EPA Promulgates Aggressive, Nationwide Stormwater Technology Requirements For The Construction And Development Industry

On Dec. 1, 2009, the U.S. Environmental Protection Agency (EPA) published final Construction and Development Effluent Limitations Guidelines and New Source Performance Standards (C&D ELG) imposing nationally-applicable numeric effluent limits on stormwater discharges from construction sites impacting 10 or more acres of land at any one time. 74 Fed. Reg. 62,996 (Dec. 1, 2009). The rule also specifies erosion and sediment controls that contractors must employ to control stormwater discharges at all regulated construction sites (i.e., that disturb one or more acres of land). EPA estimates that the new rule will reduce approximately four billion pounds of sediment per year (for a monetized benefit of $368.9 million), at an annual cost of $810-$935 million. The rule becomes effective on Feb. 1, 2010 and will be phased in over four years.