This report of May 2007 provides guidance to construction site operators that need NPDES permit coverage for their stormwater discharges. It also provides guidance to the public and the regulated community on how EPA intends to exercise its discretion in implementing the Clean Water Act and its implementing regulations. The Clean Water Act provisions, EPA regulations and EPA's Construction General Permit described in this document contains legally binding requirements. This document does not substitute for those provisions, regulations or permit, nor is it a regulation or permit itself. It also does not substitute for requirements under State law or construction general permits issued by States. It does not impose legally-binding requirements on EPA, States, or the regulated community, and may not apply to a particular situation based upon the circumstances. EPA and State decisionmakers retain the discretion to adopt approaches on a case-by-case basis that differ from this guidance where appropriate. Any decisions regarding a particular facility will be made based on the applicable statutes and regulations. Therefore, interested parties are free to raise questions and objections about the appropriateness of the application of this guidance to a particular situation, and EPA (or the applicable NPDES permitting authority) will consider whether or not the recommendations or interpretations in the guidance are appropriate in that situation based on the law and regulations. This guidance document occasionally uses language describing mandatory requirements for construction site operators and those covered by a general permit for stormwater discharges from such sites.