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Water: Stormwater

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”).

FINAL 2012 CONSTRUCTION GENERAL PERMIT

On February 16, 2012, EPA  issued the final 2012 CGP (PDF) (165 pp, 4.3MB, About PDF). For more information, refer to the following: FR Notice (PDF) (5 pp, 180K, About PDF).  The 2012 CGP replaces the 2008 CGP (which expired on February 15, 2012), and will provide coverage for eligible new and existing construction projects for a period of five years.

 

The 2012 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 included 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. Because the numeric limit for turbidity has been stayed, EPA and authorized states are no longer required to incorporate the numeric turbidity limitation and monitoring requirements into their permits.

Coverage under the 2012 CGP will be available for eligible construction activities in the following areas:

  • 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
  • Areas within Colorado, Delaware, Vermont, Washington subject to construction by Federal Operators
  • Limited areas of Oklahoma and Texas

Please check Appendix B (PDF) (5 pp, 98K, About PDF) for the list of areas eligible for coverage.

EPA's Final 2012 Construction General Permit and Related Documents:

Additional CGP Information and Resources:
Previous Versions of EPA's Construction General Permit:

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