United States
                Environmental Protection
                Agency	
                       Office of Water
                       4303T
EPA 821-F-09-004
November 2009
vvEPA
Fact Sheet
                Final Rule: Effluent Guidelines for Discharges from
                the Construction and Development Industry
     Summary

     The U.S. Environmental Protection Agency (EPA) is promulgating effluent limitations
     guidelines (ELGs) and new source performance standards (NSPS) to control the
     discharge of pollutants from construction sites. This rule requires construction site
     owners and operators to implement a range of erosion and sediment control measures
     and pollution prevention practices to control pollutants in discharges from construction
     sites. In addition, the rule requires certain construction site owners and operators to
     sample stormwater discharges and comply with a numeric standard for the pollutant
     turbidity in these discharges starting in August of 2011.
     Background on Construction Activity

       Construction activities like clearing,
     excavating, and grading significantly
     disturb the land. The disturbed soil, if not
     managed properly, can easily be washed
     off of the construction site during storms
     and enter water bodies. Stormwater
     discharges from construction activities
     can cause an array of physical, chemical
     and biological impacts.

       Pollutants discharged from construction
     sites include sediment,  turbidity and
     nutrients. All of these pollutants are
     important contributors to water quality
     impairment nationwide. Sediment,
     turbidity, and nutrients degrade aquatic
     ecosystem health, drinking water
     supplies, and surface water clarity.
     Sediment deposition reduces water depth
     in lakes, reservoirs, and navigational
     channels, increasing the need for
     dredging.

     Background on Effluent Guidelines

       Effluent guidelines are national
     standards that apply to  stormwater and
                             wastewater discharges to surface waters
                             and publicly owned treatment works
                             (municipal sewage treatment plants). EPA
                             issues effluent guidelines for categories of
                             existing sources and new sources under
                             Title III of the Clean Water Act to control
                             pollution from these sources. The
                             standards are based on the performance
                             of treatment and control technologies.

                             Final Rule Requirements

                              The final rule is  intended to work in
                             concert with existing state and local
                             programs, adding  a technology-based
                             "floor" that establishes minimum
                             requirements that  apply nationally. Once
                             implemented, these new requirements will
                             significantly reduce the amount of
                             sediment and other pollutants discharged
                             from construction  sites.

                              The rule requires all construction site
                             owners and operators to implement a
                             range of erosion and sediment control
                             best management practices  (BMPs) to
                             reduce pollutants  in stormwater
                             discharges. Permittees are also required
                             to implement a range of pollution

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prevention measures to control
discharges from activities such as
dewatering and concrete washout. The
rule contains stringent requirements for
soil stabilization as well.

  EPA is phasing in the numeric limitation
over four years to allow permitting
authorities adequate time to develop
monitoring requirements and to allow the
regulated community time to prepare for
compliance with the numeric limitation.
Construction sites that disturb  20 or more
acres at one time will be required to
conduct monitoring of discharges and
comply with the numeric limitation
beginning 18 months after the  effective
date of the final rule. Beginning four years
after the effective date of the final rule, the
monitoring requirements and numeric
limitation will apply to all sites that disturb
10 or  more acres at  one time..

Costs and Benefits of the Proposed
Rule

  This regulation is projected to reduce
the amount of sediment discharged from
construction sites by about 4 billion
pounds each year, at an annual cost of
about $953 million, once fully
implemented.  Because of the  phase-in
period for the numeric limit, and the timing
of state construction general permit
renewals, it is expected that the cost of
the rule will be $8 million in 2010, $63
million in 2011, and $204 million in 2012.
The benefits from reducing discharges of
sediment and turbidity include  improved
water clarity, protection of drinking water
supplies, improvements in aquatic
environments,  and lessen the  need for
dredging of navigational channels and
reservoirs.
Implementation

  EPA currently issues permits for
construction activities in four states, the
District of Columbia and in certain U.S.
territories and tribal areas. The EPA
Construction General Permit (CGP),
which is set to expire on June  30, 2011,
will be updated to include the new
requirements when reissued. The
remaining states issue their own
construction general permits, and the new
requirements must be incorporated into
any new general permits issued after the
effective date of the regulation, which is
60 days after publication in the Federal
Register. The requirements  also apply to
individual permits issued by states or
EPA. Therefore, the implementation date
of the new requirements will vary
depending on when states reissue their
permits and whether projects are covered
by individual or general permits.

Additional  Information and Copies

  For further information,  please contact:

    Mr. Jesse W. Pritts
    U.S. Environmental Protection
    Agency, Office of Water (4303T)
    Engineering and Analysis Division
    1200 Pennsylvania Ave. N.W.
    Washington, D.C. 20460

  or send an e-mail to:

  Pritts.Jesse@epa.gov. You can view or
  download the complete text  of the
  Federal Register notice on the Internet
  at
  http://www.epa.gov/waterscience/guide/
  construction.

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