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November 16
EPA Continues Work on Yet-To-Be-Released Stormwater Rule

​The U.S. Environmental Protection Agency (EPA) plans to release its proposed update to the existing stormwater rule by June 2013. This rule is tied to a settlement agreement with the Chesapeake Bay Foundation on pollution in the Chesapeake Bay. The proposed rule may impact all Phase I, Phase II, and non-regulated Municipal Separate Storm Sewer Systems (MS4).

Currently, medium and large local governments with populations over 100,000 hold MS4 permits, as do small MS4s in urbanized areas. Under the most recent proposal, performance standards for discharges from new development and redeveloped sites will be established.

For new and redevelopment sites, which include residential, commercial, industrial, and institutional, the EPA is considering a retention-based standard that takes into account regional conditions. According to the EPA, the standard could be applied strictly to development sites nationwide (outside of existing MS4s) or only those sites that discharge to an MS4. If the EPA goes with the first option, the permit requirements rest with the developer during construction. After construction, the property would be required to maintain the standards as laid out under the permit.

Construction enforcement rests with the permit authority, which is generally the EPA or the state. However, since some states have transferred oversight authority to local governments, this may mean additional responsibilities for local authorities.

Additionally, the EPA is considering other options: extend the oversight of the current MS4 program; require large regulated local governments to manage discharges from existing sites, and designated government-owned maintenance yards as industrial sources.

To view the most recent EPA power point presentation on the yet-to-be-released stormwater proposal, click here.

Contact:  Julie Ufner · 202-942-4269



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