On February 16, 2022, the Environmental Protection Agency (EPA) Construction General Permit (CGP) will expire. The EPA will issue a revised CGP under the National Pollutant Discharge Elimination System (NPDES) for stormwater discharges from construction activities. The 2022 CGP, which will become effective on February 17, 2022, replaces the 2017 CGP. The new permit will be in effect for the next 5 years (2022 – 2027).
The NPDES stormwater program requires permits for discharges from construction activities that disturb 1 or more acre and for discharges from smaller sites that are part of a larger common plan of development that involves 1 or more acre. The CGP allows operators to discharge stormwater associated with construction activities in locations where the EPA is the NPDES permit authority, including the District of Columbia, Idaho, Massachusetts, New Hampshire, New Mexico, and most Indian Country lands.
WHAT DOES THIS MEAN FOR YOU?
There are implications for both new and existing construction sites, specifically whether to implement or update Stormwater Pollution Prevention Plans (SWPPP) and to submit an updated Notice of Intent (NOI). The guidance is as follows:
- Existing sites currently permitted under the 2017 CGP will have 90 days to update their existing SWPPPs and submit a new Notice of Intent to the EPA via the NPDES eReporting Tool (NeT) following the issuance of the 2022 CGP.
- New sites and projects that seek to discharge stormwater from construction activities will be governed by the new 2022 CGP.
Our project managers and compliance experts can help you understand how this new permit program will affect your project and project timeline.
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