EPA Uses First-Time CWA Power In Expanding Stormwater Permitting

EPA is moving to expand Clean Water Act (CWA) permitting requirements to cover a large swath of currently unregulated sources in three Massachusetts watersheds, the first time the agency has used its residual designation authority (RDA) on such a large scale, following petitions and a litigation threat from environmentalists. While the agency has previously rejected environmentalists’ efforts to get EPA to invoke the rarely used authority, it is now citing environmental justice and climate change concerns as drivers for current...