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”).

On March 15 from 1:00 to 3:00 pm EST, EPA hosted a webinar to provide the public with an overview of the new 2012 Construction General Permit (CGP) and with an opportunity to ask questions of Agency staff. A copy of the webinar presentation (PDF) (34 pp, 1.29MB) and webinar certificate (PDF) (1 pp, 351K) are available for download.

EPA presented similar material at a second webinar on March 21 from 1:00 to 3:00 pm EST. A copy of the archived webinar recording (MP4) (50MB), webinar presentation (PDF) (38 pp, 1.45MB) and webinar certificate (PDF) (1 pp, 379K) are available for download.

FINAL 2012 CONSTRUCTION GENERAL PERMIT

On February 16, 2012, EPA issued the final 2012 CGP (PDF) (165 pp, 4.4MB) . For more information, refer to the following: FR Notice (PDF) (8 pp, 180K) . 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, 73K) for the list of areas eligible for coverage.

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

• 2012 Construction General Permit (PDF) (165 pp, 4.4MB)
• Parts 1-9 (PDF) (78 pp, 657K)
• Appendix A: Definitions and Acronyms (PDF) (13 pp, 152K)
• Appendix B: Permit Areas Eligible for Coverage (PDF) (5 pp, 73K)
• Appendix C: Small Construction Waivers and Instructions (PDF) (4 pp, 99K)
• Appendix D: Endangered Species Act Requirements (PDF) (7 pp, 147K)
• Appendix E: Historic Properties Requirements (PDF) (4 pp, 114K)
• Appendix F: List of Tier 3, Tier 2, and Tier 2.5 Waters (PDF) (5 pp, 51K)
• Appendix G: Buffer Guidance (PDF) (24 pp, 1.2MB)
• Appendix H: 2-Year, 24-Hour Storm Frequencies (PDF) (4 pp, 1.7MB)
• Appendix I: Standard Permit Conditions (PDF) (9 pp, 209K)
• Appendix J: Notice of Intent (NOI) Form and Instructions (PDF) (8 pp, 319K)
• Appendix K: Notice of Termination (NOT) Form and Instructions (PDF) (4 pp, 194K)
• Question and Answer (PDF) (8 pp, 124K)
• Factsheet (PDF) (135 pp, 1.4MB)
• Short Factsheet (PDF) (2 pp, 131K)

DEADLINES FOR SUBMITTING YOUR NOI AND YOUR DATE OF PERMIT COVERAGE

¹ For new projects in the State of Idaho (except Indian country), if you are scheduled to commence construction activities on or after April 9, 2012, but no later than May 9, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, if you are scheduled to commence construction activities on or after April 13, 2012, but no later than May 13, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects located in the following areas, if you are scheduled to commence construction activities on or after May 9, 2012, but no later than June 8, 2012, you must submit your NOI by no later than 30 days after commencing earth-disturbing activities: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

² For new projects in the State of Idaho (except Indian country), if you are scheduled to commence construction activities on or after April 9, 2012, but no later than May 9, 2012, 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. For new projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, if you are scheduled to commence construction activities on or after April 13, 2012, but no later than May 13, 2012, 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. For new projects located in the following areas, if you are scheduled to commence construction activities on or after May 9, 2012, but no later than June 8, 2012, 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: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

³ For existing projects located in the State of Idaho (except Indian country), NOIs must be submitted by no later than July 8, 2012. For existing projects located in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, NOIs must be submitted by no later than July 12, 2012. For existing projects located in the following areas, NOIs must be submitted no later than August 7, 2012: the Fond Du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac Du Flambeau Band of Lake Superior Chippewa in Wisconsin.

⁴ Note that if you are currently covered under the 2003 or 2008 CGP, this coverage continues until your coverage under this permit begins, provided you have submitted an NOI by the deadline.

WHAT CAN I FIND ON THIS WEB SITE?

• States, Indian Country and Territories where the EPA CGP applies
• Who Needs Coverage
• Stormwater Pollution Prevention Plans and other Helpful Resources
• Application and Termination of CGP Coverage
• Electronic Construction General Permit Notice of Intent
• Endangered Species Act Review
• Approved or Established Total Maximum Daily Load (TMDL) Review
• How to Find Your Site's Latitude and Longitude
• Waivers

Previous Versions of EPA’s Construction General Permit:

• Final 2008 CGP (PDF) (82 pp, 928K)
• Final 2008 CGP Fact Sheet (PDF) (52 pp, 398K)
• 2003 General Permit (PDF) (59 pp, 2MB)
• 2003 Fact Sheet (PDF) (38 pp, 461K)

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Last updated on September 12, 2012 2:11 PM
URL:http://cfpub.epa.gov/npdes/stormwater/cgp.cfm