Proposed rulemaking for stormwater management under the Clean Water Act By Jessica John Bowman

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The Environmental Protection Agency has solicited public input concerning potential regulations intended to (1) reduce stormwater discharges from new development and redevelopment and (2) otherwise strengthen the stormwater program. In order to collect information to inform its analyses of a possible rulemaking proposal, the EPA has solicited written comments, held a series of public listening sessions, and issued a series of questionnaires to selected entities and permitting authorities.

The EPA anticipates that the proposed regulations may have a significant economic impact on a number of small business entities. It therefore expects to convene a Small Business Advocacy Review Panel that will provide input into the rulemaking process and ensure that the concerns of small entities are carefully considered by the EPA. The EPA issued a formal notification concerning the panel on August 17, 2010.

After all comments are received, the EPA will determine whether, and to what extent, existing stormwater regulations should be revised. If the EPA decides to revise its regulations, the regulations may include the following changes, among others...

Article authored by McAfee & Taft attorney: Jessica John Bowman.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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