Date: June 3, 2010

On September 15, 2010, EPA initiated a survey of 3,000 owners of existing buildings requesting information on stormwater management practices and financial matters. The survey is part of the Agency's efforts to issue new post-construction stormwater management rules.

EPA has regulated stormwater flows from construction sites for years; however, last year it announced it was drafting rules that would require existing buildings to comply with post-construction stormwater controls under the theory that they are "point sources." 

NMHC/NAA and a coalition of other groups argued that an earlier version of the survey was unduly burdensome and flawed in its methodology.  We also argued that EPA improperly relied on authority under Section 308 of the Clean Water Act (CWA) to issue the survey and mistakenly categorized all building owners and developers as owners and operators of "point sources" of pollution.

The prior version of the survey was blocked by the Office of Management and Budget as onerous and of questionable practical utility. The revised survey, while improved, remains complex and still requires a broad spectrum of disclosures. 

• Final Advanced Owner/Developer Short Questionnaire (PDF) 
• Final Advanced Owner/Developer Long Questionnaire (PDF) 
• NMHC/Coalition Comments on EPA’s Earlier Stormwater Questionnaire

To help members complete the survey, NAA/NMHC and other real estate groups have commissioned this guidance document.

The Agency, acting under a consent agreement with environmental interests to regulate stormwater runoff from developed land, has established an aggressive timetable for completing a rule.  EPA is still expected to release a proposed rule later this year. NMHC/NAA will continue to monitor EPA’s data collection and rulemaking activities and will continue to oppose this overly broad interpretation of the CWA.

Members concerned about this issue should contact Eileen Lee at elee@nmhc.org.