The Obama Administration announced the Environmental Protection Agency (EPA) and Army Corps of Engineers' (Corps) controversial "Waters of the U.S." final rule. The rule is intended to clarify the scope of waters that are subject to federal jurisdiction under the Clean Water Act.

The new regulations would likely include new building design and performance standards, which could force apartment owners to invest in expensive and sometimes site-inappropriate materials and technologies.

The apartment industry supports a strong Clean Water Act to protect the quality of the nation's valuable water resources. Access to clean water is essential for healthy communities and a strong economy.

However, the EPA and Corps have failed to fully assess the financial impact of the rule on the economy, including the supply of affordable housing. NAA/NMHC issued a statement responding to the announcement.

As part of a coalition of real estate groups, NAA/NMHC filed detailed comments that argued against including ditches and other conveyances that are federally regulated parts of Municipal Separate Storm Sewer Systems, as "Waters of the U.S." NAA/NMHC also expressed concern that certain storm water retention features could become subject to federal jurisdiction.

The agencies stated that the final rule does not change how sewer systems will be treated and encourages the use of green infrastructure. However, NAA/NMHC are performing a thorough analysis of the rule to determine whether the concerns of the apartment industry have been fully addressed. 

The initial proposed rule published last year resulted in more than a million comments, including responses from 34 states that opposed the rule. These responses argued that federal regulators had failed to properly consult with state authorities that share regulatory responsibility for intrastate waters. 

The proposed rule was also the subject of numerous House and Senate hearings and legislative proposals. 

This rulemaking is the culmination of efforts to clarify the scope of waters subject to federal jurisdiction. NAA/NMHC have been among those who have regularly raised serious concerns about the flawed rulemaking and called on the agencies to withdraw the proposed rule.

—Provided by NMHC as part of the NAA/NMHC Joint Legislative Program