First National Effluent Limit for Construction Runoff Proposed by U.S. EPA

A proposed rule released by the U.S. Environmental Protection Agency (EPA) Nov. 19 would establish the first national effluent (discharge) limit for storm water runoff from construction sites. Upon early review, it appears that AGC's advocacy efforts and close work with EPA staff have produced a workable proposal that recognizes the importance of providing contractors with the flexibility to select best management practices (BMPs) to fit the conditions of their sites. Much work remains, however, to ensure that the final rule does not include a strict numeric limit dictating the amount of sediment that may lawfully be discharged from construction sites across the country. The proposal would require contractors to meet EPA’s technology-based “floor” on most sites by installing and maintaining a range of erosion and sediment controls that “are generally recognized and accepted as effective” BMPs. Construction sites disturbing 10 or more acres of land at a time would also need to install sediment basins to treat their storm water discharges. In addition, a strict numeric limit on the allowable level of turbidity would apply to sites of 30 acres or more that are located in rainy areas where the soil has high clay content. AGC is analyzing EPA’s proposal with an eye to the underlying data on the costs and benefits of the rule and will keep chapters and members informed of its actions. The construction and development (C&D) effluent limitation guideline (ELG) proposal and other information are online here. EPA will accept public comment for 90 days after the proposal appeared in the Federal Register on Nov. 28. AGC plans to ask EPA to extend the public comment period.