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EPA Construction General Permit

OVERVIEW

Construction activities (including other land-disturbing activities) that disturb one acre or more are regulated under the NPDES stormwater program. On March 10, 2003, new regulations came into effect that extended coverage to construction sites that disturb one to five acres in size, including smaller sites that are part of a larger common plan of development or sale. Sites disturbing five acres or more were regulated previously.

Operators of regulated construction sites are required to develop and implement stormwater pollution prevention plans and to obtain permit coverage from an authorized state or from EPA, if the state is not authorized by EPA to issue NPDES permits.

Most states are authorized to implement the NPDES permit program, including the stormwater program. Use this list to determine if your state operates the NPDES stormwater program. Please contact your permitting authority to determine the specific requirements that apply to you.

Where EPA is the permitting authority, the Construction General Permit (CGP) outlines a set of provisions construction operators must follow to comply with the requirements of the NPDES stormwater regulations. The CGP covers any site one acre and above, including smaller sites that are part of a larger common plan of development or sale, and replaces and updates previous EPA permits. (Note: Construction activities in EPA Region 4 are covered by a separate construction permit. See this list for details.)

Permittees may contact the Notice of Intent (NOI) Processing Center via on-line form or at (866) 352-7755 for questions about filing by mail.

2008 Construction General Permit

In July 2008, EPA issued its final 2008 Construction General Permit (CGP) that covers discharges of stormwater from certain construction sites. The 2008 CGP contains substantially the same terms and conditions as the 2003 CGP. This CGP was issued for a two-year time period and applies only to new discharges. Construction site operators with permit coverage under the 2003 CGP may continue to operate under the terms of conditions of that permit and need not file a new NOI.

On October 19, 2009, EPA issued a notice in the Federal Register to propose extending the 2008 CGP (PDF) (5 pp, 63K) by one year to June 30, 2011 to allow the Agency sufficient time to properly incorporate into a new CGP, the national clean water standards, known as effluent limitation guidelines, for the construction and development industry that will be published by December 1, 2009.

Coverage under the 2008 CGP is available for eligible construction activities in the following areas (Note: As of October 31st, 2009, the Alaska Department of Environmental Conservation is now the stormwater permitting authority in Alaska . Please go to their website to find out how to submit your Notice of Intent.):

Idaho, Massachusetts, New Hampshire, New Mexico, District of Columbia
American Samoa, Guam, Johnston Atoll, Midway and Wake Islands, North Mariana Islands, Puerto Rico
Indian Country lands within Alaska, Arizona, California, Colorado, Connecticut, Idaho, Iowa, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Washington, Wisconsin, Wyoming
Federal Facilities within Colorado, Delaware, Vermont, Washington
Limited areas of Oklahoma and Texas

Please check Appendix B of the 2008 CGP (PDF) (6 pp, 146K) for the list of areas eligible for coverage. The Agency will update this section as States and Tribes complete their Clean Water Act Section 401 certification process, which is required before the permit can be issued in these areas. Operators of "new" construction sites in areas where permit coverage is unavailable under the 2008 CGP should comply with the 2003 CGP, including installing and maintaining stormwater controls at their site and developing a Stormwater Pollution Prevention Plan (SWPPP) in conformance with the 2003 CGP. EPA's Office of Enforcement and Compliance Monitoring issued a low enforcement priority memo (PDF) (2 pp, 122K) indicating that the Agency will not pursue enforcement actions against dischargers in these areas who are unable to obtain permit coverage but are meeting the requirements described in the 2003 CGP.

EPA is in the process of developing a national regulation (called an effluent limitations guideline) for the construction and development industry. Upon completion of the Construction and Development Effluent Guideline, the Agency will develop and issue an updated CGP that incorporates the provisions of the effluent guideline as soon as possible. EPA has proposed to extend the 2008 CGP by one year in order to allow for sufficient time to incorporate the new guideline. For more information about the final 2008 CGP and its relationship to the effluent guideline, see Questions and Answers about the Final 2008 CGP (PDF) (2 pp, 68K). For more information about the proposed one-year extension of the 2008 CGP, see Questions and Answers about the Proposal to Extend the 2008 CGP (PDF) (3 pp, 25K).