The U.S. Environmental Protection Agency (EPA) has delayed action for a stormwater rule, as a group pushes cost-benefit changes to the rule. The EPA is looking to get a fifth extension to its deadline for a federal regulation to curb stormwater runoff at developed locations.
A nonpartisan think tank has suggested the EPA make changes to an analysis of the rule’s costs and benefits that the EPA is trying to complete. The EPA was supposed to issue the rule by April 27, but the agency is now hoping for a May 2012 publishing date in the Federal Register.
The EPA has already missed previous deadlines for issuing the rule as it works to incorporate compliance flexibilities sought by the business community. The rule is meant to set a stormwater retention standard and provide regulated entities with compliance options, including green infrastructure techniques such as swales, rain gardens and other measures to limit runoff.
However, concerns are being raised about the costs of the rule. The EPA is said to be discussing options for municipalities and other entities subject to the rule, including allowing states with equivalent stormwater programs to regulate in lieu of the EPA.
In addition to needing more time to craft compliance flexibility provisions, the agency’s struggles with costs and benefits of the rule are a major reason behind its delay. After the EPA missed a Dec. 15 deadline for issuing the rule, a spokeswoman told Inside EPA:
“Analyzing the costs and benefits for the options under consideration for this rule is complex, given the intermittent nature of the stormwater, the various rainfall patterns that exist across the country, and the many different types of technology and site design approaches that could be used to meet the performance standards.”
The nonpartisan Institute for Policy Integrity (IPI) is currently encouraging the EPA to take advantage of the extra time available, using it to make changes to the cost-benefit analysis.
The Automotive Service Association (ASA) has been in contact with EPA staff on the potential regulation. At this time, the language is still being drafted, and changes are possible until the regulation is published in the Federal Register.
For additional information about ASA, go to www.ASAshop.org, or visit ASA’s legislative website at www.TakingTheHill.com.
