Publised on Marten Law (http://www.martenlaw.com)
September 30, 2010
Meline MacCurdy
Russell Prugh
Nearly a year after finalizing its construction stormwater rule, in response to objections from industry groups, EPA has conceded that the controversial numeric turbidity limit in the rule is flawed. EPA issued the final construction stormwater effluent guidelines rule[1] (the “Rule”) in December 2009, for the first time establishing a numeric limit on the turbidity of stormwater discharges from large construction sites and requiring monitoring to ensure compliance with the numeric limit. The Rule also required nearly all construction sites that obtain stormwater permits after February 1, 2010 to implement a range of erosion and sediment controls and pollution prevention measures. EPA’s Rule elicited immediate criticism, including a lawsuit brought by industry groups in the Seventh Circuit,[2] and a petition for administrative review by the Small Business Administration (“SBA”) Office of Advocacy. A primary element of these challenges was the claim that EPA’s numeric turbidity limit is flawed. (more…)