Settlement Reached in Lawsuit Over EPA's Construction Stormwater Rule
The EPA has reached a settlement in a long-standing lawsuit over the 2009 “Effluent Limitations Guidelines” for the “Construction Development Industry” rule, in which the agency will undertake a new rulemaking to modify effluent limits, in particular, the turbidity limit. Many of the mandatory “non-numeric” Best Management Practices (BMP) requirements will also be affected. As a result of the settlement, the EPA will withdraw the turbidity numeric effluent limit and propose a new rule by April 15, 2013.
The suit, Wisconsin Builders Association v. EPA, was brought in the U.S. Court of Appeals for the 7th Circuit and primarily challenged the strict numeric discharge limit (280 NTU) and certain segments of the non-numeric BMP provisions (e.g., language specific to controlling “volume, velocity and/or flow” of stormwater discharges and strict soil stabilization requirements).