EPA ECHO for Construction Projects: What GCs Need to Know

What is EPA ECHO

EPA's Enforcement and Compliance History Online (ECHO) is a public database at echo.epa.gov that tracks environmental regulatory compliance for over one million regulated facilities nationwide. The database includes permit information, inspection results, violation records, enforcement actions, and penalty amounts.

ECHO focuses on four major environmental statutes:

• Clean Water Act (CWA): Water discharge permits and stormwater
• Clean Air Act (CAA): Air emissions and dust control
• Resource Conservation and Recovery Act (RCRA): Hazardous waste handling
• Safe Drinking Water Act (SDWA): Drinking water systems

For construction contractors, the most relevant programs are CWA stormwater permits (NPDES) and RCRA hazardous waste requirements. If you're vetting a subcontractor for earthwork, demolition, or renovation, ECHO should be part of your prequalification checklist.

ECHO Compliance Status Indicators

ECHO uses a color-coded system to show facility compliance status at a glance:

Construction Permits in ECHO

Under the Clean Water Act, construction sites that disturb 1 or more acres of land (or less than 1 acre if part of a larger common plan) must obtain NPDES permit coverage for stormwater discharges. This applies to most commercial construction projects.

Construction General Permit (CGP)

EPA's 2022 Construction General Permit (CGP), effective February 17, 2022 through February 16, 2027, establishes requirements for construction stormwater management. Operators must:

• Submit a Notice of Intent (NOI) before starting construction
• Develop and implement a Stormwater Pollution Prevention Plan (SWPPP)
• Install and maintain erosion and sediment controls
• Stabilize disturbed areas within 14 days when work ceases
• Conduct regular site inspections
• Submit a Notice of Termination (NOT) when stabilization is complete

SWPPP Requirements

The Stormwater Pollution Prevention Plan must document:

• Site description and construction activities
• Erosion and sediment control measures
• Pollution prevention measures for construction materials
• Inspection and maintenance schedules
• Staff training and responsibilities

ECHO provides links to facility SWPPPs where available, allowing you to see whether a contractor has properly documented their stormwater controls.

The C&D Rule (40 CFR 450.21)

All NPDES construction stormwater permits must meet the federal effluent limitation guidelines at 40 CFR 450.21 (the Construction and Development rule). These minimum requirements include:

• Design, install, and maintain effective erosion and sediment controls
• Minimize discharge of pollutants
• Prohibit certain discharges (concrete washout, fuel spills, etc.)
• Stabilize within 14 days of ceasing construction activity

Clean Water Act Violations

CWA violations relevant to construction include:

Unpermitted Discharge

If a construction site requires NPDES permit coverage but the operator does not submit an NOI or obtain an individual permit, the resulting discharges violate the CWA. This is a common violation for contractors who are unaware of permit requirements or try to avoid compliance costs.

Permit Condition Violations

• Failing to develop or implement a SWPPP
• Not installing required erosion controls
• Failing to conduct required inspections
• Allowing sediment-laden runoff to leave the site
• Improper concrete washout or material storage

What CWA Violations Signal About a Contractor

A pattern of stormwater violations often indicates broader compliance problems. Contractors who cut corners on environmental controls may also be cutting corners on OSHA safety requirements or workers' compensation coverage.

RCRA Hazardous Waste

The Resource Conservation and Recovery Act regulates hazardous waste from generation to disposal. Construction activities that may generate RCRA hazardous waste include:

Common Construction Hazardous Wastes

• Lead paint debris from renovation or demolition
• Asbestos-containing materials (also regulated under CAA)
• Contaminated soil from site excavation
• Solvents and cleaning chemicals
• Used oil and petroleum products
• Mercury-containing equipment (thermostats, switches)
• PCB-containing materials

Generator Requirements

Contractors who generate hazardous waste must:

• Determine whether waste is hazardous (through testing or knowledge)
• Obtain an EPA ID number if generating above threshold quantities
• Store waste properly in labeled, closed containers
• Ship waste using licensed transporters and proper manifests
• Dispose of waste only at permitted facilities

Violation Examples

RCRA violations tracked in ECHO include:

• Failing to obtain required EPA ID number
• Improper storage (open containers, missing labels, exceeded time limits)
• Disposal at unpermitted facilities
• Failure to maintain proper manifests and records
• Illegal dumping of hazardous waste

Why this matters for GCs: If you hire a demolition or renovation subcontractor with RCRA violations, you could face liability for improper disposal on your project. RCRA violations are a serious red flag in federal database checks.

Penalty Amounts

EPA adjusts civil penalty amounts annually for inflation. Current maximum penalties (2025):

Clean Water Act

• Administrative Penalties: Up to $27,502 per day per violation (Class I) or $61,108 per day with a $305,546 maximum per order (Class II)
• Civil Judicial Penalties: Up to $61,108 per day per violation
• Criminal Penalties: Fines and imprisonment for willful or knowing violations

RCRA

• Civil Penalties: Up to $70,117 per day per violation
• Criminal Penalties: For knowing violations, fines up to $50,000 per day and imprisonment up to 2 years (longer for knowing endangerment)

Clean Air Act

• Civil Penalties: Up to $56,460 per day per violation (up to $113,738 for certain violations)

Settlement Terms

EPA enforcement actions often result in settlements that include:

• Civil penalty payment
• Injunctive relief (actions required to return to compliance)
• Supplemental Environmental Projects (SEPs)—beneficial environmental projects beyond legal requirements
• Corrective action for environmental damage

Real-World Enforcement: Construction Industry

EPA regularly pursues construction-related violations. One major homebuilder agreed to settle alleged Clean Water Act violations involving more than 600 stormwater violations across multiple states for $4.1 million. The violations included failing to implement erosion controls, allowing sediment-laden runoff, and permit condition violations.

Even mid-size contractors face significant penalties. A California excavation company paid $287,000 for unpermitted fill discharge into wetlands. A demolition contractor in the Southwest received a $95,000 penalty for RCRA violations involving improper asbestos disposal.

Using ECHO for Contractor Vetting

When vetting contractors, particularly those working in earthwork, demolition, renovation, or hazardous material handling, check ECHO for environmental compliance history.

How to Search ECHO

1. Go to echo.epa.gov
2. Click "Facility Search" in the top navigation
3. Enter the contractor's business name in the "Facility Name" field
4. Optionally filter by state or zip code to narrow results
5. Click "Search" and review the results
6. Click on a facility name to view the Detailed Facility Report

What to Look For

• High Priority Violation (Red): Active EPA enforcement priority. This is a significant red flag requiring further investigation.
• Pattern of Violations: Multiple violations over the past five years suggest systemic compliance problems.
• Violation Types: RCRA hazardous waste violations are particularly concerning for contractors handling demolition or renovation.
• Penalty Amounts: Large penalties indicate serious violations with environmental impact.
• Enforcement Actions: Formal enforcement (administrative orders, consent decrees) beyond informal notices.

Red Lines for Disqualification

Consider disqualifying a subcontractor if ECHO shows:

• Any current "Significant Noncompliance" (red) status
• 3+ violations in the past 5 years
• Any RCRA hazardous waste violations (for demo/renovation subs)
• Unpermitted discharge violations (for earthwork subs)
• Penalties exceeding $50,000 in aggregate

Interpreting Results

Keep in mind that ECHO tracks facilities, not companies directly. A contractor may have compliance history at multiple facility locations. Violations identified in ECHO are often "alleged violations" based on inspections or self-reports that assist tracking through the enforcement process—they do not necessarily represent final adjudication.

Interpreting Results

Keep in mind that ECHO tracks facilities, not companies directly. A contractor may have compliance history at multiple facility locations. Violations identified in ECHO are often "alleged violations" based on inspections or self-reports that assist tracking through the enforcement process—they do not necessarily represent final adjudication.

Frequently Asked Questions