In Home Builders Association of Chester and Delaware Counties v. Department of Environmental Protection, 828 A.2d 446 (Pa. Cmwlth. 2003), DEP issued a Stormwater Management Policy that, inter alia, required owners of one to five acres of land to obtain an NPDES permit for certain construction activities that had never before required a permit. The Home Builders Association challenged the Stormwater Policy, arguing that it was a regulation, not a statement of policy, that was invalid because it had not been adopted in accordance with the procedures required by statute. This Court dismissed the Home Builders Association's petition for review. Applying the Supreme Court's Norristown analytical framework, we concluded as follows: The Stormwater Policy ... merely describes a recommended approach for achieving compliance with the existing requirements. As DEP contends, the Policy recommends "a uniform approach to stormwater management that the Department believes will assure consistency in its stormwater programs and assure compliance with the existing use protection required by 25 Pa. Code 93.4c(a). The Policy's stated goal is to implement existing requirements, not to create new requirements." Home Builders Association of Chester, 828 A.2d at 453. The Court also found relevant the disclaimer in the policy stating that the policies and procedures herein are not adjudications or regulations. There is no intent on the part of DEP to give the rules in these policies that weight or deference. Id. Finally, the Court observed that DEP retained the discretion not to apply the policy in an individual case. Id. The Court concluded that the pre-enforcement issue of whether DEP's policy was an improperly promulgated regulation was ripe for judicial review because the appellants had pled that the policy could potentially cause them "to suffer financial losses and substantial increased costs, the inability to obtain permits or to obtain permits in a timely manner" and other serious harm. Id. at 452 n.6. In Home Builders, the Court held the Comprehensive Stormwater Policy was not a regulation because it constituted an approach for "achieving compliance with existing requirements" over which DEP retained discretion. Home Builders, 828 A.2d at 453 There, a homebuilders association, consisting of over 100 production and custom home builders, remodelers and land developers, filed a petition for review seeking, inter alia, a declaration that the Stormwater Policy was an improperly promulgated regulation because it imposed new, mandatory regulatory requirements for protecting water quality in NPDES permits that went beyond the requirements of federal and state law.