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National Pollutant Discharge Elimination System (NPDES) |  |
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EPA Construction General PermitOVERVIEWConstruction 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. Final 2008 Construction General PermitEPA has issued a final 2008 Construction General Permit (CGP) that covers discharges of stormwater from certain construction sites. This permit contains substantially the same terms and conditions as the 2003 CGP. In response to comments on the proposal, EPA has reorganized the content of the permit to better clarify existing requirements. This CGP has been 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. Coverage under the 2008 CGP is now available for eligible construction activities in the following areas:
Coverage under the 2008 CGP was issued due to the ongoing state Clean Water Act 401 certification process. Permit coverage under the 2008 CGP is still not available for Indian Country lands in Michigan, Minnesota, New York, and Wisconsin. Please check Appendix B of the 2008 CGP (PDF) (6 pp, 122K) for the list of areas eligible for coverage. The Agency will update this section as States and Tribes complete the certification process. Operators of "new" construction sites in these areas 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, until permit coverage is available under the 2008 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 also in the process of developing a national regulation (called an Effluent Limitations Guideline) for the construction and development industry. Upon completion of the Effluent Guideline, the Agency will develop and issue an updated CGP that incorporates the provisions of the Effluent Guideline as soon as possible, but not later than July 2010. 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)
WHAT CAN I FIND ON THIS WEB SITE?
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