As advocated by AGC, the U.S. Environmental Protection Agency (EPA) has reportedly delayed its release of controversial new rules to restrict stormwater that washes off land development sites after construction work is completed. We can now expect to see a "post-construction" stormwater proposal in December 2011. This extra time hopefully will allow the agency to resolve many of the legal, authority and process issues that AGC has repeatedly expressed to both EPA and Congressional staff with regard to first-time national post-construction rules.
Originally, EPA was to propose the post-construction stormwater rules by Sept. 30, under a litigation settlement agreement with the Chesapeake Bay Foundation. [1] As EPA fell behind schedule in drafting the new rules, its attorneys recently negotiated with the foundation to push the deadline for the proposal back to Dec. 2, 2011. The two-month extension, which will soon be finalized in court, does not apply to the final deadline by which the new regulations must be enacted: Nov. 19, 2012.
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