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EPA/WATER RIN: 2040-AF13 Publication ID: Fall 2010 
Title: Stormwater Regulations Revision To Address Discharges From Developed Sites 
Abstract: Stormwater discharge from developed areas is a major cause of degradation of surface waters. This is true for both conveyance of pollutants and the erosive power of increased stormwater flow rates and volumes. Current stormwater regulations were promulgated in 1990 and 1999. In 2006, the Office of Water asked the National Research Council (NRC) to review the stormwater program and recommend ways to strengthen it. The NRC Report, which was finalized in October 2008, found that the current stormwater program "…is not likely to adequately control stormwater's contribution to waterbody impairment" and recommended that EPA take action to address the harmful effects of stormwater flow. This proposed action would establish requirements for, at minimum, managing stormwater discharges from newly developed and re-developed sites, to reduce the amount of pollutants in stormwater discharges entering receiving waters by reducing the discharge of excess stormwater. This action may also expand the scope of municipal separate storm sewer systems (MS4) required to be regulated under NPDES permits, to include rapidly developing areas and to cover some discharges that are not currently regulated. The Phase I and Phase II MS4 regulations might also be combined and amended, and may include provisions for retrofitting existing development. In order to comply with the Executive order issued by President Obama on Mat 12, 2010, that among other things, require EPA to identify ways to strengthen stormwater management practices within the Bay watershed in order to restore and protect the Bay and its tributaries. EPA plans to include in this proposed rulemaking a separate section containing additional stormwater provisions for the Chesapeake Bay Watershed. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 USC 1251 et seq   
Legal Deadline:
Action Source Description Date
Final  Judicial  Chesapeake Bay Settlement Agreement; May 11, 2010; Fowler v US EPA, No 1 :09-CV -00005-CKK (D DC)  11/19/2012 
NPRM  Judicial  Chesapeake Bay Settlement Agreement; May 11, 2010; Fowler v US EPA, No 1 :09-CV -00005-CKK (D DC)  09/30/2011 

Statement of Need: Section 402(p) of the Clean Water Act requires EPA to regulate certain stormwater discharges. Stormwater is a primary contributor of water quality impairment. There is a need to strengthen the stormwater program’s effectiveness by reducing pollutant loading from currently regulated and unregulated stormwater discharges and preserving surface water health and integrity. This action was informed by the 2006 National Research Council report.

Summary of the Legal Basis: Section 402(p) of the Clean Water Act requires EPA to regulate certain discharges from stormwater in order to protect water quality.

Alternatives: To be determined.

Anticipated Costs and Benefits: To be determined.

Risks: To be determined.

Action Date FR Cite
NPRM  09/00/2011    
Final Action  12/00/2012    
Notice—Public Meeting  To Be Determined    
Additional Information: EPA Docket information: EPA-HQ-OW-2009-0817-0319
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Information URL:  
RIN Data Printed in the FR: Yes 
Agency Contact:
Connie Bosma
Environmental Protection Agency
Mail Code 4203M, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460
Phone:202 564-6773
Fax:202 564-6431

Janet Goodwin
Environmental Protection Agency
4303T, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone:202 566-1060