Proposed National Rulemaking to Strengthen the Stormwater Program

EPA is announcing plans to initiate national rulemaking to establish a program to reduce stormwater discharges from new development and redevelopment and make other regulatory improvements to strengthen its stormwater program. This website provides information on two activities related to this proposed rulemaking:

• Stakeholder Input on Proposed Rulemaking
• Information Collection Request (ICR) for Proposed Rulemaking

Stakeholder Input on Proposed Rulemaking

EPA has issued a Federal Register Notice (PDF) (6 pp, 76K) seeking stakeholder input to help EPA shape a program to reduce stormwater impacts. Input will be provided through both written comments and during a series of public listening sessions. As described in the FR Notice, EPA seeks input on the following preliminary regulatory considerations:

• Expand the area subject to federal stormwater regulations
• Establish specific requirements to control stormwater discharges from new development and redevelopment
• Develop a single set of consistent stormwater requirements for all MS4s
• Require MS4s to address stormwater discharges in areas of existing development through retrofitting the sewer system or drainage area with improved stormwater control measures
• Explore specific stormwater provisions to protect sensitive areas

Written comments must be submitted on or before February 26, 2010 to the address specified in the Federal Register notice.

In January 2010, EPA held five public listening sessions to allow the public to provide input on regulatory actions that EPA is considering. Brief oral comments (three minutes or less) were accepted at the sessions.

EPA has made available a copy of EPA's presentation from the listening sessions (PDF) 30 pp, 2.7MB).

Listening Session Webcast: EPA will hold a "virtual" listening session as a webcast on February 3, 2010 from 12:00 pm to 4:00 pm Eastern time. After a presentation from EPA, this webcast will allow members of the public to call in and give brief (3 minute) statements. Audience members will be able to listen to the webcast and all public statements using their computer speakers. Click here to register for the Listening Session Webcast.

Supporting Information and Related Documents

• Stakeholder Input Federal Register Notice (PDF) (6 pp, 76K)
• Listening Sessions and Stakeholder Input Fact Sheet (PDF) (2 pp, 45K)
• National Research Council Report on Urban Stormwater (PDF) (529 pp, 10.5MB)

You can view or download the complete text of the Federal Register notice on the Internet at www.regulations.gov , Docket ID No. EPA-HQ-OW-2009-0817.

Information Collection Request (ICR) for Proposed Rulemaking

EPA is proposing to disseminate a survey to owners, operators, developers, and contractors of developed sites, owners and operators of municipal separate storm sewer systems (MS4s), and states and U.S. territories, which is designed to inform a rulemaking to strengthen stormwater regulations and to establish a comprehensive program to reduce stormwater from newly developed and redeveloped sites. Stormwater discharges from developed sites can harm water quality through increases in stormwater volume and pollutant loadings into nearby waterways. Generally, as sites are developed there is an increase in areas where water cannot infiltrate, so stormwater volume increases. The resulting stormwater flows across roads, rooftops, and other surfaces, transporting pollutants that are then discharged into waterways.

EPA intends to propose a rule to control stormwater from, at minimum, newly developed and redeveloped sites, and to take final action no later than November 2012. In order to support the rulemaking EPA is proposing to require three separate questionnaires focusing on gathering data about current stormwater management practices, including those used at newly developed and redeveloped sites. EPA’s proposed survey would gather data from three groups: 1) the owners, operators, developers, and contractors of newly and redeveloped sites; 2) the owners and operators of municipal separate storm sewer systems; and 3) states and territories. The draft survey would require detailed information about stormwater management and control practices, local regulations, and baseline financial information.

On October 26, 2009, EPA signed a Federal Register notice announcing its intent to submit a Information Collection Request (ICR) for the three questionnaires to the Office of Management and Budget (OMB).

EPA is requesting comments on the proposed Information Collection Request, including the associated burden estimate, but is NOT requesting completion of questionnaires at this time. The proposed ICR will be open for public comment for 60 days following publication in the Federal Register.

Supporting Information and Related Documents

• ICR Factsheet (PDF) (2 pp, 39K)
• ICR Federal Register Notice (PDF) (3 pp, 53K)
• Survey Supporting Statement (PDF) (37 pp, 550K)
• Industry Questionnaire (PDF) (61 pp, 965K)
• Municipal Separate Storm Sewer Systems (MS4s) Questionnaire (PDF) (32 pp, 476K)
• State Questionnaire (PDF) (21 pp, 334K)

You can view or download the complete text of the Federal Register notice on the Internet at www.regulations.gov , Docket ID No. EPA-HQ-OW-2009-0817.

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Last updated on February 01, 2010 1:55 PM
URL:http://cfpub.epa.gov/npdes/stormwater/rulemaking.cfm