United States Office of Water
Environmental Protection 4303M
Agency
Fact Sheet
EPA's Draft General Permit for Stormwater
Discharges from Construction Activities
Summary
The U.S. Environmental Protection Agency (EPA) will be issuing a draft National
Pollutant Discharge Elimination System (NPDES) general permitforstoimwater
discharges from construction activities. The Agency will seek public comment on the
proposed general permit for 60 days following the publication of the Federal Register
notice. EPA plans to finalize this permit prior to the expiration of the 2008 Construction
General Permit (June 30, 201 1 ).
Background
Construction sites disturbing one or more acres of land or smaller sites that are part of a
common plan of development or sale are required to obtain NPDES permit coverage for
their stormwater discharges. Since 1992, EPA has issued a series of Construction
General Permits (CGPs) that provide permit coverage in states where EPA is the
permitting authority. At present, EPA is the permitting authority in four states (i.e.,
Idaho, Massachusetts, New Hampshire, and New Mexico); the District of Columbia;
Puerto Rico; all other U.S. territories, with the exception of the U.S. Virgin Islands;
federal facilities in four states (i.e., Colorado, Delaware, Vermont, and Washington); and
most Indian lands and for a few other specifically designated activities in specific states.
The proposed CGP will provide coverage for eligible new and existing construction
projects for a period of five years. The proposed CGP will include a number of
modifications from its predecessor, many of which are necessary to implement the new
Effluent Limitations Guidelines (ELGs) for the Construction and Development (C&D)
point source category.
C&D Rule Effluent Limitations Guidelines
EPA finalized the Effluent Limitations Guidelines and New Source Performance
Standards for the construction and development industry on December 1, 2009 (i.e., the
C&D rule). The C&D rule became effective on February 1, 2010; after which all NPDES
construction stormwater permits are required to incorporate the C&D rule requirements
once their current permit expires. EPA must incorporate the provisions of the C&D rule
into its next CGP.
The requirements in the C&D rule include a suite of non-numeric effluent limitations that
apply to all permitted construction sites. (See 40 CFR 450.21 .) The non-numeric
effluent limits include requirements for:
• Erosion and Sediment Controls;
• Soil Stabilization;
• Dewatering;
• Pollution Prevention Measures;
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• Prohibited Discharges; and
• Surface Outlets.
The C&D rule also included a numeric limit for turbidity. However, EPA discovered after
promulgation that the data used to calculate the numeric limit was misinterpreted. The
Agency initiated a stay for the numeric limit for turbidity until June 30, 2011, so that the
limit can be recalculated. EPA's proposed CGP will include language that implements
the C&D rule's non-numeric limits and include a placeholder for the recalculated
numeric turbidity limit. It will also include corresponding permit requirements for
monitoring, reporting, and the acreage threshold. Following the promulgation of a
recalculated numeric turbidity limit, EPA will include the revised limit in the finalized
CGP.
Summary of Proposed CGP
The proposed CGP will include a number of new provisions relating not only to the C&D
rule effluent limits, but also to enhanced protections for impaired or other sensitive
waters. In addition, the proposed permit will be modified from the existing 2008 permit
to improve its readability, clarity, and enforceability. Some of the significant proposed
permit modifications in the proposed CGP will include new requirements for:
• Eligibility for emergency-related construction;
• Required use of the electronic Notice of Intent process;
• Sediment and erosion controls;
• Soil stabilization;
• Pollution prevention;
• Site inspections;
• Stormwater Pollution Prevention Plans; and
• Permit termination.
For further information about this notice, please write to:
Mr. Greg Schaner
U.S. Environmental Protection Agency, Office of Water (4203M)
1200 Pennsylvania Ave. N.W.
Washington, D.C. 20460
e-mail: schaner.qreq(S)epa.qov
Ms. Erika Farris.
U.S. Environmental Protection Agency, Office of Water (4203M)
1200 Pennsylvania Ave. N.W.
Washington, D.C. 20460
e-mail: farhs.erika(S)epa.qov
For additional information on the CGP or to view or download the complete text of the
Federal Register notice, please visit: http://www.epa.qov/npdes/stormwater/cqp
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