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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