Title 40: Protection of Environment
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PART 450—CONSTRUCTION AND DEVELOPMENT POINT SOURCE CATEGORY
Section Contents
Subpart A—General Provisions
§ 450.10 Applicability.
§ 450.11 General definitions.
Subpart B—Construction and Development Effluent Guidelines
§ 450.21 Effluent limitations reflecting the best practicable technology currently available (BPT).
§ 450.22 Effluent limitations reflecting the best available technology economically achievable (BAT).
§ 450.23 Effluent limitations reflecting the best conventional pollutant control technology (BCT).
§ 450.24 New source performance standards reflecting the best available demonstrated control technology (NSPS).
Authority:
42 U.S.C 101, 301, 304, 306, 308, 401, 402, 501 and 510.
Source:
74 FR 63057, Dec. 1, 2009, unless otherwise noted.Subpart A—General Provisions
top§ 450.10 Applicability.
top
(a) This part applies to discharges associated with construction activity required to obtain NPDES permit coverage pursuant to 40 CFR 122.26(b)(14)(x) and (b)(15).
(b) The provisions of §450.22(a) do not apply to discharges associated with interstate natural gas pipeline construction activity.
(c) The New Source Performance Standards at §450.24 apply to all new sources and are effective February 1, 2010.
(d) The BPT, BCT and BAT effluent limitations at §450.21 through 450.23 apply to all sources not otherwise covered by paragraph (c) of this section and are effective February 1, 2010.
§ 450.11 General definitions.
top (a) New source. New source means any source, whose discharges are defined in 40 CFR 122.26(b)(14)(x) and (b)(15), that commences construction activity after the effective date of this rule.
(b) [Reserved]
Subpart B—Construction and Development Effluent Guidelines
top§ 450.21 Effluent limitations reflecting the best practicable technology currently available (BPT).
top Except as provided in 40 CFR 125.30 through 125.32, any point source subject to this subpart must achieve, at a minimum, the following effluent limitations representing the degree of effluent reduction attainable by application of the best practicable control technology currently available (BPT).
(a) Erosion and sediment controls. Design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. At a minimum, such controls must be designed, installed and maintained to:
(1) Control stormwater volume and velocity within the site to minimize soil erosion;
(2) Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and streambank erosion;
(3) Minimize the amount of soil exposed during construction activity;
(4) Minimize the disturbance of steep slopes;
(5) Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site;
(6) Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible; and
(7) Minimize soil compaction and, unless infeasible, preserve topsoil.
(b) Soil stabilization. Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed within a period of time determined by the permitting authority. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed as specified by the permitting authority.
(c) Dewatering. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls.
(d) Pollution prevention measures. Design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented and maintained to:
(1) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge;
(2) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater; and
(3) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
(e) Prohibited discharges. The following discharges are prohibited:
(1) Wastewater from washout of concrete, unless managed by an appropriate control;
(2) Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials;
(3) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
(4) Soaps or solvents used in vehicle and equipment washing.
(f) Surface outlets. When discharging from basins and impoundments, utilize outlet structures that withdraw water from the surface, unless infeasible.
§ 450.22 Effluent limitations reflecting the best available technology economically achievable (BAT).
top Except as provided in 40 CFR 125.30 through 125.32, any point source subject to this subpart must achieve, at a minimum, the following effluent limitations representing the degree of effluent reduction attainable by application of the best available technology economically achievable (BAT).
(a) Beginning no later than August 2, 2010 during construction activity that disturbs 20 or more acres of land at one time, including non-contiguous land disturbances that take place at the same time and are part of a larger common plan of development or sale; and no later than February 2, 2014 during construction activity that disturbs ten or more acres of land area at one time, including non-contiguous land disturbances that take place at the same time and are part of a larger common plan of development or sale, the following requirements apply:
(1) Except as provided by paragraph (b) of this section, the average turbidity of any discharge for any day must not exceed the value listed in the following table:
| Pollutant | Daily maximum value (NTU)1 |
|---|
| Turbidity | 280 |
(2) Conduct monitoring consistent with requirements established by the permitting authority. Each sample must be analyzed for turbidity in accordance with methods specified by the permitting authority.
(b) If stormwater discharges in any day occur as a result of a storm event in that same day that is larger than the local 2-year, 24-hour storm, the effluent limitation in paragraph (a)(1) of this section does not apply for that day.
(c) Erosion and sediment controls. The limitations are described at §450.21(a).
(d) Soil stabilization . The limitations are described at §450.21(b).
(e) Dewatering. The limitations are described at §450.21(c).
(f) Pollution prevention measures. The limitations are described at §450.21(d).
(g) Prohibited discharges. The limitations are described at §450.21(e).
(h) Surface outlets. The limitations are described at §450.21(f).
§ 450.23 Effluent limitations reflecting the best conventional pollutant control technology (BCT).
top Except as provided in 40 CFR 125.30 through 125.32, any point source subject to this subpart must achieve, at a minimum, the following effluent limitations representing the degree of effluent reduction attainable by application of the best conventional pollutant control technology (BCT). The effluent limitations are described at §450.21.
§ 450.24 New source performance standards reflecting the best available demonstrated control technology (NSPS).
top Any new source subject to this subpart must achieve, at a minimum, the following new source performance standards representing the degree of effluent reduction attainable by application of the best available demonstrated control technology (NSPS): The standards are described at §450.22.
