Stormwater-Construction Activities regulations & environmental compliance analysis

Stormwater-Construction Activities: What you need to know

Governing Law and Regulations

Clean Water Act (CWA), 33 USC 1251 to 1389 and regulations at 40 CFR 122 and 40 CFR 124

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National Pollutant Discharge Elimination System (NPDES): 33 USC 1342

NPDES permit application regulations for stormwater discharges (Phase I final rule): 55 Federal Register (FR) 47990 (11/16/90)

Phase II stormwater rule: 64 FR 68722 (12/8/1999)

Construction activities:

    Small construction sites: 40 CFR 122.26(b)(15)(i)

    Low erosivity waivers: 40 CFR 122.26(b)(15)(i)(A) and 40 CFR 122.26(b)(15)(i)(B)

    Effluent limitations: 40 CFR 450

    Best practicable technology (BPT) currently available: 40 CFR 450.21

    Best available technology (BAT) economically achievable: 40 CFR 450.22

    Best conventional pollutant control technology (BCT): 40 CFR 450.23

    Oil and gas facilities: 40 CFR 122.26(a)(2)(ii)

Regulatory Agency

U.S. Environmental Protection Agency (EPA) Office of Wastewater Management

EPA regional offices

Overview of Stormwater Discharge Regulation Associated with Construction Activities

When stormwater drains from a construction site, it carries sediment and other pollutants associated with the site that can harm lakes, streams, and wetlands. Controlling erosion from construction sites can significantly reduce the amount of sedimentation and other pollutants transported by stormwater runoff associated with construction activities.

The U.S. Environmental Protection Agency (EPA) regulates stormwater discharges associated with construction activities through either the issuance of an individual permit or the Construction General Permit (CGP) in states where permitting authority has not been delegated. Most states are authorized to implement ...

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