United States 

Environmental Protection

Agency 

 Office of Water

4303T 

 EPA 821-F-09-004

 November 2009

 

Fact Sheet 

Final Rule: Effluent Guidelines for Discharges from 

the Construction and Development Industry 

 

Summary 

The U.S. Environmental Protection Agency (EPA) is promulgating effluent limitations 

guidelines (ELGs) and new source performance standards (NSPS) to control the 

discharge of pollutants from construction sites. This rule requires construction site 

owners and operators to implement a range of erosion and sediment control measures 

and pollution prevention practices to control pollutants in discharges from construction 

sites. In addition, the rule requires certain construction site owners and operators to 

sample stormwater discharges and comply with a numeric standard for the pollutant 

turbidity in these discharges starting in August of 2011. 

Background on Construction Activity

 

Construction activities like clearing, 

excavating, and grading significantly 

disturb the land. The disturbed soil, if not 

managed properly, can easily be washed 

off of the construction site during storms 

and enter water bodies. Stormwater 

discharges from construction activities 

can cause an array of physical, chemical 

and biological impacts. 

Pollutants discharged from construction 

sites include sediment, turbidity and 

nutrients. All of these pollutants are 

important contributors to water quality 

impairment nationwide. Sediment, 

turbidity, and nutrients degrade aquatic 

ecosystem health, drinking water 

supplies, and surface water clarity. 

Sediment deposition reduces water depth 

in lakes, reservoirs, and navigational 

channels, increasing the need for 

dredging. 

Background on Effluent Guidelines

 

Effluent guidelines are national 

standards that apply to stormwater and 

wastewater discharges to surface waters 

and publicly owned treatment works 

(municipal sewage treatment plants). EPA 

issues effluent guidelines for categories of 

existing sources and new sources under 

Title III of the Clean Water Act to control 

pollution from these sources. The 

standards are based on the performance 

of treatment and control technologies. 

Final Rule Requirements 

 The final rule is intended to work in 

concert with existing state and local 

programs, adding a technology-based 

“floor” that establishes minimum 

requirements that apply nationally. Once 

implemented, these new requirements will 

significantly reduce the amount of 

sediment and other pollutants discharged 

from construction sites. 

 The rule requires all construction site 

owners and operators to implement a 

range of erosion and sediment control 

best management practices (BMPs) to 

reduce pollutants in stormwater 

discharges. Permittees are also required 

to implement a range of pollution
2 

prevention measures to control 

discharges from activities such as 

dewatering and concrete washout. The 

rule contains stringent requirements for 

soil stabilization as well. 

 EPA is phasing in the numeric limitation 

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 limitation. 

Construction sites that disturb 20 or more 

acres at one time will be required to 

conduct monitoring of discharges and 

comply with the numeric limitation 

beginning 18 months after the effective 

date of the final rule. Beginning four years 

after the effective date of the final rule, the 

monitoring requirements and numeric 

limitation will apply to all sites that disturb 

10 or more acres at one time.. 

Costs and Benefits of the Proposed 

Rule

This regulation is projected to reduce 

the amount of sediment discharged from 

construction sites by about 4 billion 

pounds each year, at an annual cost of 

about $953 million, once fully 

implemented. Because of the phase-in 

period for the numeric limit, and the timing 

of state construction general permit 

renewals, it is expected that the cost of 

the rule will be $8 million in 2010, $63 

million in 2011, and $204 million in 2012. 

The benefits from reducing discharges of 

sediment and turbidity include improved 

water clarity, protection of drinking water 

supplies, improvements in aquatic 

environments, and lessen the need for 

dredging of navigational channels and 

reservoirs. 

Implementation

 EPA currently issues permits for 

construction activities in four states, the 

District of Columbia and in certain U.S. 

territories and tribal areas. The EPA 

Construction General Permit (CGP), 

which is set to expire on June 30, 2011, 

will be updated to include the new 

requirements when reissued. The 

remaining states issue their own 

construction general permits, and the new 

requirements must be incorporated into 

any new general permits issued after the 

effective date of the regulation, which is 

60 days after publication in the Federal 

Register. The requirements also apply to 

individual permits issued by states or 

EPA. Therefore, the implementation date 

of the new requirements will vary 

depending on when states reissue their 

permits and whether projects are covered 

by individual or general permits. 

Additional Information and Copies

For further information, please contact: 

Mr. Jesse W. Pritts 

U.S. Environmental Protection 

Agency, Office of Water (4303T) 

Engineering and Analysis Division 

1200 Pennsylvania Ave. N.W. 

Washington, D.C. 20460 

or send an e-mail to: 

Pritts.Jesse@epa.gov. You can view or 

download the complete text of the 

Federal Register notice on the Internet 

at 

http://www.epa.gov/waterscience/guide/

construction.