Stormwater Data Requirements Blocked 

NAA/NMHC have secured a victory in efforts to block EPA from conducting a survey that would require selected owners of existing properties to provide information on their stormwater management practices as detailed financing information. EPA had previously announced the proposed survey in advance of its plans to issue new and significantly expanded stormwater management rules.

NAA/NMHC and a coalition of other groups argued that the mandatory 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.

In accordance with the Paperwork Reduction Act, the Office of Management and Budget (OMB) concluded that EPA’s survey was onerous and of questionable practical utility. EPA may not conduct the survey until it addresses industry and OMB concerns and revises its questionnaires accordingly.

Importantly, it remains unclear how this denial will affect EPA’s proposed rulemaking, as the Agency has stated that this data collection is not absolutely required for the rulemaking to proceed. 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.

NAA/NMHC will continue to monitor EPA’s data collection activities and its efforts to enact rules impacting apartment firms under the CWA.

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