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The U.S. Environmental Protection Agency (EPA) has proposed tighter controls on stormwater discharges from construction sites - called effluent limitation guidelines (ELG). 聽The proposed ELG tells contractors how to control sediment discharges from their sites, at an annual cost of $1.9 billion. 聽Comments are due by February 26, 2009.聽 .
EPA is currently under a court order to publish a final ELG for the "construction and development" industry by Dec. 1, 2009. 聽Once finalized, the new regulations will be incorporated into all state and federal National Pollutant Discharge Elimination System (NPDES) permits for the discharge of stormwater from construction activities. 聽The rule will have a direct and significant impact on virtually all aspects of the construction industry.
EPA is considering three regulatory options:
- Prescriptive sediment and erosion controls (i.e., BMPs);
- Prescriptive sediment and erosion controls (i.e., BMPs) PLUS a numeric turbidity standard for construction on certain larger sites that meet rainfall and soil-type conditions; or
- Prescriptive sediment and erosion controls (i.e., BMPs) PLUS a numeric turbidity standard for all sites that disturb at least 10 acres.