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Construction and Development Effluent Guidelines
Rule Summary
EPA promulgated the Construction and Development Effluent Guidelines and Standards (40 CFR Part 450) in 2009 and amended the regulations in 2014 and 2015. The regulations cover stormwater discharges from construction sites and are implemented in NPDES permits.
On this page:
Facilities Covered
The regulations apply to all construction sites that are subject to NPDES permit requirements (generally, sites with one or more acres of land disturbance).
Construction site owners and operators are required to:
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implement erosion and sediment controls
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stabilize soils
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manage dewatering activities
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implement pollution prevention measures
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provide and maintain buffers around surface waters
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prohibit certain discharges, such as motor fuel and concrete washout
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utilize surface outlets for discharges from basins and impoundments
Rulemaking History
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2014 Rule
Provides clarifications on applicability; flexibility for permitting authorities to implement some of the rule requirements and for permittee compliance; and clarifies the requirement for permittees to provide and maintain buffers around many surface waters at construction sites, to reduce downstream siltation and flooding
- Correcting Amendment: 80 FR 25235, 5/4/2015 (PDF) (2 pp, 198K)
The amendatory instructions that EPA provided in the 2014 final rule for the changes at 40 CFR 450.22(a) and (b) were incorrect. The May 4, 2015 action provides corrected amendatory instructions so that the 2014 amendments can be incorporated into the CFR. - Final Rule: 79 FR 12661, 3/6/2014 (PDF) (7 pp, 240K)
- Fact Sheet
- Documents related to this rulemaking can be found on EPA’s docket at regulations.gov.; the Docket Number is EPA–HQ–OW–2010–0884
- Proposed Rule: 78 FR 19434, 4/1/2013 (PDF) (9 pp, 256K)
- Notice; Solicitation of Data: 77 FR 112, 1/3/2012 (PDF) (12 pp, 200K)
- Notice of Stay: 75 FR 68215, 11/5/2010 (PDF) (3 pp, 60K)
2009 Rule
- Correction notice: 75 FR 10438, 3/8/2010 (PDF) (2 pp, 4K)
- Final Rule: 74 FR 62996, 12/1/2009 (PDF) (64 pp, 354K)
- Support documents, including:
- Development Document
Describes industry characteristics, pollutants in construction site runoff, erosion and sediment controls, regulatory options (including costs and associated pollutant loads), and non-water quality regulatory impacts - Economic Analysis
- Environmental Impact and Benefits Assessment
Analysis of environmental impacts associated with construction site discharges to surface waters and benefits associated with their reduction
- Development Document
- Support documents, including:
- 2008 Proposed Rule: 73 FR 72562, 11/28/2008 (PDF) (54 pp, 681K)
- 2004 Notice; Withdrawal of 2002 proposal: 69 FR 22472, 4/26/2004 (PDF) (12 pp, 75K)
- 2002 Proposed Rule: 67 FR 42643, 6/24/2002 (PDF) (44 pp, 287K)
Additional Information
For additional information regarding Construction and Development Effluent Guidelines, please contact Jesse Pritts, pritts.jesse@epa.gov or 202-566-1038.