Technical Guidance For EISA Section 438 Compliance

Under the new Section 438 of the Energy Independence and Security Act of 2007 (EISA), federal agencies have new requirements to reduce stormwater runoff from federal development and redevelopment projects to protect water resources. Federal agencies can comply using a variety of stormwater management practices often referred to as "green infrastructure" or "low impact development" practices, including for example, reducing impervious surfaces, using vegetative practices, porous pavements, cisterns and green roofs.

US EPA has recently issued guidance ("Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act") to assist federal agencies in minimizing the impact of federal development projects on nearby water bodies. The guidance is being issued in response to a change in law and an Executive Order signed by President Obama, which calls upon all federal agencies to lead by example to address a wide range of environmental issues, including stormwater runoff.

The purpose of the guidance document is to provide technical guidance and background information to assist federal agencies in implementing EISA Section 438. Each agency or department is responsible for ensuring compliance with EISA Section 438. The document contains guidance on how compliance with Section 438 can be achieved, measured and evaluated.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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