important because sediment-laden lakes, streams and estuaries can’t support a healthy aquatic habitat. Additionally, nutrients, including phosphorus, attach to sediment and travel downstream, causing algal blooms and decreased oxygen levels. Stormwater controls on construction sites help reduce the impact of sediment and nutrients on our valuable water resources.

Learn more about stormwater management from this helpful EPA publication. You can also look to EPA for information regarding post-construction stormwater management common practices. And for the long-term control of stormwater discharge, low impact developmentprovides an opportunity for builders and developers to do a good turn.

Your Home Builders Association Successfully Amends DHEC Policy on Sediment Basins

In late 2013 the S.C. Department of Health and Environmental Control issued policy guidance on the installation of sediment basins.  The guidance document is designed to be an aid in designing and constructing sediment basins.  Many engineers use the guidance methods in their work for our developer members.

However, as is sometimes the case with generalized guidance, the design guideline worked well in some parts of the state, where soils drain rapidly, but note in the Upstate where the most common soil type is clay.

Your Home Builders Association met with Greenville County and City of Greenville engineering departments, and then with DHEC officials to propose alternatives that are more suitable to the Upstate.  Your Home Builders Association, in consultation with Greenville County Land Development Services, proposed additional language for DHEC's policy guidance document.  After some editing, the guidance document for Sediment Basins now includes the following langage:

Guidance Disclaimer
This is a guidance document and may not be feasible in all situations.  Alternative means and methods for sediment basin design and construction also may be employed.

All means and methods must comply with the DHEC South Carolina NPDES General Permit for Stormwater Discharges from Construction Activities (Permit). Approved means and methods include those published and approved by an MS4 in compliance with the Permit.

In addition, a licensed Professional Engineer may design a sediment basin that, when constructed, accommodates the anticipated sediment loading from the land-disturbing activity and meets a removal efficiency of 80% suspended solids or 0.5 ML/L peak settable solids concentration, whichever is less, while remaining in compliance with the Permit.

Greenville County Land Development Services has published alternative guidance for Sediment Basins, which is available by clicking here.  A copy of DHEC's Sediment Basin Guidance document with the disclaimer above can be viewed by clicking here.

This success is an example of the advocacy efforts that your Home Builders Association works on every day on behalf of our members and the Home Building industry.  Your Home Builders Association's advocacy efforts save our members tens of thousands of dollars in unnecessary development and building expenses each year.

Thank you for being a member of your Home Builders Association and supporting these advocacy efforts on your behalf.

EPA Drops Plans for New Post-Construction Stormwater Rule

In a major win for the home building industry – and common sense – the Environmental Protection Agency (EPA) will jettison plans for a National Post Construction Stormwater Rulemaking, plans that your Home Builders Association repeatedly told the agency would have added onerous, costly and in many cases impractical steps to the residential development process. “It’s been a five-year bureaucratic battle, but we won. That’s a victory for our buyers as well,” said Kevin Kelly, chairman of the National Association of Home Builders and a home builder and developer from Wilmington, Del.

Since EPA first announced its plans in December 2009, HBA staff and members have submitted comments and letters, testified at hearings, served on small-business panels and met with appointed and elected officials to explain why EPA’s proposal was an incursion into land-use regulations and plain wouldn’t work. In essence, a rule would have required all builders to retain a certain volume of stormwater onsite by using low-impact development techniques such as rain gardens, pervious pavements and other methods that often add money especially on sites with soil types that don’t easily infiltrate.

Some of the technologies EPA was considering would be almost impossible in many urban areas, making smart-growth and redevelopment projects less likely to succeed. They are also expensive: Builders who employ these practices have estimated they add at least 10-15% to the cost of a developed lot, depending on location and soil type.

EPA was also considering expensive retrofit requirements that would saddle municipalities and taxpayers with huge additional bills during a time when many cannot keep up with current infrastructure demands. “Green infrastructure systems are still a work in progress, and as technology progresses, we’ll discover solutions that work better and are less expensive,” Kelly said. “I’m glad that EPA has decided to concentrate on education programs rather than proposing this rule, and I am proud of the role we played to make that happen.”

Your Home Builders Association is talking to EPA about assisting with its low-impact development education efforts, and such practices already are part of the voluntary ICC 700 National Green Building Standard.

EPA Proposes Stormwater Rule Minus Numeric Turbidity Limits

In a welcome development following builders’ successful challenge of an onerous stormwater regulation, the EPA has proposed that construction companies implement best management practices (BMPs) to control stormwater runoff as a means of erosion control on construction sites. Once finalized, the proposed rule would remove the federal requirement that builders monitor turbidity in stormwater runoff and withdraw numeric turbidity limits imposed in 2009. The proposed rule also provides clarity for permit writers concerning how EPA expects certain best management practices to be implemented on site.

Among changes that EPA is proposing to the rule's non-numeric requirements is 1) the inclusion of a definition for the term "infeasible," which was needed because many of the non-numeric requirement BMPs must be implemented "unless infeasible; " and 2) a clarification of the BMP requirements. A third change to the rule is a permanent removal of the numeric limit. For details, view this Factsheet on Proposed Changes to the ELG.

These favorable revisions to the EPA’s effluent limitation guidelines (ELGs) stem from the EPA’s recent settlement of a longstanding lawsuit brought by NAHB, the Wisconsin BA and the Utility Act Group. One of our association’s most significant-ever wins for its members, this victory is projected to save home builders and developers about $2,000 per home in compliance costs, for an annual total of nearly $1.2 billion – assuming the final ELGs are similar to the terms of our settlement agreement upon their scheduled release at the end of February, 2014.

Class on stormwater permit and building code changes: FREE for builders members

The Storm Water Codes for Greenville County have been updated, as a courtesy and included in the price of your Builder Membership the HBA of Greenville will be hosting a class to highlight and educate you on these codes. The class will be held at Progress Lighting on April 11th beginning at 8 a.m with continental breakfast served and the meeting will conclude at 11:30 a.m.

Thank you GBS Building Supply for sponsoring the class and helping make the class free to Home Builders.

Speakers for this event include:

• Jessica Chapman- PE, CFM Assistant City Engineer - Environmental
• John McLeod- Chief Building Codes Officil
• Steve Landrith- Chief Building Official for the City of Greenville
• Judy Wortkoetter- PE, Greenville County Engineer.

For associate members of the HBA of Greenville the cost to participate in this class is $20 and $35 for non members.  To register for this class please contact Crystal Yanes at 864-254-0133 or cyanes@hbaofgreenville.com.

On another note the HBA of Greenville and the State HBA has been committed to adoption of the 2012 International Residential Code (IRC) in order to maintain affordable housing for all South Carolina residents by keeping required residential sprinklers out of the adopted code.  We are expecting this code to become effective in July.

Value of Membership: $1,970 per home built

Your HBA and its affiliate, NAHB, has logged significant victories advocating for members in the legal, legislative and regulatory arenas during 2012. It leveraged the association’s power to testify before Congress and shine a light on key issues, got pro-housing bills introduced and passed, challenged regulations that do more harm than good, and leveled the playing field against powerful interests that could put struggling builders, remodelers and their suppliers out of business.

Our advocacy efforts have saved the typical home builder about $7,250 per housing start in 2012, including both single-family and multifamily. Each day for the next several weeks we will an example of our policy victories that led to big savings for builders and remodelers. Note that the dollar values below are based on averages across the industry. These numbers do not necessarily apply in all areas of the country.

NAHB challenge to EPA stormwater regulations saved builders $1,970 on each home built. NAHB actions related to EPA stormwater regulations helped builders with their bottom line. Following regulatory and legal challenges by NAHB, the EPA acknowledged that the government did not have sufficient data to support a numeric limit for stormwater discharges. EPA then withdrew its onerous proposed numeric limit, an action that saved builders $1,970 on each home built in 2012.

DHEC Stormwater Permit issued effective January 1, 2013

The S.C. Department of Health and Environmental Control issued the new NPDES Permit for Stormwater Discharges from Construction Activities on October 15.  The new permit will be effective January 1, 2013.

There are changes to the new permit compared to the existing permit, although the changes were relatively minor.  As a result of the actions of NAHB, the Environmental Protection Agency dropped its plan to impose numeric limits on effluent.  Because the new permit is valid through 2017, any requirement to measure and limit effluent on construction sites will not be required in South Carolina before January 1, 2018.

To help HBA members understand the new permit, DHEC will hold three informational seminars:

• Upstate: Monday, November 19, Chapman Cultural Center, 200 East St. John Street, Spartanburg (9 a.m. until 12 noon)
• Midlands: Wednesday, November 28, Peeples Auditorium, DHEC Headquarters, 2600 Bull Street, Columbia (1 p.m. until 4 p.m.)
• Coastal: Friday, November 30, Horry County Government Center, 1301 2nd Avenue, Conway (1 p.m. until 4 p.m.)

Design engineers, CEPSCI inspectors, and others involved in land development are encouraged to attend one of these free sessions.

NAHB develops new tool that shows the real impact of construction on stormwater discharge

A new slide presentation can help HBAs and developers overcome the myth home building is a major source of water pollutants because of stormwater runoff from construction sites.

Based on a federal report released in 2009, Water Quality and the Construction Industry details how agriculture, dam making and other activities overwhelmingly affect water quality, while the sediment released from residential construction accounted for 0.15% -- or significantly less than 1% -- of the total sediment in surface waters.

“EPA’s own data shows that pollutant discharges from construction sites have decreased over time . . .primarily due to the steps that builders and developers take to control the stormwater that runs off of their sites,” according to the talking points accompanying the presentation.

“Due to these gains and EPA’s admission that ‘construction sites are already being adequately addressed through existing programs,’” there is little need for states or municipalities to take additional steps to control construction site runoff. In fact, in most instances doing so would only result in higher construction costs and higher home prices, but little or no added environmental benefit,” the presentation says.

The slide presentation is part of the “Land Use 101” package of detailed information and background materials on infrastructure, green development and other topics.

Visit the Land Use 101 webinar replay page to learn more about the toolkit and its more than 50 presentations tailor-made for HBA members and leaders.

EPA to start over on sediment loading in stormwater discharges

The Environmental Protection Agency decided yesterday to reconsider the imposition of a nationwide cap on how much sediment can be part of the stormwater draining from a construction site. The agency's announcement comes more than 18 months after NAHB sued EPA over its first proposal to develop a numeric limit for the turbidity, or cloudiness, of stormwater discharges, which the EPA voluntarily withdrew recognizing that it was not legally defensible. The decision is a nod to the importance of sound science – and a big victory for home buyers, according to the National Association of Home Builders (NAHB).

In addition, NAHB estimated that attempting to comply with the regulations would carry a $10 billion annual price tag – stunting new home production and forcing costs up for home buyers.

Today, the agency announced that it still couldn't justify any specific limit and will start over to develop a limit it can defend with science. EPA will talk to home builders, environmental scientists and other members of the public to gather better data – a solution that NAHB has advocated for more than three years.

"EPA set a numeric limit for water cloudiness that was based on flawed analyses," said NAHB Chairman Bob Nielsen, a builder in Reno, Nevada.

Both the Small Business Administration and the federal Office of Management and Budget had warned EPA that the regulation would not hold up, joining NAHB in voicing concerns about the monitoring and sampling requirements.

"In its calculations, EPA relied on questionable data, including figures obtained from the vendors that would have supplied the expensive systems home builders would have been required to use. That's no way to come up with national policy," Nielson said.

Because terrain, geography and rainfall vary significantly in most regions of the country, NAHB has long held that a nationally applicable numeric limit is neither defensible nor practicable. "It's our hope that EPA's research will take that fact into account," Nielsen said.

In the meantime, NAHB is redoubling its efforts to collect turbidity data from its members' construction sites to help ensure that the eventual ruling makes good scientific sense.

"Stormwater management must be straightforward, affordable and workable," Nielsen said. "That's the only way we can continue to make progress. NAHB supports responsible development and the goals of the Clean Water Act. The association will continue to work with state and federal regulators to keep our waterways clean," Nielsen said.

Alert: Check for a Valid Stormwater Permit When Buying Building Lots

Your HBA of Greenville has become aware of a new enforcement procedure by the South Carolina Department of Health and Environmental Control (SCDHEC) in the stormwater management program. It has resulted in a leter that many of you have received from Greenville County Engineer Judy Wortkoetter, P.E. Click here to read the letter from Wortkoetter.

You are probably well aware that the responsible companies for many residential subdivisions in the Greenville area are now bankrupt or have otherwise given up or lost control of their developments. In most cases these developments are under the control of a bank or other lender. In almost all cases the lender is declining to secure a new stormwater permit for the development.

As a result, because the responsible person who originally received the stormwater permit for the development is no longer in control of the development, SCDHEC considers the stormwater permit and NOI coverage for the development to be invalid. As a result, any undeveloped lots in the subdivision are not covered by a valid stormwater permit or NOI. This is an issue for anyone who has an ownership interest in a lot in one of these subdivisions.

Because these developments are considered “a larger common plan,” according to SCDHEC’s enforcement procedure, any development or building activity within this larger common plan must be covered by a stormwater permit and obtain NOI coverage. A building permit is not sufficient. As a result, Greenville County, under orders from SCDHEC, is requiring a fully-engineered stormwater permit application for any construction activities in these subdivisions. Even construction of a single house requires a certification from a professional engineer that it complies with the approved SWPPP in order to obtain NOI coverage. The construction of the single house on a single lot is considered by SCDHEC to be part of the “larger common plan of development”. In some cases SCDHEC is requiring builders, when buying multiple lots in one of these subdivisions, to obtain their own approved SWPPP and NOI coverage, even when the builder does not control the entire subdivision.

The only exception is for developments where the remaining undeveloped lots represent 10 percent of the overall development, or 10 acres, and the stormwater permit has been properly closed out. Greenville County government has been assisting in closing out the permits on any developments that fit those criteria. Greenville County is also closing out permits that meet it’s new stormwater ordinance requirement that developer’s can close out their permit if the subdivision reaches 50% build out if the stormwater management facilities are functioning and certified by the design engineer. However, NOI coverage for the individual lots built in these subdivision is required by SCDHEC.

Greenville County government also has been working closely with the Home Builders Association of Greenville and area developers and their engineers to try to resolve these problems. However, SCDHEC has been firm and inflexible with their enforcement of their stormwater program with these abandoned subdivisions.

The Board of Directors of the Home Builders Association of Greenville has asked us to make our Builder members aware of this situation and to advise you to do the following when purchasing lots in subdivisions:

• Verify that the subdivision is covered by a valid stormwater permit and developer provided NOI coverage, particularly if you are buying a lot or lots from a bank
• If the subdivision is not covered by a stormwater permit, verify that the stormwater permit was properly closed out so that your building permit will be valid for your individual land disturbance activities and obtain NOI coverage from SCDHEC.

If you buy a lot or lots in a subdivision that is not covered by a valid stormwater permit, and it is required to have a stormwater permit, be aware that you may be required to secure an engineered stormwater permit for the lot or lots and could be required to take responsibility for stormwater management for the entire development.

If you have any questions about this issue, please call the HBA office.

Clemson University Introduces Tool for Tracking Abandoned Developments

Clemson University has developed a website and interactive online tool to identify and track abandoned residential construction sites. The researchers developed the website to identify potential sources of sediment pollution. To view the website, click here.

EPA stormwater rules making 2011 difficult for home builders, developers

A flurry of recently issued storm water and regulatory requirements that give new muscle to the U.S. Environmental Protection Agency — with more regulations on the way — are likely to make 2011 a difficult year for home builders and developers as they struggle to rebound from the deepest housing recession in more than 70 years, according to a report by NAHB.

The EPA is also expected to re-propose a revised numeric limit to its Construction and Development Effluent Limitation Guidelines Rule (ELGs) early this year.

Read the entire article at Nations Building News by clicking here.

Civil Consulting and Design Announces New Subsidiary

Civil Consulting and Design (CCaD), a Greenville-based engineering firm, has announced the formation of a subsidiary to provide stormwater maintenance services: purendever Stormwater Solutions.

"Due to EPA requirements, cities and counties across the state are ramping up enforcement of detention pond maintenance," CCaD President Jamie McCutchen said.

Their services will include pond clearing, mowing, and cleaning; compliance assessment and certification of "Notice of Violation" or other regulatory requirements; erosion control, landscaping, and planting for enhanced water quality aesthetics; sediment and debris removal; and assistance in obtaining stormwater utility credits where available.

NAHB Lawsuit Successfully Defeats EPA Stormwater Rule

A lawsuit filed by the National Association of Home Builders (NAHB) and the Wisconsin Builders Association has forced the U.S. Environmental Protection Agency (EPA) to withdraw a key portion of its new stormwater management regulations affecting builders and developers. According to NAHB, EPA will have to go back to the drawing board on the numeric limit for sediment it developed and attempted to enforce.

Read the article about this legal victory in Nation's Building News by clicking here.