Applying for Coverage under EPA's Construction General Permit (CGP)

Who Needs Coverage

In general, you need to apply for permit coverage if your construction site will disturb one or more acre of land, or will disturb less than one acre of land but is part of a common plan of development or sale that will ultimately disturb one or more acres of land, and you are responsible for either:

• The construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., an owner, developer, general contractor); or
• The day-to-day activities at a project which are necessary to ensure compliance with a stormwater pollution prevention plan for the site. (e.g., general contractor).

If you elect to apply for coverage under the 2012 CGP, you must follow the process in the section below, entitled “How to Obtain Permit Coverage Under the 2012 CGP.” The 2012 CGP only applies in areas where EPA is the permitting authority. Refer to this list or Appendix B (PDF) (5 pp, 73K) to determine if your project occurs in an area where EPA is the permitting authority.

Attention operators with permit coverage under the 2008 Construction General Permit (CGP): Construction site operators with active permit coverage under the 2008 CGP for projects that will continue after May 16, 2012³ are required to apply for coverage under the 2012 CGP by no later than May 16, 2012³ . If your project is completed and you qualify for permit termination under Part 6.2 of the 2008 CGP prior to May 16, 2012³ , then you must terminate coverage under that permit prior to May 16, 2012³ . To terminate coverage under the 2008 CGP, you must submit a Notice of Termination (NOT). If you submitted your NOI for coverage under the 2008 CGP through EPA's eNOI system, you must use the eNOI system to terminate your permit coverage. Or, if you submitted a paper NOI for coverage under the 2008 CGP, you may submit a paper NOT form to the NOI processing center.

How to Obtain Permit Coverage Under the 2012 CGP

Step 1. Read the 2012 Construction General Permit (CGP) and fact sheet. A copy of the Final 2012 CGP (PDF) (165 pp, 4.4MB) and 2012 CGP Permit Fact Sheet (PDF) (135 pp, 1.4MB) can be downloaded from this site.

Step 2. Note that this permit only applies in areas where EPA is the permitting authority. You can review this list or Appendix B (PDF) (5 pp, 73K) to determine if your construction project is located in an area that is eligible for coverage. You must also ensure that you meet the other eligibility requirements, including endangered species (PDF) (7 pp, 147K) and historic properties (PDF) (4 pp, 114K) requirements.

Step 3. Develop a Stormwater Pollution Prevention Plan (SWPPP). SWPPPs are detailed plans outlining how sediment and erosion controls and other best management practices will be implemented on a construction site. Guidance on developing an SWPPP and the implementation of appropriate best management practices is available from EPA. SWPPPs must be developed in accordance with the 2012 CGP prior to submitting a Notice of Intent (NOI) form to obtain permit coverage.

Step 4. Complete and submit an NOI for your project at least 14 calendar days prior to the commencement of construction at your site, with the exception of the specific types of projects listed in the table below. You must submit a complete and accurate NOI to EPA to be covered under the CGP. You are required to fill out your NOI using EPA's electronic Notice of Intent (eNOI) system. However, you may contact the EPA Regional Office that corresponds to the location of your site. If you are given approval by the EPA Regional Office, and you elect to use it, you must complete the paper NOI form in Appendix J (PDF) (9 pp, 319K) .

It is important to understand that signing and submitting the NOI form obligates you to comply with the terms of the CGP.

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.

Modifying a Notice of Intent (NOI)

How to Terminate Permit Coverage

You must use the eNOI system to submit a Notice of Termination (NOT), unless the Regional Office has given you approval to file a paper NOT. If given approval by the Regional Office to submit a paper NOI form, you must complete the paper NOT form in Appendix K (PDF) (3 pp, 184K) .

Permit Waivers

Three waivers are available to operators of small construction sites (1-5 acres). (See Appendix C: Small Construction Waivers and Instructions (PDF) (4 pp, 99K) of the 2012 CGP. The Stormwater NPDES permitting authority (in each state) will determine if these waivers will be available to construction site operators.

No waivers for large construction activity (5 acres and above) are available.

How to File Paper Forms

Forms submitted by mail are sent to EPA's Notice Processing Center. Upon receipt of a complete form with an original signature in ink (no copies), EPA's Notice Processing Center will send the applicant an acknowledgement letter including a tracking number. Permittees may contact the NOI Processing Center via on-line comment form or at (866) 352-7755 to determine the status of a particular form.

Submit your forms by mail to one of the following addresses:

For Regular U.S. Mail Delivery:
Stormwater Notice Processing Center
Mail Code 4203M
U.S. EPA
1200 Pennsylvania Avenue, NW
Washington, DC 20460

For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
EPA East Building - Room 7420
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004

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Last updated on May 17, 2012 10:53 AM
URL:http://cfpub.epa.gov/npdes/stormwater/application_coverage.cfm