EPA Stormwater Rule for Construction Sites Effective February 1, 2010
The Environmental Protection Agency’s (EPA) final rule regarding stormwater runoff from construction sites took effect on February 1, 2010. The rule marks the first time that EPA has imposed national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges. Prior to the new regulation, EPA did not have monitoring requirements for discharges from construction sites beyond visual inspections. The rule also specifies the erosion and sediment controls that contractors must use, at a bare minimum, to control stormwater runoff on all construction sites that disturb one or more acres of land.

Nearly 82,000 home builders, commercial and industrial building contractors and civil engineering companies are expected to be covered by the rule, which EPA estimates will impose about $953 million of annual costs. The rule addresses growing concerns regarding runoff of sediment and turbidity from construction sites, which are significant sources of water quality impairment. The new stormwater control measures will reduce the amount of sediment that reaches waterways from construction and development sites.

Construction sites disturbing 10 or more acres of land at one time are subject to the new rule’s turbidity limitation and monitoring requirements. Construction sites that disturb less than 10 acres at one time will not be subject to the monitoring and numeric limit requirements. Owners and operators of construction sites disturbing one or more acres must use erosion and sediment control best management practices to ensure that soil disturbed during construction activity does not pollute nearby bodies of water.

Although the rule took effect on February 1, 2010, the monitoring and numeric limit requirements will be phased in over four years to allow permitting authorities adequate time to develop monitoring requirements and to allow the regulated community time to prepare for compliance with the numeric effluent limitation. Large construction sites that disturb 20 acres or more of land at one time will be required to comply beginning 18 months after the effective date of the final rule (August 1, 2011). Smaller construction sites that disturb 10–19 acres of land at one time must comply 4 years after the effective date of the rule (by February 2, 2014).

The rule in its entirety may be reviewed at 74 Fed. Reg. 62,996 (Dec. 1, 2009) (to be codified at 40 C.F.R. pt. 450). For additional information regarding our Environmental Law Practice, contact Jennifer D. Edgeworth, JD, ERM, at (214) 749-6526. Learn more about our Construction Practice.