Stormwater Questionnaire Gets Closer
Obtaining information can be costly. In the area of stormwater regulation, it is an expense that EPA wants to pass on to a chosen few.
As previously reported, EPA held six "listening sessions" in early 2010 to consider:
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Expanding the area subject to federal stormwater regulations;
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Establishing specific requirements to control stormwater discharges from new development and redevelopment;
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Developing a single set of consistent stormwater requirements for all MS4s;
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Requiring MS4s to address stormwater discharges in areas of existing development through retrofitting the sewer system or drainage area with improved stormwater control measures; and
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Exploring specific stormwater provisions to protect sensitive areas.
EPA has decided to go forward and is proposing to survey owners and developers of newly developed sites, NPDES permitting authorities, owners and operators of MS4s and transportation-related MS4 entities. These are revised questionnaires from those originally proposed in October of 2009. EPA intends to propose a rule to control stormwater from, at a minimum, newly developed and redeveloped sites and to take final action no later than November 2012.
Turning to the burdens associated with obtaining the requested information, EPA says:
- The number of potential respondents is 5,516;
- It will take an average of 30 hours to complete;
- The total cost of compliance will be $7,000,000;
- There will be 167,669 hours expended; and
- The long questionnaire for owners will take 73 hours at a cost of $3,435.
EPA contends that it has the authority to compel responses under sections 304(i), 308 and 402(c) of the Clean Water Act. Even if EPA has the authority to take this information without compensating the parties for the time and money they will expend to comply (under threat of criminal prosecution if they don't respond), should it? Maybe it would be wise to expend some resources on determining whether other non-point sources (which account for more than 70% of water pollution) should receive scrutiny before adding yet more regulation to relatively small contributors.
In any event, you have until June 9, 2010 to comment on EPA's need for the information, the accuracy of the burden estimates and suggestions on how to reduce the burden (presumably such suggestions should be constructive and physically possible).
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