Construction Site Stormwater BMP’s are the new standard for E&S controls.

On March 6, 2014, EPA has published its final rule for construction activities  on march 6, 2014.  The new rule will require the use of best management practices (BMPs) in lieu of numeric criteria for turbidity.

EPA promulgated the Construction and Development Effluent Guidelines and Standards (40 CFR Part 450) in 2009.  The regulations applied/applies to all construction sites that are subject to NPDES permit requirements (generally, sites with one or more acres of land disturbance).

Construction site owners and operators were/are required to:

• implement erosion and sediment controls;
• stabilize soils;
• manage dewatering activities;
• implement pollution prevention measures;
• provide and maintain buffers around surface waters;
• prohibit certain discharges, such as motor fuel and concrete washout; and
• utilize surface outlets for discharges from basins and impoundments.

The 2014 rule provides clarifications on applicability; flexibility for permitting authorities to implement some of the rule requirements and for permittee compliance; and clarifies the requirement for permittees to provide and maintain buffers around many surface waters at construction sites, to reduce downstream siltation and flooding.

Notable changes that shall take effect on May 5, 2014 are:

(1) Addition of a definition of 'infeasible.'

(2) Revisions to several of the non-numeric requirements.
 
(3) Withdrawing the numeric turbidity effluent limitation and monitoring requirements.”

Additional information regarding these changes may be found in this link to the EPA fact Sheet here, or below.

The final rule impacting construction site activity will take effect May 5, 2014.

• Final Rule: 79 FR 12661, (3/6/2014) (PDF) (7 pp, 240K)
• Fact Sheet (PDF) (2 pp, 44K; EPA-820-F-14-001; February 2014)
• Documents related to this rulemaking can be found at EPA’s on-line docket at regulations.gov. The Docket Number is EPA–HQ–OW–2010–0884.
• Proposed Rule: 78 FR 19434, 4/1/2013 (PDF) (9 pp, 256K)
• Notice; Solicitation of Data: 77 FR 112, 1/3/2012 (PDF) (12 pp, 200K)
• Notice of Stay: 75 FR 68215, 11/5/2010 (PDF) (3 pp, 60K)

Source: Water.EPA.Gov