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Regulatory Development and Retrospective Review Tracker

Effluent Guidelines and Standards for the Construction and Development Industry - Revision

a.k.a. C&D ELG - Turbidity Standard Revision

RIN: 2040-AF27 (What's this?)

Docket No.: EPA-HQ-OW-2010-0884 (What's this?)

Current Phase: Pre-Proposal (What's this?)

This 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. The 2009 ELG rule contained a numeric effluent limit for turbidity, based on the application of passive treatment technology.

Subsequent to 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, the calculations in the existing administrative record are not adequate to support the numeric effluent limit. EPA issued a stay of the numeric limitation on January 4, 2011. The stay will be in place until a new limit is finalized or the limit is withdrawn through a rulemaking action. EPA has issued a Federal Register notice soliciting additional data. EPA intends to propose a correction rule for public comment and then take final action on a revised limitation in the future.

NPRM: Sent to OMB for Regulatory Review12/17/2010
NPRM: Received by OMB12/21/2010
NPRM: EPA Withdrew Rule from Review08/12/2011
NODA: Sent to OMB for Regulatory Review11/09/2011
NODA: Received by OMB11/16/2011
NODA: Regulatory Review Concluded12/22/2011
NODA: Comment Period Open01/03/2012
NODA: Published in FR01/03/2012
NODA: Comment Period Closed03/05/2012
NPRM: Published in FR00/0000 (projected)

Potential Effects

Federal Government - other agencies
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Local Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

State Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - No Information Available.
  • NODA - This stage of the rulemaking underwent review.
  • NPRM - No Information Available.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 450

Legal Authority
33 USC 1311;33 USC 1312 "CWA 302";33 USC 1314;33 USC 1316;33 USC 1341;33 USC 1342;33 USC 1361;33 USC 1370


This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.

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