The Environmental Protection Agency (EPA) is formally taking action to remove its controversial turbidity monitoring effluent limit guideline (ELG) from its stormwater runoff monitoring requirement for the construction industry. This rulemaking will end the drawn out battle between EPA and the building industry that began when the EPA issued a Final Rule in December 2009 entitled: Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category. (see Field Notes Vol. 18 No. 7 for the history for this issue)

The EPA's withdrawal of the ELG will not result in any changes to current regulations for the design and inspection of erosion and sediment control features. However, major changes are anticipated when the New General Permit for Discharge is issued by the Department of Conservation and Recreation on July 1, 2014. Look for updates on this issue in future editions of Field Notes.

Although this move by EPA is seen as a victory by the building industry, it will likely ignite a new debate between the EPA and environmental groups who feel that the numeric limit for turbidity is essential for enforcing the ELG. The EPA's struggle with passing the ELG could result in the proposal of more indirect requirements for addressing stormwater runoff, such as green infrastructure techniques.

For more information on the ELG or the new stormwater guidelines slated to take effect in 2014, please contact Roy Van Houten, Mike Wills, Dan Lucey or Mike Rolband.