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EPA Construction General Permit
OVERVIEW
Construction activities (which include soil disturbing activities such as clearing, grading, excavating, stockpiling, etc.) 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 NPDES stormwater program. Operators of regulated construction sites are required to develop stormwater pollution prevention plans; to implement sediment, erosion, and pollution prevention control measures; and to obtain coverage under a state or EPA NPDES permit.
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, most construction activities are regulated under the Construction General Permit (CGP). The CGP outlines a set of provisions construction operators must follow to comply with the requirements of the NPDES stormwater regulations. Construction operators intending to seek coverage under EPA's CGP may use the electronic Notice of Intent (eNOI) form or file an NOI by mail. Construction & Development Effluent Limitations Guideline
On December 1, 2009, EPA published effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants fro construction sites. The Construction and Development ELG, or C&D rule, becomes effective on February 1, 2010. After this date, all permits issued by EPA or states must incorporate the final C&D rule requirements.
2008 Construction General Permit
In July 2008, EPA issued its final 2008 CGP. The 2008 CGP is a three-year permit, which will expire on or before June 30, 2011. (Note: EPA extended the term of the 2008 CGP (PDF) (4 pp, 91K) by one year on January 28, 2010.) By June 30, 2011, EPA will issue a new CGP, which will incorporate the new C&D rule requirements. EPA expects to propose modifications to the existing CGP for public comment in the summer of 2010.
The 2008 CGP 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 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  . Please go to their website to find out how to submit your Notice of Intent.):
- 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.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). For more information about the proposed one-year extension of the 2008 CGP, see Questions and Answers about the Proposal to Extend the 2008 CGP (PDF) (3 pp, 25K).
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