Promulgation of Stormwater Regulations.

Sec. 431. Promulgation of Stormwater Regulations. (a) Stormwater Regulations.—The Administrator of the Environmental Protection Agency shall not promulgate the Phase II stormwater regulations until the Administrator submits to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing— (1) an in-depth impact analysis on the effect the final regulations will have on urban, suburban, and rural local governments subject to the regulations, including an estimate of— (A) the costs of complying with the six minimum control measures described in the regulations; and (B) the costs resulting from the lowering of the construction threshold from 5 acres to 1 acre; (2) an explanation of the rationale of the Administrator for lowering the construction site threshold from 5 acres to 1 acre, including— (A) an explanation, in light of recent court decisions, of why a 1-acre measure is any less arbitrarily determined than a 5-acre measure; and (B) all qualitative information used in determining an acre threshold for a construction site; (3) documentation demonstrating that stormwater runoff is generally a problem in communities with populations of 50,000 to 100,000 (including an explanation of why the coverage of the regulation is based on a census-determined population instead of a water quality threshold); and (4) information that supports the position of the Administrator that the Phase II stormwater program should be administered as part of the National Pollutant Discharge Elimination System under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342). (b) Phase I Regulations.—No later than 120 days after the enactment of this Act, the Environmental Protection Agency shall submit to the Environment and Public Works Committee of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing a detailed explanation of the impact, if any, that the Phase I program has had in improving water quality in the United States (including 113 STAT. 1097a description of specific measures that have been successful and those that have been unsuccessful). (c) Federal Register.—The reports described in subsections (a) and (b) shall be published in the Federal Register for public comment.