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EPA Construction General Permit

OVERVIEW

Stormwater discharges from construction activities (such as clearing, grading, excavating, and stockpiling) that disturb one or more acres, or smaller sites that are part of a larger common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) stormwater program. Prior to discharging stormwater, construction operators must obtain coverage under an NPDES permit, which is administered by either the State (if it has been authorized to operate the NPDES stormwater program) or EPA, depending on where the construction site is located.

Where EPA is the permitting authority, construction stormwater discharges are almost all permitted under the Construction General Permit (CGP). The CGP requires compliance with effluent limits and other permit requirements, such as the development of a SWPPP. Construction operators intending to seek coverage under EPA's CGP must submit a Notice of Intent (NOI) certifying that they have met the permit’s eligibility conditions and that they will comply with the permit’s effluent limits and other requirements. To submit the NOI, the operator should use the “eNOI” system (or “electronic NOI system”).

PROPOSED NEW CONSTRUCTION GENERAL PERMIT

On April 25, 2011, EPA published in the Federal Register a proposed draft of its new CGP. Public comments on the draft permit are due by no later than July 11, 2011. For more information, refer to the following:

The proposed new CGP includes a number of modifications to the 2008 CGP, many of which are necessary to implement the new Effluent Limitations Guidelines and New Source Performance Standards for Construction and Development point sources, known as the “C&D rule.” The C&D rule requires construction site operators to meet restrictions on erosion and sediment control, pollution prevention, and stabilization. The C&D rule also includes a numeric turbidity limit for certain larger construction sites, but effective January 4, 2011, EPA has stayed the numeric limitation of 280 NTU that was published in the December 1, 2009 rule. EPA will propose a revised limit in a future rulemaking.

The proposed new CGP will be finalized prior to the expiration of the 2008 CGP (which will now expire on February 15, 2012) and will provide coverage for eligible new and existing construction projects for a period of five years.

EPA hosted a webcast presentation on Tuesday, May 24 to introduce owners and operators of construction sites, members of the public, and State or Tribal permitting authorities to the new requirements of the proposed CGP. An archived copy of the webcast is accessible at EPA's NPDES Training Web Site.

For more information about the proposed CGP, see:

2008 CONSTRUCTION GENERAL PERMIT

In July 2008, EPA issued its 2008 CGP. Coverage under the 2008 CGP is available for eligible construction activities in the following areas (Note: As of October 31, 2009, the Alaska Department of Environmental Conservation is now the stormwater permitting authority in Alaska Exit EPA Site.):
  • 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, 81K) for the list of areas eligible for coverage.

EPA has extended the 2008 CGP from June 30, 2011 to February 15, 2012. The 2008 CGP will now expire on February 15, 2012, by which time the new CGP should be issued.

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Last updated on August 09, 2011 10:17 AM
URL:http://cfpub1.epa.gov/npdes/stormwater/cgp.cfm