In a May 20 letter, Senate Republicans asked to delay the U.S. Environmental Protection Agency’s (EPA) forthcoming draft stormwater rule. The rule will set first-time post-construction runoff controls from development sites. The eight Republican senators on the Environment and Public Works Committee charge that the planned rulemaking is “clearly inconsistent” with the Clean Water Act (CWA). They reiterated previous concerns that EPA has not met a CWA Sec. 402 mandate to prepare stormwater discharge studies. Results from the studies, done in consultation with states, are reported to Congress and serve as scientific support for stormwater regulations.
The senators ask EPA to suspend the rulemaking until the agency has submitted its report to Congress. They also want EPA to provided information and solicit input from a Small Business Regulatory Enforcement Fairness Act panel on the rule’s potential effects on small business owners. EPA is facing a June 10 judicial deadline for the propose the rule. This letter follows previous scrutiny over the rule from GOP lawmakers.
Great! Agencies promulgate tens to hundreds of rules to every law passed by Congress. Many go well beyond any intent of the original law passed by Congress. Each rule has the effect of law and is therefore tough to fight as they are developed and administered by unelected staff at some agency with little or no control by those paying the bills. There are so many rules today that one cannot live without violating one or more each day, month or year.