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February 22, 2010

NACWA is in the process of formulating written comments to file in response to EPA’s December 28, 2009 Federal Register notice  formally announcing the Agency’s intent to develop a new, comprehensive stormwater rule.  Through this notice, EPA is seeking preliminary stakeholder input from the public to assist the Agency in shaping its rulemaking process.  NACWA is requesting members’ assistance in formulating the Association’s response.  In particular, NACWA is requesting member assistance on two information requests made by EPA in the Federal Register Notice.

First, the notice asks for stakeholders to submit information on existing stormwater control practices to aid the Agency in evaluating the effectiveness of current practices.  This request encompasses four main areas:

1. Information on current stormwater practices, including traditional methods of conveyance and detention but also innovative approaches that retain stormwater onsite through infiltration, evapotranspiration, or stormwater reuse.
    
2. Information on cost comparisons of different stormwater management approaches for specific sites, including comparisons between stormwater management systems that rely primarily on conveyance and detention of excess discharge with stormwater management systems that rely primarily on on-site retention.
    
3. Information on design, performance, operation and maintenance, capital and lifetime costs, and environmental and economic benefit information for communities and/or site owners or operators that have elected to modify or retrofit their stormwater management practices for existing development.
    
4. Comments or data on monitoring information that may have been collected to show the impacts of stormwater control measures on water quality and/or flow rates in the receiving waterbody.

Second, the notice provides information on EPA’s five preliminary considerations for modifying or supplementing EPA’s existing stormwater regulations and requests stakeholder comment on these considerations.  The five ideas EPA is currently considering as part of the new rulemaking effort are as follows:

1. Expand the subject area of federal stormwater regulations to control a greater universe of stormwater discharges.  In considering this approach, EPA is interested in views on how to identify the appropriate jurisdictional boundaries for permit coverage; how to identify areas that should be covered based on development pressures and to protect water quality; and whether EPA should consider regulating stormwater discharges from particular types or sizes of development that are not currently covered by a stormwater permit.
    
2. Establish specific requirements to control stormwater discharges from new development and redevelopment, including promotion of sustainable practices that mimic natural processes to infiltrate and recharge, evapotranspire, and/or harvest and reuse precipitation. 
    
3. Develop a single set of consistent requirements for Phase I and Phase II stormwater utilities.
    
4. Require stormwater utilities to address stormwater discharges in areas of existing development through retrofitting of the sewer systems, drainage area, or individual structures with improved stormwater control measures.
    
5. Change existing stormwater regulations to require greater protection from wet weather flows in sensitive areas such as the Chesapeake Bay.

Any input or comments members can provide in response to these EPA requests, particularly from those members with stormwater management responsibility, would be greatly appreciated.  NACWA requests that all member comments be submitted to Keith Jones, NACWA’s General Counsel, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by Monday, February 22.  NACWA will use these comments in formulating the Association’s response.  This is likely to be the last time EPA will accept public comments on the stormwater rulemaking effort prior to actually drafting the rule, so it is critical that all NACWA members who may be affected by this rulemaking effort provide input to the NACWA comment effort.  Additionally, member utilities with stormwater management responsibility are also encouraged to submit their own set of comments directly to EPA.  Further information on EPA’s stormwater rulemaking effort is available on the EPA website.

If you have any questions about the EPA notice or the NACWA response, please do not hesitate to contact Keith Jones at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202/533-1803.   We thank you for your time and expertise in helping NACWA address this important issue.