MoreThe EPA in the Friday, Nov. 5, 2010, Federal
Register swiftly passed a rule halting the implementation of its new
numeric effluent regulation. The reg, 280 NTU (CFR 450.22-a), and its
associated monitoring requirements ("'-b) for the construction and
development point source category are now currently on hold, while the agency
reconsiders the record basis for calculating the numeric effluent limitation.
Without the stay (or if it is lifted) the rule would go into effect on
Jan. 4, 2011.
The agency said it expects to move expeditiously with its reconsideration, and will remove the stay when such reconsideration is completed.
On Dec. 1, 2009, the EPA published in the Federal Register effluent limitations guidelines and new source performance standards for the Construction and Development Point Source category. The guidelines require construction site owners and operators to implement a erosion control measures, and pollution prevention practices to control pollutants in discharges. These control measures became effective on Feb. 1, 2010.
The rule subjected discharges from certain larger construction sites to a numeric effluent limitation of 280 NTU starting in August of 2011 (for sites 20 acres or more) and February of 2014 (for sites 10 acres or more). Subsequent to the promulgation of the guidelines, however, the EPA received two petitions for reconsideration of the rule. These petitions pointed out a potential error in the calculation of the numeric limitation.
Based on the agency's examination of the dataset underlying the 280 NTU limit, the EPA has concluded that it improperly interpreted the data and, as a result, the calculations in the existing administrative record are no longer adequate to support the 280 NTU effluent limitation.
The agency plans to publish a proposed correction rule in December 2010 for public comment, and take final action on the proposal by May 30, 2011 so that the revised limitation will be effective by June 29, 2011. An effective date for any revised limitation of June 29, 2011 is necessary in order for EPA to incorporate the corrected numeric limitation in its next Construction General Permit by June 30, 2011.
SOURCE: Federal Register
The agency said it expects to move expeditiously with its reconsideration, and will remove the stay when such reconsideration is completed.
On Dec. 1, 2009, the EPA published in the Federal Register effluent limitations guidelines and new source performance standards for the Construction and Development Point Source category. The guidelines require construction site owners and operators to implement a erosion control measures, and pollution prevention practices to control pollutants in discharges. These control measures became effective on Feb. 1, 2010.
The rule subjected discharges from certain larger construction sites to a numeric effluent limitation of 280 NTU starting in August of 2011 (for sites 20 acres or more) and February of 2014 (for sites 10 acres or more). Subsequent to the promulgation of the guidelines, however, the EPA received two petitions for reconsideration of the rule. These petitions pointed out a potential error in the calculation of the numeric limitation.
Based on the agency's examination of the dataset underlying the 280 NTU limit, the EPA has concluded that it improperly interpreted the data and, as a result, the calculations in the existing administrative record are no longer adequate to support the 280 NTU effluent limitation.
The agency plans to publish a proposed correction rule in December 2010 for public comment, and take final action on the proposal by May 30, 2011 so that the revised limitation will be effective by June 29, 2011. An effective date for any revised limitation of June 29, 2011 is necessary in order for EPA to incorporate the corrected numeric limitation in its next Construction General Permit by June 30, 2011.
SOURCE: Federal Register
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