Construction and Development Effluent Guidelines

Th EPA promulgated the Construction and Development Effluent Guidelines and Standards (40 CFR Part 450) in 2009 and amended the regulations in 2014 and 2015. The regulations cover stormwater discharges from construction sites and are implemented in NPDES permits.

On this page:

Facilities Covered
Rulemaking History
Additional Information

Facilities Covered

The regulations apply to all construction sites that are subject to NPDES permit requirements (generally, sites with one or more acres of land disturbance). Construction site owners and operators are required to do the following:

implement erosion and sediment controls
stabilize soils
manage dewatering activities
implement pollution prevention measures
provide and maintain buffers around surface waters
prohibit certain discharges, such as motor fuel and concrete washout
utilize surface outlets for discharges from basins and impoundments

Rulemaking History

2014 Rule

Provides clarifications on applicability; flexibility for to implement some of the rule requirements and for permittee compliance; and clarifies the requirement for permittees to provide and maintain buffers around many surface waters at construction sites, to reduce downstream siltation and flooding.

Correcting Amendment (May 4, 2015)
The amendatory instructions that EPA provided in the 2014 final rule for the changes at 40 CFR 450.22(a) and (b) were incorrect. The May 4, 2015 action provides corrected amendatory instructions so that the 2014 amendments can be incorporated into the CFR.
Final Rule (March 6, 2014)
- Fact Sheet
- Documents related to this rulemaking can be found on EPA’s docket at regulations.gov.; the Docket ID Number is EPA–HQ–OW–2010–0884
Proposed Rule (April 1, 2013)
Notice; Solicitation of Data (January 3, 2012)
Direct Final Rule; Notice of Stay (November 5, 2010)

2009 Rule

Correction notice (March 8, 2010)
Final Rule (December 1, 2009)
- Support documents, including:
  - Development Document
    Describes industry characteristics, pollutants in construction site runoff, erosion and sediment controls, regulatory options (including costs and associated pollutant loads), and non-water quality regulatory impacts.
  - Economic Analysis
  - Environmental Impact and Benefits Assessment
    Analysis of environmental impacts associated with construction site discharges to surface waters and benefits associated with their reduction.
Proposed Rule (November 28, 2008)
Notice; Withdrawal of 2002 proposal (April 26, 2004)
Proposed Rule (June 24, 2002)

Additional Information

For additional information regarding the Construction and Development Effluent Guidelines, please contact Erica Mason ([email protected]) or 202-566-2502.