Bill Penny
Bill Penny

Bill Penny is a Member in the Nashville office of Stites & Harbison. He is a member of the firm's Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. Bill has more than 25 years experience in environmental law. You can contact him at william.penny@stites.com or by phone at 615-782-2308.

Martin Corinne
Corinne Martin

Corinne Martin is an Associate in the Nashville office of Stites & Harbison. She is a member of the Environmental, Natural Resources & Energy Service Group, the Green Industry Practice Group, and the Business Litigation Service Group. cmartin@stites.com or by phone at 615-782-2218.

water

EPA Moves to Vacate 280 NTU Rule

08.16.10 9:39 AM
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On Friday, August 13, 2010, EPA vacated the 280 NTU effluent limitation recently adopted in its final rule, “Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category,” 74 Fed. Reg. 62,996 (Dec. 1, 2009).  See Motion. EPA determined that it improperly interpreted the data to support the 280 NTU limit, and the calculations in the administrative record are not adequate to support that numeric limit.  This technology based effluent limit is the first ever nationwide numeric effluent limitation for construction stormwater. 

The case involves a judicial challenge to the new stormwater rules by Wisconsin Builders Association, National Association of Home Builders and the Utility Water Act Group.  Part of their challenge was that EPA did not consider certain site specific conditions, and, in particular, the impact on small sites and cold weather sites.  In addition, the Plaintiffs allege that EPA did not consider the impact of the final rule related to linear gas an electric utility projects when developing the numeric limit. 

EPA will now be re-examining the 280 NTU through a narrowly-tailored notice and comment rulemaking and, if necessary revise that portion of the limit.  In particular they would like the opportunity to better respond to the comments from the Plaintiffs in the rulemaking procedure before going back to Court.

Thanks to Scott Hall for letting me know about this!

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