U.S. EPA Requesting Additional Data on Dirt in Construction Site Runoff

As previously reported, the U.S. Environmental Protection Agency (EPA) is back to square one in developing a rule that would set a first-time numeric limit on how much dirt is allowed in stormwater that runs across a construction site.  EPA published a Federal Register notice on Jan. 3 requesting additional data on the performance of technologies in controlling turbidity levels (a measure of water clarity) in construction stormwater discharges.  EPA said it will use the data and information submitted by the public to set a new “corrected” numeric turbidity limit for construction site runoff. This week, the EPA officially announced its plans to collect more data on the effectiveness of existing stormwater “passive-treatment technologies” at construction sites before moving ahead with a one-size-fits-all enforceable limit for construction stormwater runoff, coupled with monitoring and reporting requirements to show compliance.  The Jan. 3 Federal Register notice also requests information on other topics relevant to establishing numeric effluent limitations for stormwater discharges from construction sites, including sample collection, applicability to electric transmission line construction, cold weather considerations, and the ability of small sites to meet a numeric standard.  EPA will accept comments until March 5. AGC is currently reviewing the notice and plans to issue a comprehensive response. The EPA’s decision to slow down and collect more construction stormwater data bolsters AGC’s long-standing argument that a nationally applicable numeric limit is neither defensible nor practical because terrain, geography and rainfall vary significantly in most regions of the country.  So far, the EPA has presented only impossible-to-meet standards and unclear monitoring and reporting requirements. For more information, contact Leah Pilconis at pilconisl@agc.org or see AGC’s environmental news page at http://news.agc.org/topics/environment.