On Dec. 1, the U.S. Environmental Protection Agency published final regulations that impose new restrictions on how storm water must be managed during construction activities. The regulations for the first time establish a numeric effluent limitation for turbidity that developers disturbing 10 or more acres of land at one time must meet. The regulations also mandate monitoring of turbidity concentrations in stormwater runoff from construction activities and require implementation of various best management practices designed to reduce pollutant loadings.

The problems that the regulations are designed to mitigate are well known. Stormwater runoff carries pollutants into rivers and streams, where it degrades water quality, harms aquatic organisms and adversely affects the recreational, fishing, water supply and other uses of the receiving water body. Because construction activities frequently involve site clearing and grading, they are a major source of sediment. Portions of the sediment consist of silt, clay and colloidal particles that are fine grained and not easily removed through common sediment controls like settling techniques. The EPA has estimated that its new regulations for construction sites will reduce pollutant loadings by about four billion pounds per year.

Existing Regulation of Storm Water Discharges

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