In a May 20 letter, Senate Republicans asked to delay the U.S. Environmental Protection Agency’s (EPA) forthcoming draft stormwater rule. The rule will set first-time post-construction runoff controls from development sites. The eight Republican senators on the Environment and Public Works Committee charge that the planned rulemaking is “clearly inconsistent” with the Clean Water Act (CWA). They reiterated previous concerns that EPA has not met a CWA Sec. 402 mandate to prepare stormwater discharge studies. Results from the studies, done in consultation with states, are reported to Congress and serve as scientific support for stormwater regulations.
The senators ask EPA to suspend the rulemaking until the agency has submitted its report to Congress. They also want EPA to provided information and solicit input from a Small Business Regulatory Enforcement Fairness Act panel on the rule’s potential effects on small business owners. EPA is facing a June 10 judicial deadline for the propose the rule. This letter follows previous scrutiny over the rule from GOP lawmakers.