EPA Defers National Post Construction Stormwater Rule

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Trey Shanks

Environmental Scientist

According to the National Association of Clean Water Agencies (NACWA), the EPA has made an official statement that they are deferring development of a National Post Construction Stormwater Rule and are redirecting efforts toward addressing more targeted stormwater challenges.

Freese and Nichols is in touch with EPA staff to identify specifics of this strategy shift, but a movement away from national stormwater rulemaking removes, or at least delays, a significant regulatory impact to municipalities that has been expected over the last several years. Until this announced strategy shift, EPA’s proposed national stormwater rulemaking was expected to require stormwater runoff volume control for new development and redevelopment sites and possibly to require stormwater quality retrofits to treat runoff from existing development.

The NACWA posting is shown below for more detail. Please contact Trey Shanks at 214-217-2221 or trey.shanks@freese.com for more information.

“On Wednesday, EPA’s Office of Water released an official statement that they are deferring development of a National Post Construction Stormwater Rule in lieu of more targeted, less regulatory-driven efforts to help municipalities better control stormwater runoff. In a statement to the press, EPA explained they are “…updating [their] stormwater strategy to focus now on pursuing a suite of immediate actions to help support communities in addressing their stormwater challenges and deferring action on rulemaking to reduce stormwater discharges from newly developed and redeveloped sites or other regulatory changes to its stormwater program.”

In short, the Agency is officially acknowledging that continued work on a new national stormwater rule does not make economic or regulatory sense at this point. In many ways this news is not unexpected, as there had been very little progress on the rule over the past few years and EPA missed its most recent draft proposal deadline in June 2013. NACWA has aggressively advocated with EPA on the stormwater rule since 2009, and our advocacy played a part in helping guide EPA to the conclusion that a new national stormwater rule is not appropriate at this time.”

–NACWA Clean Water Current Newsletter

Visit the EPA website for more information on the 2014 final rule and rulemaking history

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Trey Shanks, CFM, IAM, leads Freese and Nichols’ Asset Management services. He is a Principal in our Fort Worth office.