The Chesapeake Bay Foundation (CBF) has announced that the release of the EPA proposed stormwater rule will be delayed for up to two months. The original date of September 30 was spelled out in a May 2010 settlement agreement between EPA and CBF with a stipulation that any change in the schedule would require the consent of CBF. EPA requested more time due to the scope and complexity of the proposed rule, and negotiations between CBF and EPA have resulted in an early December (as early as December 2) as a new release date; however, the exact date is not firm until the new schedule is approved by the court. These proceedings are expected to be finalized shortly with an expected official announcement by EPA to follow. The change in proposal release date does not impact the November 19, 2012 publication date for the final rule.
EPA will be presenting final regulatory options to Administrator Lisa Jackson for decisions within the next week with delivery of the draft rule package to the Office of Management and Budget (OMB) expected in late September or early October. While OMB can take up to 90 days to review this package, it is expected that they will complete their review within 60 days, allowing EPA to publish the proposed rule for public comment within the new December deadline.