For well over a decade, the U.S. Environmental Protection Agency (EPA) has been in search of a regulatory approach to address post-construction stormwater discharges. In contrast to its regulations for stormwater discharges from construction sites,  this initiative targeted stormwater discharges after a project has been developed or redeveloped. EPA’s efforts to regulate post-construction stormwater discharges made little progress until 2010, when EPA settled a case with the Chesapeake Bay Foundation over water quality impacts to the Chesapeake Bay. As part of that settlement, EPA agreed to issue draft post-construction stormwater regulations by September 2011. These regulations would apply nation-wide and require commercial and residential property owners to manage stormwater discharges once development or redevelopment was completed. The result would be new and potentially substantial operational requirements and costs being imposed on millions of commercial and residential properties across the United States.
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