EPA decides not to issue stormwater effluent guidelines

WASHINGTON (April 5) -- The Environmental Protection Agency has decided against establishing effluent limitation guidelines to control stormwater runoff at construction sites, and instead will rely on existing programs and regulations at the federal, state and local level.

Almost every state and many local governments already have requirements that are at least as stringent as those the EPA had proposed in 2002, according to the agency. In explaining its decision, the EPA said additional regulations in the 2002 proposal would have limited states´ flexibility and resulted in very high costs with only minor reductions in pollution discharges.

Among other provisions, the 2002 proposal would have prescribed sediment basins of a particular size to apply nationwide, where existing requirements allow states to set these technical requirements to meet regional differences in rainfall, seasonal weather patterns, soil types, slopes, and other considerations.

The construction industry welcomed the decision, saying it was a victory for common sense.

"EPA rightly recognized that there is no one-size-fits-all approach to stormwater runoff," said Stephen Sandherr, CEO of the Associated General Contractors of America, a trade association. "The better way to protect the environment is to allow state and local authorities to tailor the details to state and local conditions, and not to impose a rigid and inflexible federal standard."

The association had submitted a 154-page document to the EPA outlining its opposition to the proposal, especially in light of new federal regulations.

In 2003, National Pollutant Discharge Elimination System regulations went into effect for stormwater discharges from construction sites that are one to five acres in size. Larger sites were regulated previously.

The EPA had solicited public comments on the 2002 proposal after introducing it.