EPA Seeks Comments on a Proposed Information Collection Request on Stormwater

November 8, 2009
Client Alert Newsletter December 2009

The U.S. Environmental Protection Agency ("EPA") has committed to propose a rule to control stormwater from newly developed and redeveloped sites by November 2012. In support of this anticipated rulemaking EPA published a notice in the Federal Register on October 30, 2009, announcing its intent to submit a new Information Collection Request ("ICR") regarding current stormwater management practices to the Office of Management and Budget ("OMB") for review and approval. The ICR will be comprised of three separate questionnaires to be sent to the following three groups: (1) members of the homebuilding and construction industries, as identified by certain North American Industry Classification System ("NAICS") codes; (2) owners or operators of municipal separate storm sewer systems ("MS4s"); and (3) states and territories. Responses to the questionnaires will be mandatory, and EPA estimates that it will take each recipient fifty-three hours on average to respond to the questionnaire. EPA is not distributing the questionnaires or requiring responses at this time, but EPA will be accepting public comments on the need for and the scope of the proposed ICR until December 29, 2009. EPA will then review the public comments and submit the final ICR package to OMB for review and approval. The public will also have the opportunity to submit additional comments directly to OMB.