July 1, 2010

EPA's New Construction Industry Effluent Limitations Guidelines

Association of Massachusetts Wetland Scientists Newsletter
Dianne R. Phillips
Water Law Partner Dianne Phillips authored an Association of Massachusetts Wetland Scientists Newsletter article titled, "EPA's New Construction Industry Effluent Limitations Guidelines."

On December 1, 2009, the U.S. Environmental Protection Agency (EPA) published its final rule promulgating effluent limitations guidelines and new source performance standards for the construction and development point source category. This new rule requires construction site owners and operators to implement a range of erosion and sediment control measures and pollution prevention practices to control sediment discharges from virtually all construction sites, including all sites in excess of one acre in disturbed area. In addition, for the first time, the new rule imposes technology-based numeric effluent limits, which will be phased in over four years, on the pollutant "turbidity" for all construction sites in excess of ten acres of disturbed area at any one time. The rule became effective February 1, 2010, and is applicable to all stormwater discharge permits issued after that date, whether by EPA or states acting under delegated National Pollutant Discharge Elimination System (NPDES) permit programs. To read the full article, please visit the link below.

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