U.S. EPA issued a proposed regulation on November 19 that would require erosion and sediment control best management practices on construction sites. Construction sites disturbing 10 or more acres would be required to install sediment basins to treat stormwater discharges from the site. One category of sites, those over 30 acres in areas with highly clay soils or high rainfall intensity, would be required to treat and filter stormwater discharges in order to meet numeric standards limiting sediment runoff.

According to EPA, the proposed rule is expected to reduce the amount of sediment discharged from construction sites by up to 27 billion pounds each year, at an annual cost of $1.9 billion. The agency said the proposal would provide better protection for drinking water supplies, improve aquatic environments and reduce the need for dredging navigation channels and reservoirs.
As a result of a lawsuit EPA is required by court order to issue a final construction site rule by Dec. 1, 2009. A copy of the EPA pre-publication notice is available at: http://www.epa.gov/waterscience/guide/construction/proposed/PREPUB-fr-proposed20081119.pdf.
 

The Water Resource Development Act of 2007 passed last year despite President Bush's veto, due to heavy bipartisan support in both the House and the Senate. Now both chambers are discussing a new water resources funding bill, in order to accomodate new requests, since the last bill could only handle the years-long backlog of outstanding requests.

 

Senate Environment and Public Works (EPW) Chairman, Barbara Boxer (D-CA), has stated that a new water resources funding bill will be a top priority next year. Senator Boxer also stated that the EPW committee will tackle funding for the state revolving loan fund for water projects.

 

House Transportation and Infrastructure Chairman, James Oberstar (D-MN), is also supportive of a new water resources bill next session. Legislators from both sides of the aisle see infrastructure investment as a great way to stimulate the nation's economy and to repair years worth of neglect toward our nation's transportation system.

On November 20th, the National Rural Water Association released a report, "12 Weeks & 1 Day", detailing ways to provide an economic stimulus for both water and wastewater infrastructure. The report explains why the U.S. Department of Agriculture's water infrastructure funding program is an appropriate approach for a water infrastructure stimulus, as well as a positive way to improve public health and create green jobs. The report lists billions in ready-to-go infrastructure projects, as Congress continues to consider various stimulus proposals.

 

To view the full report please visit:

 

The Environmental Protection Agency (EPA) recently published effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control discharges of pollutants from construction sites. (73 FR 72562 (Nov. 28, 2008)). ELGs are national standards that apply to wastewater discharges to surface waters and publicly owned treatment works. EPA issues ELGs for categories of existing sources and new sources under Title III of the Clean Water Act. The standards are based on the performance of treatment and control technologies. EPA is requesting comments on the proposed ELGs and NSPS, which would require construction sites to implement a range of erosion and sediment control measures to control pollutants in stormwater discharges. In addition, for certain large sites located in areas of the country with high rainfall intensity and soils with high clay content, stormwater discharges from the construction site would be required to meet a numeric limit on the allowable level of turbidity, which is a measure of sediment in the water. EPA is proposing a numeric limit of 13 NTUs for such sites. Comments are due on or before February 26, 2009.

The Federal Register notice announcing this proposal is available here: http://edocket.access.gpo.gov/2008/pdf/E8-27848.pdf.

Visit EPA for additional details at:

www.epa.gov/waterscience/guide/construction/proposed/index.html.