Applying for Coverage under the Construction General Permit (CGP)

Who Needs Coverage

In general, you need to apply for coverage under the CGP if your construction site will disturb one or more acres* and you are responsible for either:

• The construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., an owner, developer, general contractor), or
• The day-to-day activities at a project which are necessary to ensure compliance with a stormwater pollution prevention plan for the site. (e.g., general contractor)

* (also applies to smaller sites that are part of a larger, common plan of development or sale that is greater than 1 acre in size)

The CGP only applies in states where EPA is the permitting authority. Use this list to determine if your state operates the NPDES stormwater program.

Additional information on who needs to apply for coverage under the CGP.

How to obtain Permit Coverage

Step 1. Read the Construction General Permit (CGP) and fact sheet. A copy of the Final 2008 Construction General Permit (PDF) (87 pp, 1.33MB) and 2008 CGP Permit Fact Sheet (PDF) (57 pp, 398K) can be downloaded from this site.

Step 2. Make sure you are eligible for coverage under the 2008 CGP since it only applies in certain parts of the country. You can review this list or Appendix B (PDF) (6 pp, 146K) to determine if your construction project is eligible for coverage. You must also ensure that you meet the other eligibility requirements, including endangered species and total maximum daily loads.

Step 3. Develop and implement a Stormwater Pollution Prevention Plan (SWPPP). SWPPPs are detailed plans outlining how sediment and erosion controls and other best management practices will be implemented on a construction site. Guidance on developing an SWPPP and the implementation of appropriate best management practices is available from EPA. SWPPPs must be developed in accordance with the CGP prior to submitting a Notice of Intent (NOI) form to obtain permit coverage.

Step 4. Complete and submit a Notice of Intent (NOI). You must submit a complete and accurate NOI to EPA to be covered under the CGP. You can now fill out your NOI by using EPA's electronic stormwater permit application (eNOI). Using the eNOI system to submit your NOI is simple and faster than submitting a paper NOI. However, you can still download a paper copy of the NOI form and instructions (PDF) (5 pp, 721K) and submit it to EPA (see "How to File Forms" below).

It is important to understand that signing and submitting the NOI form obligates you to comply with the terms of the CGP (including development and implementation of a SWPPP).

You are authorized to discharge stormwater from construction activities under the terms and conditions of the 2008 CGP seven (7) calendar days after acknowledgment of receipt of your complete NOI is posted on EPA's NPDES website. The exception to this 7-day timeframe is if EPA delays your authorization based on eligibility considerations of Part 1.3 (e.g., ESA concerns). Under this circumstance, you are not authorized for coverage under this permit until you receive notice from EPA of your eligibility.

Modifying a Notice of Intent (NOI)

You can use this suggested format to submit a modification (PDF) (5 pp, 684K) to a previously submitted Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity. This suggested format can be used where EPA is the NPDES permitting authority. This interactive form can be submitted for NOIs that were either submitted through eNOI or the paper NOI. After the information has been entered on form, print the form on company letterhead, and mail it to the Stormwater NOI Processing Center.

How to Terminate Permit Coverage

After completion of construction activities and final stabilization of the site, an operator must complete and submit a Notice of Termination (NOT) Form (PDF) (3 pp, 400K) to EPA to terminate coverage under the 2008 CGP.

Construction Activity Waivers for Small Sites (1-5 acres only)

Three waivers are available to operators of small construction sites (1-5 acres). (See Appendix D: Small Construction Waivers and Instructions (PDF) (4 pp, 187K) of the 2008 CGP.) The Stormwater NPDES permitting authority (in each state) will determine if these waivers will be available to construction site operators.

No waivers for large construction activity (5 acres and above) are available.

How to File Forms

You can either submit your complete NOI, NOT, or waiver by using EPA's eNOI system or by mail. The eNOI system speeds up the processing time and allows users to view and modify their forms at anytime. Forms submitted by mail are sent to EPA's Notice Processing Center. Upon receipt of a complete form with an original signature in ink (no copies), EPA's Notice Processing Center will send the applicant an acknowledgement letter including a tracking number. Permittees may contact the NOI Processing Center via on-line comment form or at (866) 352-7755 to determine the status of a particular form.

Submit your forms by mail to one of the following addresses:

For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
Room 7420
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004

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Last updated on January 14, 2009 3:41 PM
URL:http://cfpub1.epa.gov/npdes/stormwater/application_coverage.cfm