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Applying for Coverage under EPA's Construction General Permit (CGP)

Who Needs Coverage

In general, you need to apply for permit coverage if your construction site will disturb one or more acre of land, or will disturb less than one acre of land but is part of a common plan of development or sale that will ultimately disturb one or more acres of land, 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).

If you elect to apply for coverage under the 2012 CGP, you must follow the process in the section below, entitled “How to Obtain Permit Coverage.” The 2012 CGP only applies in areas where EPA is the permitting authority. Refer to this list or to Appendix B (PDF) (5 pp, 98K) to determine if your project occurs in an area where EPA is the permitting authority.

Attention operators with permit coverage under the 2008 Construction General Permit (CGP): The 2008 CGP expired on February 15, 2012, and therefore, permit coverage for any projects covered under the 2008 CGP is considered to be expired. If your project was covered under the 2008 CGP and has not yet completed, you must immediately apply for coverage under the 2012 CGP. Note that EPA is no longer processing Notice of Terminations for projects covered under the 2008 CGP.

How to Obtain Permit Coverage

Step 1. Read the 2012 Construction General Permit (CGP) and fact sheet. A copy of the Final 2012 CGP (PDF) (165 pp, 4.4MB) and 2012 CGP Permit Fact Sheet (PDF) (135 pp, 1.4MB) can be downloaded from this site.

Step 2. Note that this permit only applies in areas where EPA is the permitting authority. You can review this list or Appendix B (PDF) (5 pp, 98K) to determine if your construction project is located in an area that is eligible for coverage. You must also ensure that you meet the other eligibility requirements, including endangered species (PDF) (7 pp, 161K) and historic properties (PDF) (4 pp, 122K) requirements.

Step 3. Develop 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 a SWPPP and the implementation of appropriate best management practices is available from EPA. SWPPPs must be developed in accordance with the 2012 CGP prior to submitting a Notice of Intent (NOI) form to obtain permit coverage.

Step 4. Complete and submit an NOI for your project at least 14 calendar days prior to the commencement of construction at your site, with the exception of the specific types of projects listed in the table below. You must submit a complete and accurate NOI to EPA to be covered under the CGP. You are required to fill out your NOI using EPA's electronic Notice of Intent (eNOI) system. However, you may contact the EPA Regional Office that corresponds to the location of your site for approval to use a paper form. If you are given approval by the EPA Regional Office, and you elect to use it, you must complete the paper NOI form in Appendix J (PDF) (8 pp, 367K).

It is important to understand that signing and submitting the NOI form obligates you to comply with the terms of the CGP.

DEADLINES FOR SUBMITTING YOUR NOI AND YOUR DATE OF PERMIT COVERAGE

Type of Construction Project Deadlines for Operators to Submit NOI Official Start Date for Permit Coverage
New project You must submit your NOI at least 14 calendar days prior to commencing earth-disturbing activities. You are considered covered under this permit 14 calendar days after EPA has acknowledged receipt of your NOI on the Agency’s website (www.epa.gov/npdes/stormwater/cgpnoisearch), unless EPA notifies you that your authorization has been delayed or denied.
Existing project Immediately. You are considered covered under this permit 14 calendar days after EPA has acknowledged receipt of your NOI on the Agency’s website (www.epa.gov/npdes/stormwater/cgpnoisearch), unless EPA notifies you that your authorization has been delayed or denied.
New operator of a new or existing project You must submit your NOI at least 14 calendar days before the date the transfer to the new operator will take place. You are considered covered under this permit 14 calendar days after EPA has acknowledged receipt of your NOI on the Agency’s website (www.epa.gov/npdes/stormwater/cgpnoisearch), unless EPA notifies you that your authorization has been delayed or denied.
Emergency-related projects No later than 30 days after construction commencement. You are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied.

Modifying a Notice of Intent (NOI)

You must use the eNOI system to modify your NOI, unless the Regional Office has given you approval to file a paper NOI. Note that if you will be increasing your disturbed acreage by one or more acres, the new disturbed acreage will be subject to a 14-day review process. During this review process, you may continue to operate on the original disturbed acreage indicated on your original NOI, but must wait until the 14-day review process has ended before operating on the new acreage, unless EPA notifies you that your authorization to operate on the new acreage has been delayed or denied. If given approval by the Regional Office to submit a paper NOI form, use this suggested format (PDF) (4 pp, 234K) for modification of your paper NOI.

How to Terminate Permit Coverage

You must use the eNOI system to submit a Notice of Termination (NOT), unless the Regional Office has given you approval to file a paper NOT. If given approval by the Regional Office to submit a paper NOI form, you must complete the paper NOT form in Appendix K (PDF) (4 pp, 194K).

Permit Waivers

Three waivers are available to operators of small construction sites (1-5 acres). (See Appendix C: Small Construction Waivers and Instructions (PDF) (4 pp, 87K) of the 2012 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 Paper Forms

Forms submitted by mail are sent to EPA's Notice of Intent Processing Center. Upon receipt of a complete form with an original signature in ink (no copies), EPA's Notice of Intent Processing Center will send the applicant an acknowledgement letter including a tracking number. Permittees may contact the NOI Processing Center via email at noi@avanticorporation.com (noi@avanticorporation.com) 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 Regular U.S. Mail Delivery:
Stormwater Notice of Intent Processing Center
Mail Code 4203M
U.S. EPA
1200 Pennsylvania Avenue, NW
Washington, DC 20460

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

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Last updated on September 10, 2013 10:08 AM
URL:http://cfpub1.epa.gov/npdes/stormwater/application_coverage.cfm