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Advocacy Article

Construction and Development Effluent Limitations Guidelines - Proposed Rule

On April 1, 2013 EPA proposed to remove the numeric standard it had established in December 2009 as part of court-ordered Effluent Limitation Guidelines (ELGs) for the construction and development industry.  These guidelines set the minimum technology required to control the impact of stormwater runoff.  The 2009 guidelines established both numeric limits and best management practices, such as silt fences, for certain active construction sites.  In response to the Office of Advocacy’s petition EPA to recon­sider the numeric standard, and a lawsuit by the National Association of Home Builders, the Utility Water Act Group and the Wisconsin Builders Association, EPA has decided to vacate the numeric standard and to add provisions to improve the flexibility of the best management practices.    EPA has added a definition for "infeasible" that has a two part focus:  (1) whether a control is "technologically possible"; OR (2) whether it is "economically practicable and achievable in light of best industry practices."

Comments must be received on or before May 31, 2013.

Water Docket, Environmental Protection Agency

Docket Number EPA-HQ-OW-2010-0884

1200 Pennsylvania Avenue, NW  Mail code: 4203M

Washington, DC 20460

  • Hand Delivery:

Water Docket, Environmental Protection Agency, USEPA Docket Center

EPA West Building

1301 Constitution Avenue, NW  Room: 3334

Washington, DC 20004

Attn: Docket Id. No. EPA-HQ-OW-2010-0884