United States Office of Water EPA 821-F-02-009

Environmental Protection 4303T May 2002

Agency

Fact Sheet

Construction and Development Effluent

Guideline Proposed Rule

Summary

EPA is proposing three options that relate to the discharge of pollutants from construction sites. 

The proposal includes options that work in conjunction with existing storm water regulations to

continue support for state and local flexibility and land use decision-making. One option is an

effluent guideline; another option specifies site inspections and certifications that controls have

been properly installed; and the third option relies on the existing regulations.

Background

 

Effluent guidelines are national standards

for 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. The standards are

technology-based (i.e., they are based on the

performance of treatment and control

technologies); they are not based on risk or

impacts upon receiving waters.

Construction activities like clearing,

excavating, and grading significantly disturb

the land. The disturbed soil, if not managed

properly, can be washed off-site during 

storms. With the runoff comes an increase in

sedimentation. Sedimentation problems range

from reduced passage in rivers and streams to

higher drinking water treatment costs for

removing the sediment.

Proposed Requirements

 EPA is proposing three different approaches 

to reduce the sediment discharges from

construction sites.

One approach is an effluent guideline for

construction sites that are covered by Phase 1

Storm Water regulations (5 acres and greater

disturbed) and have to apply for National

Pollutant Discharge Elimination System

(NPDES) permits. The effluent guideline

approach specifies the design criteria for the

runoff controls and includes site certification

and inspection requirements. The second

approach applies to all construction sites that

have to receive National Pollutant Discharge

Elimination System (NPDES) permits, and 

relies on the inspections and certifications that

the construction companies would need to

perform. The third option does not add new

requirements and instead relies on effective

implementation of the existing regulations.

Costs and Benefits of the Proposed Rule

This proposal could reduce the amount of

sediment discharged from construction sites.

For the effluent guideline approach, EPA

estimates annual compliance costs of $505

million and a reduction in the discharge of

pollutants by 11 million tons a year. For the

option that requires on-site inspections and

certifications, EPA estimates annual

compliance costs of $130 million and a

reduction in the discharge of pollutants of 5
million tons a year. For the option that relies

on full implementation of existing

construction regulations requirements, EPA

estimates no additional compliance costs. 

Additional Information and Copies

For further information, please contact:

Eric Strassler

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 Strassler.Eric@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/constr

uction.