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Construction and Development
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Final Effluent Guidelines
On December 1, 2009, the U.S. Environmental Protection Agency (EPA) published effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants from construction sites.
The regulation is effective on February 1, 2010. After this date, all permits issued by EPA or states must incorporate the final rule requirements. All construction sites required to obtain permit coverage must implement a range of erosion and sediment controls and pollution prevention measures. Beginning on August 1, 2011 all sites that disturb 20 or more acres of land at one time are required to comply with the turbidity limitation. On February 2, 2014 the limitation applies to all construction sites disturbing 10 or more acres of land at one time. These sites must sample stormwater discharges and comply with a numeric limitation for turbidity. The limitation is 280 NTU (nephelometric turbidity units).
The December 1, Federal Register notice for the final rule contains incorrect compliance dates for the turbidity limitation for sites disturbing 20 or more acres at one time. This error appears on page 63050 of the preamble to the final rule as well as in the rule text at 450.22(a) on page 63058. Both the preamble and the rule incorrectly state this date as August 2, 2010. The correct date is August 1, 2011. A correction notice to address this error will be issued.
- News Brief (November 23, 2009)
- Fact Sheet on Final Construction and Development ELGs and NSPS (November 2009) (PDF) (2 pp, 23K)
- Federal Register Notice (Dececember 1, 2009) (Print Version) (64 pp, 354KB)
Support Documents
- Development Document for Final Effluent Guidelines and Standards for the Construction and Development Category, Volume 1 (PDF) (266 pp, 5.57MB)
- Appendices A-E (PDF) (103 pp, 5.49MB)
- Appendices F-I (PDF) (989 pp, 5.02MB)
- Economic Analysis of Final Effluent Limitation Guidelines and Standards for the Construction and Development Industry (PDF) (333 pp, 4.95MB)
- Environmental Impact and Benefits Assessment for Final Effluent Guidelines and Standards for the Construction and Development Category (PDF) (374 pp, 4.55MB)
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
Proposed Effluent Guidelines
We are proposing effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants from construction sites. EPA is requesting comment on the proposed ELGs and NSPS, which would require construction sites to implement a range of erosion and sediment control measures to control pollutants in stormwater discharges. In addition, for certain large sites located in areas of the country with high rainfall intensity and soils with high clay content, stormwater discharges from the construction site would be required to meet a numeric limit on the allowable level of turbidity.
- News Release (November 19, 2008)
- Fact Sheet on Proposed Construction and Development ELGs (November 2008)
- Federal Register Notice (November 28, 2008)
- Regulations.gov docket (docket # EPA-HQ-OW-2008-0465)
Support Documents
- Development Document for Proposed Effluent Guidelines and Standards for the Construction and Development Category, Volume 1 (PDF) (324 pp, 2.6MB)
- Development Document for Proposed Effluent Guidelines and Standards for the Construction and Development Category, Appendices (PDF) (314 pp, 2.6MB)
- Economic Analysis of Proposed Effluent Limitation Guidelines and Standards for the Construction and Development Industry (PDF) (266 pp, 1.5MB)
- Environmental Impact and Benefits Assessment for Proposed Effluent Guidelines and Standards for the Construction and Development Category (PDF) (253 pp, 2.6MB)
Status Reports to Court
- Injunction: December 1, 2006 (PDF) (3 pp, 89K)
- EPA Status Report to Court: March 2007 (PDF) (3 pp, 28K)
- EPA Status Report to Court: July 2007 (PDF) (3 pp, 27K)
- EPA Status Report to Court: November 2007 (PDF) (5 pp, 46K)
- EPA Status Report to Court: April 2008 (PDF) (4 pp, 56K)
- EPA Status Report to Court: August 2008 (PDF) (2 pp, 26K)
- EPA Status Report to Court: November 2008 (PDF) (3 pp, 34K)
- EPA Status Report to Court: April 2009 (PDF) (4 pp, 74K)
- EPA Status Report to Court: August 2009 (PDF) (2 pp, 282K)
- EPA Status Report to Court: November 2009 (PDF) (2 pp, 325K)
Related EPA Information
- NPDES Permit Program—Stormwater Discharges from Construction Activities
- National Menu of Stormwater Best Management Practices
- Preliminary Study of Urban Stormwater Best Management Practices (1999)
Additional Information
For additional information regarding construction and development industry effluent guidelines, please see construction and development contacts.
Background
EPA issued a proposed C&D rule in 2002 and withdrew the proposal in 2004. Documents on these actions are provided for reference purposes only.
Final Action—Notice of Withdrawal
- Federal Register Notice (April 26, 2004)
- Support Documents:
- Development Document (EPA-821-B-04-001; March 2004)
- Economic Analysis (EPA-821-B-04-002; March 2004)
2002 Proposed Rule
- Federal Register Notice (June 24, 2002)
- Support Documents:
- Development Document (EPA-821-R-02-007; June 2002)
- Economic Analysis (PDF) (7.8 MB; EPA-821-R-02-008; May 2002)
- Environmental Assessment (EPA-821-R-02-009; June 2002)