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You may have heard that the new administration is getting a little tougher on enforcing the Clean Water Act. This may be the first step that affects developers in regards to their Construction General Permit (CGP). Be prepared to learn another new lesson in liability minimization - measurable effluent guidelines.

The U.S. EPA has approved Effluent Limitations Guidelines (ELGs) and New Source Performance Standards (NSPS) to more accurately measure and control the discharge and associated environmental impacts from construction sites. The Guideline will require certain sites to monitor and comply with the numeric limit for turbidity of 280 Nephelometric Turbidity Units (NTU) on a daily basis. NTUs are a measurement of the ratio of light that passes straight through water versus light which is reflected (due to suspended solids) and are measured by a properly calibrated turbidimeter.

This Guideline was designed to regulate construction sites during normal conditions and does not apply on days when precipitation exceeds the 2-year, 24-hour storm event (between 3"- 4" in most of MO and southern IL). Additionally, when monitoring is required on your site, you will not be in violation of the rule if a single sample exceeds the limit as long as the average of all your samples taken over the course of the day is below the 280 NTU limitation. Current expected sampling protocol consists of three samples per day from all discharge points, while discharges are occurring.

So who will be affected and when? The Guideline will be phased in over the next four years. It goes into effect February 1, 2010 but will not be immediately enforced in order to allow regulators and permit holders time to prepare for the new requirements. 18 months later (August 1, 2011) all sites that disturb 20 acres or more at one time will be required to comply with the numeric limit. By February 2, 2014 the same will be true for all sites that disturb 10 or more acres at one time. Exact dates will vary based on the revision and reissuance of each state's Construction General Permit (CGP) which must incorporate the new requirements. The current Missouri CGP is scheduled to expire February 7, 2012, and the Illinois CGP is valid through July 31, 2013. Technical guidance on monitoring protocol will be included with the reissuance of the Federal CGP which will occur with the expiration of the current CGP on June 30, 2011.

Whatever the final regulations in your project's area become, it will certainly require an updated approach to erosion, sediment, and stormwater management. SCI Engineering, Inc. possesses the technical and regulatory expertise to help guide developers and municipalities through all aspects of construction including effluent monitoring and we will continue to keep you up-to-date on this new challenge.

Jim Kron, Certified Erosion, Sediment and Stormwater Inspector (CESSWI)
SCI Engineering, Inc.

Vist the EPA website for more information about the effluent limitation guidelines:
http://www.epa.gov/waterscience/guide/construction/.