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Kaspersen, Janice

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Tuesday, January 10, 2012 1:34 PM

Another Shot at Numeric Limits

By: Kaspersen, Janice Comments
They’re back again: after some delay while it reconsidered its previous numeric effluent limits for construction sites, EPA is requesting additional information on several items relating to the topic. On January 3, EPA published a notice in the Federal Register asking for additional data and feedback on sample collection, ability of smaller sites to meet numeric limits, and cold-weather considerations, applicability of the numeric limit to certain types of construction, and other issues. March 5 is the deadline to submit comments.

In late 2009, the agency published effluent limitation guidelines calling for a limit of 280 nephelometric turbidity units (NTUs) from most construction sites 10 acres or larger. The guidelines also called for other erosion and sediment control measures, such as using perimeter controls and minimizing the amount of land disturbed at one time. The numeric limit, however, was the sticking point for many, who felt the number was unrealistic, unaffordable, or both. After the guidelines were issued, the Small Business Administration and the National Association of Home Builders petitioned for EPA to reconsider the numeric limit, based on a potential error in the way that number had been calculated. EPA reexamined the data and, in January 2011, stayed the limit, saying that a revised limit would be published at a later date.

In addition to requesting information, last week’s notice, available here, offers a useful recap of how the 280-NTU limit was originally calculated and why it is now being reconsidered. It contains summaries of the technologies needed to meet a specific numeric limit, defines what the agency means by “passive treatment,” includes a discussion of the limitations of sampling equipment and practices, and addresses comments EPA received regarding the potential toxicity of chemicals used in treatment systems to reduce turbidity. If you want a current summary of the issues surrounding the effluent limitation guidelines—even if you don’t have information to add and aren’t planning to comment—the notice is worth reading.

EPA’s website contains links to additional background information. You can submit comments on the numeric turbidity limit by mail or online at www.regulations.gov.

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January 12th, 2012
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