Correction Rule for Construction & Development Effluent Limitations Guidelines

US EPA has announced that it is taking action will address an error that was identified in the Effluent Limitations Guidelines for the Construction & Development (C&D) Point Source Category. The C&D rule was issued on December 1, 2009 and became effective on February 1, 2010. This rule contains a numeric effluent limit for turbidity, based on the application of passive treatment technology.

After the final rule was promulgation, EPA received two petitions for reconsideration of the C&D rule. The petitions pointed out a potential error in the calculation of the numeric limit. Based on EPA's examination of the underlying dataset, EPA has determined that the calculations used to develop the limit were not adequate to support the numeric effluent limit. Consequently, EPA intends to propose a correction rule for public comment and then take final action on a revised limitation.

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