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Environment
Newsletter - Third Quarter 1999
 
In this Issue...
Proposed ASTM Standard For "Good and Customary Practice" In Evaluating Practicable Alternatives For Wetlands Permitting
 
 September 1, 1999
 
Roger W. Sims- Orlando

The American Society for Testing and Materials (ASTM) develops standards for a range of products and materials, and establishes protocols for testing and evaluation. In recent years, ASTM's environmental committee has developed standards for conducting environmental site audits, assessing "brownfields" sites and evaluating wetlands mitigation efforts. The wetlands subcommittee recognized the need to develop a procedure for evaluating practicable alternatives as required for permitting under section 404 of the Clean Water Act. A legal task group, chaired by Roger Sims of the Holland & Knight Orlando office, was formed to pursue such a standard procedure.

Members of the Task Group have informed the Corps of Engineers, EPA and Environmental Defense Fund about this activity and provided them with copies of relevant materials. The following are anticipated benefits of this standard:

• Establishes uniform good and customary practice for evaluating practicable alternatives meeting permit requirements and protecting public health and environment with no net loss of wetland

• Accelerates permitting by providing "up front" guidance leading to timely permit decisions

• Reduces processing delays from repeated agency requests for additional information and data

• Increases the quality of application submissions through clear criteria that permit applicants, consultants, agency officials, and the public can rely on, much like ASTM Phase I Environmental Site Assessments for commercial real estate transactions

• Furthers the environmental objectives of the 404 program by ensuring that the regulated community and the public follow standardized and thorough procedures for carefully considering impacts of activities on wetlands.

A Task Group meeting was held August 24 in Orlando, and meetings between the Task Group and the Wetlands sub-committee are scheduled for November 3 at the ASTM fall meetings in Savannah, Georgia. Public comment is welcomed, and those interested in active participation may apply to ASTM for membership. The members must approve the reasonable and practicable alternatives standard by a consensus (national balloting) process before ASTM will approve the standard for use.