The Environmental Protection Agency (EPA) signed new rules for municipal separate storm sewer systems (MS4s) which preserve the ability of cities to choose from a wide range of options to tackle urban water pollution. This is a big win for home builders, who will be able to work together with state and local governments, rather than dealing with further federal restrictions.

According to NAHB: "The broad impact of this rule making spans across the nation, as it could have restricted how cities across the nation regulate new and re-development to comply with the Clean Water Act. NAHB petitioned the agency to return the term “narrative” to the rule text, leaving no room for misinterpretation that EPA may only accept numeric post-construction limits when reviewing state-run programs.  The agency agreed, reversing its initial proposal to eliminate non-numeric options from the list of approved practices."

The addition of narrative requirements is especially important for builders in cities who are facing water clean-up programs all at once - meaning drinking water, sewer, and storm water. This allows for greater flexibility and creativity in how a city chooses to tackle these problems and allows them to work with the developer rather than against them.

The rule was published in the Federal Register on Dec. 9, and becomes final 30 days thereafter.