New EPA Stormwater Rule

The Environmental Protection Agency (EPA) will unveil a new stormwater rule in September.  The new rulemaking considerations include:

  • Development of performance standards from newly developed and redeveloped sites to better address stormwater management as projects are built
  • Explore options for expanding the protections of municipal separate storm sewer systems (MS4) program
  • Evaluate options for establishing and implementing a municipal program to reduce discharges from existing development
  • Evaluate establishing a single set of minimum measures requirements for regulated MS4s.  However, industrial requirements may only apply to regulated MS4s serving populations of 100,000 or more
  • Explore options for establishing specific requirements for transportation facilities
  • Evaluating additional provisions specific to the Chesapeake Bay watershed

EPA intends to propose a rule in September 2011 and take final action by November 2012.  The Council will watch this issue carefully considering the potential impact it could have on the development community along with state and local government stormwater regulations.  You can learn more here.