Skip to main content

United States: EPA Issues Final Rule To Reduce Water Pollution From Construction Sites

Effluent Limitations Guidelines (ELGs)

The U.S. Environmental Protection Agency (EPA) recently issued a final rule on effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants—primarily sediments—from construction sites. For the first time, certain large construction sites will have to meet an objective, numeric turbidity standard.

EPA promulgated the rule because construction activities like clearing, grading, and excavating, disturb soil and sediment, which can be washed off construction sites during storm events and can pollute nearby water bodies. EPA has identified stormwater runoff from construction sites as one of the most significant threats to water quality nationwide. Turbidity, a measure of sediment in water, amounts to approximately four billion pounds per year, according to calculations by the EPA. The cost of reducing turbidity under the new rule will cost the construction industry close to $1 billion according to estimates.

The final rule requires construction site owners and operators that disturb one or more acres to use best management practices in implementing erosion and sediment control measures and pollution prevention practices in order to control pollutants in discharges from construction sites. When 10 or more acres of land are affected by construction activities at one time, however, site owners and operators will be required to monitor and sample discharges, and to comply with a numeric standard for turbidity (280 NTUs). This national monitoring requirement and enforceable numeric limitation is the first of its kind for EPA, and the rule has garnered initial praise from environmentalists, but scorn from developers based on the cost. The new rule does not include standards for managing post-construction stormwater runoff, which had been sought by environmentalists; however, the rule indicates that such standards will likely be included in new rules shortly.

The rule also contains more stringent requirements for soil stabilization than EPA has required in the past. The rule requires initial stabilization of disturbed areas "immediately" when the final grade is reached or any clearing, grading, or excavating activities have temporarily or permanently ceased unless the soil of the area meets certain exceptions listed in the rule.

The final rule is intended to work with existing state and local programs, adding a technology-based minimum requirement that would apply nationally. The rule will take effect in February 2010 and will be phased in over four years. Implementation dates will vary for the standard through state general permits for construction stormwater discharges. EPA also plans to revise its own Construction General Permit to include the new requirements when the permit expires on June 30, 2011. Tennessee's Construction General Permit is set to expire in July 2010, which may lead Tennessee to revise its permit sooner.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Article by Waller Lansden Dortch & Davis

Comments

Post a Comment

Erosion Control Forum.com

Erosion Control, and Nanotechnologies (NT)

Erosion Control Forum – Information on erosion control devices and resources Skip to content Abstract Nanotechnology (NT) The National Nanotechnology Initiative defines nanotechnology as understanding and controlling matter at dimensions between approximately 1 and 100 nanometers, where unique phenomena enable novel applications. Introduction Nanotechnology offers the potential to effectively treat contaminants in situ, avoiding excavation or the need to pump contaminated water out of the ground. The process begins with nanoparticles being injected into a contaminated aquifer via an injection well. Role of Nanotechnology Nanotechnology plays a crucial role in improving wind turbine performance...
2 comments
Read more

Environmental Issues

Erosion Control Forum – Information on erosion control devices and resources Skip to content Bioventing Description Bioventing is an in situ remediation technology that uses microorganisms to biodegrade organic constituents adsorbed on soils in the unsaturated zone. Bioventing enhances the activity of indigenous bacteria and simulates the natural in situ biodegradation of hydrocarbons in soil by inducing air or oxygen flow into the unsaturated zone and, if necessary, by adding nutrients. During bioventing, oxygen may be supplied through direct air injection into residual contamination in soil. Bioventing primarily assists in the degradation of adsorbed fuel residuals, but also assists in the degradation of volatile organic compounds (VOCs) as vapors move slowly through biologically active...
1 comment
Read more

Geogrid

Erosion Control Forum – Information on erosion control devices and resources Skip to content A geogrid is geosynthetic material used to reinforce soils and similar materials. Soils pull apart under tension. Compared to soil, geogrids are strong in tension. This fact allows them to transfer forces to a larger area of soil than would otherwise be the case.[citation needed]. Geogrids are commonly made of polymer materials, such as polyester, polyvinyl alcohol, polyethylene or polypropylene. They may be woven or knitted from yarns, heat-welded from strips of material, or produced by punching a regular pattern of holes in sheets of material, then stretched into a grid.Geogrid is typically used for soil reinforcement applications such as retaining walls, steepened slopes, embankments, sub-grade stabilization, embankments over soft ...
Post a Comment
Read more