EPA's Program, Activity-Related Questions, Obtaining Permit Coverage, ELGs, Erosion and
Sediment Control Requirements
About EPA's NPDES Construction Stormwater Permitting Program
What is the National Pollutant Discharge Elimination System (NPDES) program?
What is the EPA Construction General Permit (CGP)?
Why is it important to minimize construction stormwater discharges?
Do state-issued permits have to include identical requirements as the EPA CGP for
stormwater discharges from construction activities?
Activities That Can Be Covered Under the 2022 EPA CGP
What types of construction activities must obtain NPDES permit coverage for their
stormwater discharges?
Are there situations where a permit is not needed?
What if earth disturbance is a normal part of the post-construction use of the site?
If a construction activity does not adversely impact water quality, is coverage under the
CGP still necessary?
My project will disturb less than one acre, but it might be part of a larger common plan of
development or sale. How can I tell and what must I do?
When can you consider future construction on a property to be part of a separate plan of
development or sale?
What if the extent of the common plan of development or sale is contingent on future
activities?
What if the common plan of development or sale actually consists of non-contiguous
separate projects?
Is NPDES permit coverage required for oil and gas construction?
Obtaining CGP Authorization and Terminating Coverage
Who is eligible for coverage under EPA's CGP?
What if I am required to obtain NPDES permit coverage and eligible for coverage under
EPA's CGP, but fail to obtain permit coverage?
What is a Notice of Intent (NOI)?
What type of information must be submitted in an NOI?
Who is responsible for submitting the NOI for EPA CGP coverage?
What is my responsibility as an operator for subcontractors under EPA's CGP?
If I want to pursue EPA CGP coverage, how many NOIs will I have to submit?
My site's disturbances will occur in an area covered by EPA's CGP and in an area
covered under a state-issued construction stormwater permit. Do I need coverage under
both the EPA-issued CGP and the state-issued permit?
Where are NOIs sent?
What is the deadline for submitting an NOI for my construction activities and when is my
official start date for permit coverage after submitting my NOI?
Who should certify/sign the NOI?
Who is authorized to sign the SWPPP, inspection reports, corrective action reports, and
other compliance documents?
The information I submitted on my NOI has changed. Do I need to modify my NOI? If so,
how do I modify it?
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If an operator has permit coverage as part of a larger common plan of development or
sale, can an NOT be filed once the project is complete?
What are my options for meeting the "final stabilization" criteria?
What if the operator(s) changes before the project is completed?
Construction and Development Effluent Limitations Guideline and New Source Performance
Standards
How does EPA's Construction and Development Effluent Limitations Guideline and New
Source Performance Standards (C&D rule) relate to the EPA CGP?
What does the C&D rule require?
Erosion and Sediment Control Requirements in the 2022 EPA CGP
Do I have flexibility in preparing the Stormwater Pollution Prevention Plan (SWPPP) and
selecting stormwater controls for my site?
Will every operator have to have his or her own separate SWPPP or is a joint plan
allowed?
What are the buffer requirements in the EPA CGP and how do I determine my
requirements?
If there is no existing or limited natural vegetation in the 50-foot buffer area between a
receiving water and my site's disturbances, do I need to comply with the buffer
requirements?
If I provide an undisturbed 50-foot, natural buffer consistent with Part 2.2.1(a)(i), are
perimeter controls still required at the site pursuant to Part 2.2.3?
Is there any flexibility in applying the buffer requirements for small residential lots?
Is there any flexibility in applying the buffer requirements to linear construction projects?
Why will I have to obtain specific authorization to use cationic treatment chemicals under
EPA's CGP?
What are the stabilization deadline requirements in the EPA CGP?
How can I determine if there is drought in the area where my construction project is in
order to qualify for the modified stabilization deadlines in Parts 2.2.14(b)(i) and
2.2.14(c)(iii)(a) and for the reduced inspection frequencies in Part 4.4.2?
What does it mean to limit disturbances at any one time to 5 acres or less?
Will the stabilization deadline for my site change if disturbances exceed 5 acres?
What are the requirements for impaired and high quality waters in the EPA's CGP?
What does it mean for a waterbody to be impaired for a "sediment-related parameter"?
With regard to the requirement to conduct an inspection within 24 hours of the
occurrence of a rain storm event of 0.25 inches or greater within a 24-hour period or a
discharge caused by snowmelt from a storm event that produces 3.25 inches or more of
snow within a 24-hour period, if a project's normal business hours are Monday through
Friday and a storm occurs on a Saturday, would an inspection be required on Monday?
Or, would an inspection be required on Sunday (i.e., a non-work day)?
What does it take to be considered a "qualified person" for inspections?
Can I electronically prepare and sign the SWPPP, inspection reports, corrective action
reports, and any other compliance documents and maintain them as electronic records?
When am I supposed to begin conducting inspections at my site?
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EPA's NPDES Construction Stormwater Permitting Program
What is the National Pollutant Discharge Elimination System (NPDES) program?
The NPDES program is a Federal permitting program established under the Clean Water
Act (CWA) that reduces pollutants by requiring controls for point source discharges of
pollutants to receiving waters. Point sources are generally defined as discernible,
confined, and discrete conveyances including but not limited to any pipe, ditch,
channel, or conduit from which pollutants are or may be discharged. See CWA section
502 and 40 CFR 122.2 for complete definitions of point source. Certain stormwater
discharges are covered under the NPDES program. For example, discharges from
construction activities that disturb one or more acres, and discharges from smaller sites
that are part of a larger common plan of development or sale, are regulated under the
NPDES program.
What is the EPA Construction General Permit (CGP)?
The EPA CGP is an NPDES permit issued under the authority of the CWA and associated
regulations for stormwater discharges in those areas where EPA is the NPDES permitting
authority. The CGP authorizes the discharge of stormwater (and certain authorized non-
stormwater discharges) from construction sites that disturb one acre or more of land, and
from smaller sites that are part of a larger, common plan of development. This permit
requires operators of such construction sites to implement stormwater controls and
develop a Stormwater Pollution Prevention Plan (SWPPP) to minimize the amount of
sediment and other pollutants associated with construction sites from being discharged
in stormwater.
Why is it important to minimize construction stormwater discharges?
As stormwater flows over a construction site, it can pick up sediment, debris, and
chemicals, and transport them to receiving waters. Stormwater discharges containing
pollutants can cause an array of physical, chemical, and biological impacts on receiving
waters. In addition to sediment and turbidity, a number of other pollutants like metals,
organic compounds, trash, and nutrients associated with construction sites may end up
being discharged to nearby waters. If uncontrolled, the pollutants in these stormwater
discharges can harm plants and animals in the receiving water, increase the costs to
treat any drinking water sources, and change the use of the waterway so that it cannot
be easily used for recreation t.
Sediment can also accumulate in rivers, lakes, and reservoirs, making dredging or other
solutions necessary to improve water storage or navigation capacity. The CGP requires
eligible construction operators to minimize erosion, sediment, and other construction-
related stormwater pollutants.
Do state-issued permits have to include identical requirements as the EPA CGP for
stormwater discharges from construction activities?
No, states are not required to use the requirements in EPA's CGP. State-issued permits
must meet their obligations under the CWA. Nothing in the Act precludes a State from
adopting or enforcing requirements that may be more appropriate to address
discharges in their State or are more stringent or extensive than those required under
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NPDES regulations. Although States may issue permit requirements that differ from EPA's,
many States utilize EPA's permit and content.
Whether EPA, a State or a Tribe issues the permit, the CWA and EPA regulations require
NPDES permits to include requirements that implement the technology-based effluent
limitations for the construction and development industry at 40 CFR part 450. In addition,
where the discharge has the reasonable potential to cause or contribute to an
exceedance of water quality standards, permits must contain water quality-based
effluent limitations as necessary to meet those standards.
Activities That Can Be Covered Under the 2022 EPA CGP
What types of construction activities must obtain NPDES permit coverage for their
stormwater discharges?
In general, any "construction activity" that will disturb one or more acres of land and
discharges stormwater to receiving waters must obtain NPDES permit coverage. This
disturbance includes those construction activities that are part of a common plan of
development or sale that will disturb one or more acres of land and discharge
stormwater to waters of the U.S.. Note that there are situations in which construction
activities can be waived from the requirement to obtain NPDES permit coverage (see
related Q&A entitled "Are there situations where a permit is not needed' for more
information). "Construction activities," as defined in Appendix A of the EPA CGP,
includes earth-disturbing activities, such as the clearing, grading, and excavation of
land, and other construction-related activities (e.g., grubbing, stockpiling of fill materials;
placement of raw materials at the site) that could lead to the generation of pollutants.
Also authorized under the CGP are discharges of stormwater from "construction support
activities," which include construction-related activities that specifically support the
construction activity and involve earth disturbance or pollutant-generating activities of
their own (e.g., activities associated with concrete or asphalt batch plants, equipment
staging yards, materials storage areas, excavated material disposal areas, borrow
areas).
The definition for "construction activity" does not refer to activities such as interior
remodeling, completion of interiors of structures, etc. "Construction activity" also does not
include routine earth disturbing activities that are part of the normal day-to-day
operation of a completed facility (e.g., daily cover for landfills, maintenance of gravel
roads or parking areas, landscape maintenance) nor activities under a state or federal
reclamation program to return an abandoned facility property to an agricultural or open
land use (as opposed to demolition of something in order to build something new).
Are there situations where a permit is not needed?
EPA's stormwater regulations allow NPDES permitting authorities to waive NPDES
permitting requirements for stormwater discharges from small construction sites if the
construction site disturbs less than five acres, and the rainfall erosivity factor ("R" in the
revised universal soil loss equation, or RUSLE) value is less than five during the period of
construction activity. See the Rainfall Low Erosivity Waiver Calculator to determine your R
factor. If you are eligible and EPA is your permitting authority, then you may submit a Low
Erosivity Waiver to EPA.
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If all of the stormwater from the construction activity is captured on-site and allowed to
evaporate, soak into the ground on-site, or is used for irrigation (i.e., not discharged to a
receiving water), you do not need a permit. Under the CWA, it is illegal to have a point
source discharge of pollutants to a receiving water that is not authorized by the CWA. If
you believe there is a potential for a discharge, EPA recommends that you apply for
permit coverage before any potential discharge occurs. The controls that you use to
keep the stormwater on your site so that it does not reach a receiving water must be
effective under any size storm. You may also have an obligation to the relevant
State/Tribe concerning discharges to ground water or impoundment of runoff (e.g.,
water rights).
What if earth disturbance is a normal part of the post-construction use of the site?
The earth disturbing activity has to be part of a project to build, demolish, or replace a
structure (e.g., building, road, pad, pipeline, transmission line) to trigger the need for
permit coverage. Earth disturbance that is a normal part of the long-term use or
maintenance of the property is not "active construction" and does not trigger the need
for NPDES coverage under 40 CFR 122.26(b) (14) (x) or (15) (i). For example, re-grading a
dirt road or cleaning out a roadside drainage ditch to maintain its "as built" state is road
maintenance and not construction. Restoring the original well pad to work over an
existing oil or gas well is operation of a well and not construction. Re-grading and re-
graveling a gravel parking lot or equipment pad is site maintenance and not
construction. Repaving is routine maintenance unless underlying and/or surrounding soil
is cleared, graded, or excavated as part of the repaving operation. Where clearing,
grading, or excavating (i.e., down to bare soils) takes place, permit coverage is required
if at least one acre (separately or as part of a larger plan of development) is disturbed.
Reworking planters that are part of the landscaping at a building is landscape
maintenance and not construction. Applying daily cover at a landfill is simply part of
operating a landfill and not construction.
If a construction activity does not adversely impact water quality, is coverage under the
CGP still necessary?
Waivers are possible only for discharges of stormwater associated with small construction
activity (i.e., construction disturbing less than 5 acres) under certain circumstances. These
waivers are authorized by federal regulation at 40 CFR 122.26(b) (15) (i) (A) & (B) and are
explained in Appendix C of the permit. Waivers are not available for any construction
activity disturbing 5 or more acres, or less than 5 acres if part of a common plan of
development or sale that will ultimately disturb 5 or more acres (or if designated for
permit coverage by EPA).
My project will disturb less than one acre and discharge stormwater, but it might be part
of a larger common plan of development or sale. How can I tell and what must I do?
In many cases, a common plan of development or sale (as defined in Appendix A of the
permit) consists of many small construction projects. For example, an original common
plan of development for a residential subdivision might lay out the streets, house lots, and
areas for parks, schools and commercial development that the developer plans to build
or sell to others for development. All these areas would remain part of the common plan
of development or sale until the intended construction occurs.
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If your smaller project is part of a larger common plan of development or sale that
collectively will disturb one or more acres (e.g., you are building on 6 half-acre residential
lots in a 10-acre development or are putting in a fast food restaurant on a 3/4-acre pad
that is part of a 20-acre retail center) then you need permit coverage. The "common
plan" of development or sale is broadly defined as any announcement or piece of
documentation (including a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, computer design, etc.) or physical
demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating
construction activities may occur on a specific plot. You must still meet the definition of
operator in order to be required to get permit coverage, regardless of the acreage you
personally disturb. As a subcontractor, it is unlikely you would need a permit.
However, where only a small portion of the original common plan of development
remains undeveloped and there has been a period of time where there are no ongoing
construction activities (i.e., all areas are either undisturbed or have been stabilized), you
can re-evaluate your individual project based on the acreage remaining from the
original common plan. If less than five but more than one acre remains to build out the
original common plan, then a permit might still be required, but you can treat your
project as part of a "small" construction activity and it might be eligible for the waivers
available for small construction activities (e.g., one of six lots totaling 2 acres in a 50-acre
subdivision can be treated as part of a 2-acre rather than 50-acre common plan). If less
than one acre remains of the original common plan, your individual project could be
treated as part of a less than one-acre development and no permit would be required.
When can you consider future construction on a property to be part of a separate plan of
development or sale?
After the initial common plan construction activity is completed for a particular parcel,
any subsequent development or redevelopment of that parcel would be regarded as a
new common plan of development. For example, after a house is built and occupied,
any future construction on that lot (e.g., reconstructing after fire, adding a pool or
parking area), would stand alone as a new common plan for purposes of calculating
acreage disturbed to determine if a permit is required. This would also apply to similar
situations at an industrial facility, such as adding new buildings, a pipeline, or new
wastewater treatment facility that was not part of the original plan.
What if the extent of the common plan of development or sale is contingent on future
activities?
EPA recognizes that there are situations where you will not know up front exactly how
many acres will be disturbed, or whether some activities will even occur. If you are not
sure exactly how many acres will be disturbed, you should make the best estimate
possible and might wish to overestimate to ensure you do not run into the situation where
you should have permit coverage, but do not have it. For example, if you originally
estimated less than 5 acres would actually be disturbed and took advantage of the "R"
Factor waiver, but you actually disturbed 5.5 acres, you would lose your waiver and may
have to go through the permit process mid-project. This could result in delays in obtaining
permit authorization and costs associated with contract changes to implement permit
requirements - in addition to being liable for any unpermitted discharges.
If you have a long-range master plan of development where some portions of the
master plan are a conceptual rather than a specific plan of future development and the
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future construction activities would, if they occur at all, happen over an extended time
period, you could consider the "conceptual" phases of development to be separate
common plans provided the periods of construction for the physically interconnected
phases will not overlap. For example, a university or an airport may have a long-range
development concept for their property, with future development based largely on
future needs and availability of funding. A school district could buy more land than
needed for a high school with an indefinite plan to add more classrooms and a sports
facility someday.
What if the common plan of development or sale actually consists of non-contiguous
separate projects?
There are several situations where discrete projects that could conceivably be
considered part of a larger common plan can actually be treated as separate projects
for the purposes of permitting:
i. A public body (e.g., a municipality, state, tribe, or federal agency) need not
consider all their construction projects within their entire jurisdiction to be part of
an overall common plan. For example, construction of roads or buildings in
different parts of a state, city, military base, university campus, etc. can be
considered as separate common plans. Only the interconnected parts of a single
project would be considered to be a common plan (e.g., a building and its
associated parking lot and driveways, airport runway and associated taxiways, a
building complex).
ii. Where discrete construction projects within a larger common plan of
development or sale are located at least 1/4 mile apart and the area between
the projects is not being disturbed, each individual project can be treated as a
separate plan of development or sale provided any interconnecting road,
pipeline or utility project that is part of the same common plan is not concurrently
being disturbed. For example, if a utility company was constructing new trunk
lines off an existing transmission line to serve separate residential subdivisions
located more than 1/4 mile apart, the two trunk line projects could be
considered to be separate projects.
Is NPDES permit coverage required for oil and gas construction?
Oil and gas construction activities are exempt from the requirement to obtain NPDES
permit coverage unless the facility meets one of the conditions in 40 CFR 122.26(c) (1) (iii)
noted below. The following regulations applicable to oil and gas construction activities
are currently in effect:
i. 40 CFR § 122.26(a) (2) The Director may not require a permit for discharges of
storm water runoff from mining operations or oil and gas exploration, production,
processing or treatment operations or transmission facilities, composed entirely of
flows which are from conveyances or systems of conveyances (including but not
limited to pipes, conduits, ditches, and channels) used for collecting and
conveying precipitation runoff and which are not contaminated by contact with
or that has not come into contact with, any overburden, raw material,
intermediate products, finished product, byproduct or waste products located on
the site of such operations.
ii. 40 CFR § 122.26(c)(1) (iii) The operator of an existing or new discharge composed
entirely of storm water from an oil or gas exploration, production, processing, or
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treatment operation, or transmission facility is not required to submit a permit
application in accordance with paragraph (c) (1) (i) of this section, unless the
facility:
Has had a discharge of storm water resulting in the discharge of a
reportable quantity for which notification is or was required pursuant to 40
CFR 117.21 or 40 CFR 302.6 at any time since November 16, 1987; or
Has had a discharge of storm water resulting in the discharge of a
reportable quantity for which notification is or was required pursuant to 40
CFR 110.6 at any time since November 16, 1987; or
Contributes to a violation of a water quality standard.
iii. Also in effect is the provision added to the CWA in accordance with Section 323
of the Energy Policy Act of 2005 defining the term "oil and gas exploration,
production, processing, or treatment operations or transmission facilities" to mean
"all field activities or operations associated with exploration, production,
processing, or treatment operations, or transmission facilities, including activities
necessary to prepare a site for drilling and for the movement and placement of
drilling equipment, whether or not such field activities or operations may be
considered to be construction activity." See 33 U.S.C. § 1362(24).
iv. The exemption at 122.26(c) (1) (iii) does not apply to CWA 404 permits. The
exemption only applies to stormwater discharges from oil and gas exploration,
production, processing or treatment, or transmission facilities (e.g.,
facilities/activities directly related to extraction or basic oil/gas processing such as
fractionation plants, and not to such operations as liquified natural gas (LNG) re-
gasification and ethanol plants). Additionally, if any portion of the construction
activity associated with one of these facilities no longer qualifies for the oil and
gas exemption, the operator must obtain construction stormwater permit
coverage for all subsequent discharges of pollutants to a water of the U.S. from
the site. If the operator determines that all of the construction activities
associated with the facility are in fact exempt, the owner/operator is not required
to obtain NPDES construction stormwater permit coverage (although EPA
encourages development and implementation of a SWPPP). However, if the
project has had a stormwater discharge of a reportable quantity or a stormwater
discharge that contributes to a violation of a water quality standard (e.g.,
sediment discharges violating a water quality criterion or causing loss of fishing
resources), the operator is in violation of the CWA prohibition on the discharge of
a pollutant by a point source to a water of the U.S. without NPDES permit
coverage for any subsequent discharges.
v. For more information about the potential need for permitting of oil and gas
construction activities, see the Oil and Gas Stormwater Permitting webpaqe.
Obtaining CGP Authorization and Terminating Coverage
Who is eligible for coverage under EPA's CGP?
Operators in an area where EPA is the NPDES permitting authority (see Appendix B of the
permit) may be eligible for coverage under EPA's CGP. The CGP applies to operators of
construction activities that will disturb one or more acres of land, or that will disturb less
than one acre but are part of a common plan of development or sale that will ultimately
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disturb one acre or more. Operators requiring permit coverage include any party
associated with a construction activity that meets either of the following two criteria:
i. The party has operational control over construction plans and specifications,
including the ability to make modifications to those plans and specifications (e.g.,
in most cases this is the owner of the site); or
ii. The party has day-to-day operational control of those activities at a project that
are necessary to ensure compliance with the permit conditions (e.g., they are
authorized to direct workers at a site to carry out activities required by the permit;
in most cases this is the general contractor (as defined in Appendix A) of the
project).
Where there are multiple operators associated with the same project, all operators must
obtain permit coverage. Subcontractors generally are not considered operators for the
purposes of this permit.
To be authorized under the CGP, the operator must meet the eligibility requirements
specified in Part 1.1 of the permit. The operator must also submit a Notice of Intent, which
provides certification that the eligibility requirements have been met and that permit
requirements will be complied with.
What if I am required to obtain NPDES permit coverage and eligible for coverage under
EPA's CGP, but fail to obtain permit coverage?
If an operator does not submit a Notice of Intent (NOI) or any individual permit
application for its stormwater discharges from an active construction site, then the
resulting discharges constitute unpermitted discharges in violation of the CWA.
What is a Notice of Intent (NOI)?
EPA's CGP relies on the submission of an electronic document called a Notice of Intent
(NOI) to gain coverage under the permit. An NOI for a general permit is notice to the
NPDES permitting authority (EPA in this instance) of the operator's intent to be covered
under the general permit. An NOI typically contains basic information about the site and
the proposed discharge. By signing and submitting the NOI, the operator is certifying that
the information submitted is true, accurate, and complete, that the operator meets the
eligibility requirements, and that, if and when covered, the operator will comply with the
permit conditions and effluent limitations. A fraudulent or erroneous NOI invalidates
permit coverage. An incomplete NOI delays permit coverage until such time as the NOI
has been completed and the applicable waiting period has passed (i.e. 14 days for the
EPA CGP).
What type of information must be submitted in an NOI?
Operators must provide the following in their NOI for coverage under the EPA CGP:
i. Approval to use a paper NOI form if granted a waiver from electronic reporting
by an EPA Regional Office;
ii. NPDES permit information;
iii. Operator information;
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iv. Project/site information;
v. Discharge information;
vi. Chemical treatment information, if applicable;
vii. SWPPP and Personnel Training information;
viii. Endangered species protection information;
ix. Historic preservation information;
x. Certification of NOI; and
xi. Contact information for NOI preparer.
A paper copy of the NOI is included as Appendix H of the CGP.
Who is responsible for submitting the NOI for EPA CGP coverage?
Any operator of an eligible site that must obtain permit coverage must submit an NOI to
be covered under the permit. The party that meets the first part of the definition of
"operator" (the party that has operational control over construction plans and
specifications, including the ability to make modifications to those plans and
specifications) in most cases will be the owner of the site. The party that meets the
second part of the definition of "operator" (the party that has day-to-day operational
control of those activities at a project that are necessary to ensure compliance with the
permit conditions) in most cases will be the general contractor of the project. Where
there are multiple operators associated with the same project, all parties meeting the
definition of "operator" must submit an NOI to be covered under the EPA CGP if such
coverage is sought.
You are probably not an operator, and therefore are not responsible for submitting an
NOI to be covered under the EPA CGP, if:
i. You are a subcontractor hired by, and under the supervision of, the owner or a
general contractor (i.e., if the general contractor directs your activities on-site); or
ii. You are a utility service line installer whose activities on-site result in an earth
disturbance, but you are not legally a subcontractor or an operator, and there is
another entity with permit coverage for the project and they have a SWPPP that
specifically identifies someone other than you (or your subcontractor) as the
party having responsibility for addressing the impacts your activities might have
on stormwater quality.
What is my responsibility as an operator for subcontractors under EPA's CGP?
Operators covered by the permit must ensure that all activities on the site comply with
the requirements of the permit. Operators are not required to provide or document
formal training for subcontractors or other outside service providers (unless the
subcontractors or outside service providers are responsible for conducting the
inspections required in Part 4, in which case you must provide such documentation
consistent with Part 7.2.2), but operators must ensure that such personnel understand any
requirements of the permit that may be affected by the work they are subcontracted to
perform. See Part 6 of the permit.
If I want to pursue EPA CGP coverage, how many NOIs will I have to submit?
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Each operator for a site must submit one NOI to cover the areas of the site that are under
his/her control. For example, if you are building homes on multiple lots as part of a larger
residential subdivision development, you can submit one NOI to cover all of your lots,
even if they are on opposite sides of the development.
My site's disturbances will occur in an area covered by EPA's CGP and in an area
covered under a state-issued construction stormwater permit. Do I need coverage under
both the EPA-issued CGP and the state-issued permit?
Operators of sites disturbing one or more acres of land where only a portion of the
project occurs in an area where EPA is the NPDES permitting authority (and there will be
a discharge of pollutants through stormwater to receiving waters within the area where
EPA is the permitting authority) need coverage under an EPA-issued construction
stormwater permit (e.g., the CGP), and likely would need coverage from the NPDES
permitting authority(ies) that have jurisdiction over the other portions of the project (i.e.,
from a state or tribal permitting authority) if there will be a discharge of pollutants through
stormwater to receiving waters in the other area. For example, if a project has
contiguous disturbances or disturbances that are part of a common plan of
development or sale that occur both in the State of New Mexico and the State of
Arizona, and the disturbances will total an acre or more of land and will result in the
discharge of pollutants through stormwater in both states, the operator of the project will
need coverage under an EPA-issued stormwater permit (e.g., the CGP) for the
disturbances in New Mexico and, if required by the State of Arizona, an Arizona-issued
stormwater permit (even if the portion of the project in EPA's jurisdiction is less than an
acre).
Where are NOIs sent?
Operators must use EPA's NPDES eReporting Tool (NeT) to electronically prepare and
submit NOIs for coverage under the CGP, unless you receive a waiver from your EPA
Regional Office. Waivers from electronic reporting may be granted based on one of the
following conditions:
i. If your operational headquarters is physically located in a geographic area (i.e.,
ZIP code or census tract) that is identified as under-served for broadband Internet
access in the most recent report from the Federal Communications Commission;
or
ii. If you have limitations regarding available computer access or computer
capability.
If you wish to obtain a waiver from submitting a report electronically, you must submit a
request to the EPA Regional Office. In that request, you must document which
exemption you meet, provide evidence supporting any claims, and a copy of your
completed NOI form. A waiver may only be considered granted once you receive
written confirmation from EPA. If the EPA Regional Offices gives you approval to use a
paper NOI, and you elect to use it, you must complete the form in Appendix H of the
permit. You must also look in Part 9 of the permit to determine if copies of the NOI form
must be sent to a state or Indian tribe.
What is the deadline for submitting an NOI for my construction activities and when is my
official start date for permit coverage after submitting my NOI?
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Type of Operator
NOI Submittal Deadline1
Permit Authorization Date2
Operator of a new site (i.e., a site
where construction activities
commence on or after insert
date)
At least 14 calendar
days before
commencing
construction activities.
14 calendar days after EPA
notifies you that it has
received a complete NOI,
unless EPA notifies you that
your authorization is
delayed or denied.
Operator of an existing site (i.e., a
site with 2017 CGP coveraae
where construction activities
commenced prior to insert date)J
No later than insert 90
days after permit
effective date.
New operator of a permitted
site (i.e., an operator that through
transfer of ownership and/or
operation replaces the operator
of an already permitted
construction site that is either a
"new site" or an "existing site")
At least 14 calendar
days before the date
the transfer to the new
operator will take place.
Operator of an "emergency-
related project" (i.e., a project
initiated in response to a public
emergency (e.g., natural disaster,
disruption in essential public
services), for which the related
work requires immediate
authorization to avoid imminent
endangerment to human health
or the environment, or to
reestablish essential public
services)
No later than 30
calendar days after
commencing
construction activities.
You are considered
provisionally covered under
the terms and conditions of
this permit immediately, and
fully covered 14 calendar
days after EPA notifies you
that it has received a
complete NOI, unless EPA
notifies you that your
authorization is delayed or
denied.
'If you miss the deadline to submit your NOI, any and all disc
narges from your
construction activities will continue to be unauthorized under the CWA until they are
covered by this or a different NPDES permit. EPA may take enforcement action for any
unpermitted discharges that occur between the commencement of construction
activities and discharge authorization.
discharges are not authorized if your NOI is incomplete or inaccurate or if you are not
eligible for permit coverage.
Who should certify/sign the NOI?
The certifier of the NOI for the EPA CGP (i.e., the person who must sign the NOI form
before it is submitted to EPA) must, in accordance with 40 CFR 122.22, be one of the
following:
i. For a corporation: A responsible corporate officer, which means: (i) a
president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who performs
similar policy- or decision-making functions for the corporation, or (ii) the
manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive
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measures to assure long term environmental compliance with
environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
ii. For a partnership or sole proprietorship: A general partner or the
proprietor, respectively.
iii. For a municipality, state, federal, or other public agency: By either a
principal executive officer or ranking elected official. A principal
executive officer of a federal agency includes (i) the chief executive
officer of the agency, or (ii) a senior executive officer having responsibility
for the overall operations of a principal geographic unit of the agency
(e.g., Regional Administrator of EPA).
o Note that the certifier cannot use an authorized representative to certify the EPA
CGP NOI form.
Who is authorized to sign the SWPPP, inspection reports, corrective action reports, and
other compliance documents?
o SWPPPs, corrective action logs, turbidity monitoring reports and other permit
documents can be signed by the person authorized to sign/certify the NOI (see
Q&A above), or by a "duly authorized representative" of the person authorized to
sign/certify the NOI, pursuant to 40 CFR 122.22(b) and Appendix G, Section G.l 1.2
of the EPA CGP. A duly authorized representative may only sign these documents
if:
i. The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity
such as the position of plant manager, operator of a well or a well field,
superintendent, position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company (a duly authorized representative may thus be either a named
individual or any individual occupying a named position); and
ii. The signed and dated written authorization is included in the SWPPP. A
copy will be required to be submitted to EPA, if requested.
o The duly authorized representative cannot be a subcontractor or third party. The
subcontractor or third party may develop the SWPPP, and may conduct
inspections and corrective actions and complete reports, but the actual
signature must be made by the NOI signer/certifier or a duly authorized
representative of a person authorized to sign/certify the NOI.
The information I submitted on my NOI has changed. Do I need to modify my NOI? If so,
how do I modify it?
o Yes, you must update your NOI when information on your original NOI has
changed. To modify an NOI, you may submit a "Change NOI" form using EPA's
NPDES eReporting Tool (NeT). Waivers from electronic reporting may be granted
as specified in Part 1.4.2. If the EPA Regional Office gives you approval to submit
a paper NOI modification, you may indicate any NOI changes on the same NOI
form in Appendix H in the permit. When there is a change to the site's operator, a
new NOI must be submitted by the new operator, and the previous operator must
submit a Notice of Termination (NOT) form as specified in Part 8.3.
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If an operator has permit coverage as part of a larger common plan of development or
sale, can an NOT be filed once the project is complete?
o Yes, once all of the construction activities included in the original NOI are eligible
for termination of coverage under Part 8 of the EPA CGP, then the operator must
submit the NOT in accordance with the permit. Operators do not have to wait for
other portions of the larger common plan of development or sale that they did
not include in their original NOI and do not have control over (i.e. another
operator's site) to be complete before submitting an NOT. However, if portions of
the common plan project that the operator described in the original NOI are
eligible for termination, but other portions are still undergoing active construction
or are yet to be started, then the operator must wait until all portions of the
project that are permitted under that original NOI are completed before
submitting the NOT. For example, if the operator is a general contractor building
homes on multiple lots as part of a larger residential subdivision development,
and the operator has submitted one NOI to cover all of the lots, that operator
would not be able to submit an NOT until all of the lots are eligible for termination.
What are my options for meeting the "final stabilization" criteria?
o In the EPA CGP, you can terminate permit coverage as soon final stabilization has
been achieved on all areas not covered by permanent structures for which you
had control over during construction, provided you have met the other
requirements for terminating coverage. For the purpose of this discussion,
"permanent structure" is used not only in the more traditional sense of "buildings,"
but to refer also to other things built on the ground whose intended purpose
would require it to remain in a non-vegetated condition after construction has
ended (e.g., parking lots, roads, gravel equipment pads, sidewalks, runways). The
permit specifies that final stabilization be achieved through vegetative or non-
vegetative measures.
o Final vegetative stabilization means that operators have established uniform,
perennial vegetation (i.e., evenly distributed, without large bare areas), or for arid
or semi-arid areas, will be established, that provides 70 percent or more of the
cover that was provided by vegetation native to local undisturbed areas.
Perennial vegetation could include grasses, ground covers, trees, shrubs, etc. If
prior to construction the cover on your site is 50 percent of the site, you would be
required to return the site to 35 percent cover (70 percent of 50 percent). For arid,
semi-arid, or drought-stricken areas, where the environmental threat is lower, final
stabilization is considered to have been met if the area you have seeded or
planted to establish vegetation will within three years provide 70 percent or more
of the cover that was provided by vegetation native to local undisturbed areas.
In addition to seeding or planting the area to be vegetatively stabilized in arid
and semi-arid areas, to the extent necessary to prevent erosion on the seeded or
planted area, you must apply non-vegetative erosion controls that provide cover
for at least three years without active maintenance by you. Non-vegetative
erosion controls in this context include what are known as "temporary
degradable rolled erosion control products," a.k.a., "erosion control blankets"
(ECBs).
o Final non-vegetative stabilization means that non-vegetative stabilization
methods have been implemented to provide effective cover for exposed
portions of the site. Examples include, but are not limited to, rip-rap, gravel,
gabions, and geotextiles.
What if the operator(s) changes before the project is completed?
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o If operational control changes, the old operator must submit an NOT and the new
operator must submit an NOI before taking over operational control. In many
instances, operational control changes, but only for a portion of the site. In these
instances, the new operator must:
i. submit an NOI because their site is part of a larger common plan; and
ii. develop their own SWPPP or adopt the SWPPP of the previous owner if it's
still applicable (revisions are likely to be necessary to update the
explanations of the operators and stormwater controls - controls that were
designed for site grading and utility installation for the overall project (e.g.,
perimeter controls) may not be adequate for the single "big box" or home
site.)
Construction and Development Effluent Limitations Guideline and New Source Performance
Standards
How does EPA's Construction and Development Effluent Limitations Guideline and New
Source Performance Standards (C&D rule) relate to the EPA CGP?
o EPA finalized the Effluent Limitations Guidelines and New Source Performance
Standards for the construction and development industry (i.e., the C&D rule) on
December 1, 2009. 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. EPA's 2012 CGP included language that implements the
C&D rule requirements. In March 2014, EPA amended the C&D rule. All new or re-
issued NPDES construction stormwater permits must incorporate the C&D rule
requirements, as amended. Therefore, the 2022 CGP includes revisions that reflect
the 2014 C&D rule amendments, as well as maintains the changes that were
made to the 2012 CGP to incorporate the other portions of C&D rule
requirements not affected by the 2014 amendments.
What does the C&D rule require?
o 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:
i.
Erosion and Sediment Controls:
ii.
Soil Stabilization:
iii.
Dewatering:
iv.
Pollution Prevention Measures:
V.
Prohibited Discharges: and
vi.
Surface Outlets.
Erosion and Sediment Control Requirements in the 2022 EPA CGP
Do I have flexibility in preparing the Stormwater Pollution Prevention Plan (SWPPP) and
selecting stormwater controls for my site?
o Yes. SWPPP requirements were designed to allow maximum flexibility to develop
the needed stormwater controls based on the specifics of the site. Some of the
factors you might consider include: more stringent local development
requirements and/or building codes: precipitation patterns for the area at the
time the project will be underway: soil types: slopes: layout of structures for the
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site; sensitivity of receiving waters; safety concerns of the stormwater controls
(e.g., potential hazards of water in stormwater retention ponds to the safety of
children; the potential of drawing birds to retention ponds and the hazards they
pose to aircraft); and coordination with other site operators.
o The approach and controls used for minimizing pollutants in stormwater
discharges from small construction sites may vary from those used for large sites
since their characteristics can differ in many ways. Operators of small sites may
have more limited access to qualified design personnel and technical
information. Sites may also have less space for installing and maintaining certain
controls. A number of structural controls (mulching, use of inlet protection, or silt
fence) and non-structural controls (minimizing disturbance, good housekeeping)
have been shown to be efficient, cost effective, and versatile for small
construction site operators to implement. As is the case with large construction
sites, erosion and sediment control at small construction sites is best
accomplished with proper planning, installation, and maintenance of controls.
o For eligible small residential lot projects, EPA encourages operators to use the
Small Residential Lot SWPPP template, which provides a streamlined template for
developing the required SWPPP. For information see EPA's
¦ small residential lot template (docx) and
¦ small lot brochure.
Will every operator have to have his or her own separate SWPPP or is a joint plan
allowed?
o The only requirement is that there be at least one SWPPP for a site that
incorporates the required elements for all operators, but there can be separate
plans if individual operators so desire. EPA encourages operators to explore
possible cost savings by having a joint SWPPP for several operators.
What are the buffer requirements in the EPA CGP and how do I determine my
requirements?
o The C&D rule includes a non-numeric effluent limitation to "provide and maintain
natural buffers, unless infeasible." However, it does not specify what size buffer is
necessary to meet the requirement, but rather leaves this and other related
determinations up to the NPDES permitting authority. The 2022 CGP maintains the
specificity added in the 2012 CGP to the C&D rule buffer requirement to ensure
consistent implementation where EPA is the permitting authority.
o To provide maximum flexibility for operators, EPA developed buffer compliance
alternatives in the CGP. One compliance alternative allows operators to provide
a minimum undisturbed natural buffer width of at least 50 feet between the site's
disturbances and any receiving waters occurring within 50 feet of the
construction site. Alternatively, the operator can choose to establish a smaller
buffer or no buffer, if establishing a 50-foot or any buffer is infeasible, as long as
other controls are implemented that ensure that the equivalent level of sediment
load reduction is achieved as a 50-foot natural buffer. EPA also established more
flexible compliance alternatives for linear construction sites and for small
residential lots. To learn more about EPA's buffer requirements and how to
comply with them, see Appendix F in the permit.
If there is no existing or limited natural vegetation in the 50-foot buffer area between a
receiving water and my site's disturbances, do I need to comply with the buffer
requirements?
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o If the 50-foot area between your site's disturbances and a receiving water (i.e.,
the buffer area) is completely occupied by preexisting development
disturbances (e.g., impervious cover), EPA would consider there to be no
preexisting natural buffer area on your site and would consider it infeasible to
provide and maintain a natural buffer, and you would be exempt from the buffer
requirements in the EPA CGP. For example, the buffer requirements would not
apply if a waterfront promenade completely occupied the 50-foot buffer area.
o For any buffer areas that are only partially occupied by preexisting development
disturbances, the buffer requirements in the EPA CGP will apply. The buffer
requirements also apply to areas in the 50-foot buffer where natural vegetation is
limited or nonexistent (e.g., rocky or sandy areas) and that are otherwise not
occupied by preexisting development disturbances.
o For any natural buffer areas on your site with limited vegetation or where there
are preexisting development disturbances partially occupying the area, the
permit does not require that the natural buffer area in existence be enhanced
(e.g., through establishment of new vegetation). Compliance can be achieved
simply by retaining and protecting from construction activities the natural buffer
that existed prior to the commencement of construction. Or, if you will be
conducting new disturbances within the 50-foot buffer area, to comply with the
permit you would only be required to compensate for the loss in buffer sediment
removal function resulting from your project's new disturbances; you do not have
to compensate for the preexisting development disturbances. EPA provides an
example for how this calculation could be done in Appendix F of the permit (see
Attachment 3).
If I provide an undisturbed 50-foot, natural buffer consistent with Part 2.2.1(a)(i), are
perimeter controls still required at the site pursuant to Part 2.2.3?
o Yes. The requirement to provide and maintain a natural buffer or its equivalent in
Part 2.2.1 is independent of (and does not substitute for) the requirement in Part
2.2.3 to install perimeter controls along areas of the site that will receive pollutant
discharges. Therefore, where an operator complies with Part 2.2.1 by providing
and maintaining a full 50-foot, natural buffer between its construction activities
and any receiving waters, it must also install perimeter controls to meet the
requirement in Part 2.2.3. The Construction and Development Effluent Limitation
Guidelines and New Source Performance Standards require construction sites to
provide and maintain natural buffers around Waters of the U.S. (40 CFR
§450.21 (a)(6)) and minimize sediment discharges from the site (40 CFR
§450.21 (a)(5)), which EPA implements in the CGP in Parts 2.2.1 and 2.2.3.
Is there any flexibility in applying the buffer requirements for small residential lots?
o Yes. EPA recognizes that operators on small residential lots (i.e., lots being
developed for residential purposes that will disturb less than one acre of land, but
are part of a larger residential project that will ultimately disturb greater than or
equal to one acre) that are constructing within the 50-foot buffer area may, due
to limited technical resources, have difficulty determining the necessary
supplemental erosion and sediment controls to provide the equivalent sediment
removal function of a 50-foot buffer. Because of this, and due to the lower risk of
sediment discharge from these sites, EPA provides in the permit two streamlined
compliance options to assist operators of small residential lots in meeting the
proposed permit's buffer requirements.
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o The first compliance option identifies the minimum specific controls that an
operator of a small residential lot would need to implement based on the buffer
width to be retained. For example, Small Residential Lot Compliance Alternative 1
specifies that, if you retain a buffer width of 30 feet or less, you would need to
provide the following: (1) a double row of perimeter controls between the
disturbed portion of your site and the surface water spaced a minimum of five (5)
feet apart, and (2) completion of stabilization within seven (7) calendar days of
the temporary or permanent cessation of earth-disturbing activities.
o The second compliance alternative specifies the controls the operator of the
small lot would need to implement based on both the buffer width to be retained
and the site's relative risk of sediment discharge. Operators on small lots must first
determine their site's sediment risk level (i.e., High, Moderate, or Low) based on
their location, soil type, and slope using the tables provided in Appendix F in the
proposed permit. Based on the site's risk level and the width of buffer to be
retained, Small Residential Lot Compliance Alternative 2 then specifies the
controls to be implemented. For example, if your site is of "Moderate" sediment
discharge risk and you are able to retain a 35-foot buffer, you must provide a
double row of perimeter controls between the disturbed portion of your site and
the surface water spaced a minimum of five (5) feet apart. See Appendix F in the
permit for details about these compliance alternatives.
Is there any flexibility in applying the buffer requirements to linear construction projects?
o Yes. EPA recognizes that dispersal of stormwater discharges through adjacent
vegetation is a common practice on many linear project sites, and therefore
operators of linear construction sites will in many cases find it feasible to treat
stormwater discharges through vegetated buffers. However, EPA recognizes that
operators of linear construction sites may have difficulty in fully complying with
each of the compliance alternatives due to site constraints (i.e., operators of
linear construction sites may not be able to provide the full 50-foot naturally
vegetated buffer width). For this reason, EPA has provided a more flexible
alternative to the buffer compliance alternatives in the CGP. The permit requires
operators of linear construction sites to retain as much natural buffer as feasible,
and/or to the extent feasible provide supplemental erosion and sediment
controls in the buffer area. For example, if a linear construction site has only ten
feet of right-of-way between the disturbed area and a stream, permit
compliance can be achieved by providing a ten-foot natural buffer, or by
providing a narrower buffer (e.g., five feet) and additional erosion and sediment
controls (e.g., a fiber roll barrier in addition to the perimeter control), or by
providing exclusively erosion and sediment controls. Note that operators must
document in their SWPPP their rationale as to why it is infeasible to comply with
the buffer requirements in Part 7.2.6(b) (i)(e), and describe any buffer width
retained and/or supplemental erosion and sediment controls installed.
Why will I have to obtain specific authorization to use cationic treatment chemicals under
EPA's CGP?
o EPA conducted research regarding the relative toxicity of cationic chemicals for
aquatic species. EPA confirmed that cationic chemicals have been found to be
acutely toxic to some species. EPA's research is encapsulated in a memorandum
entitled "Literature Survey of Polymer Toxicity for Construction General Permit
(CGP) Work Group" (Office of Research and Development, November 2011),
which is available in the docket for the final 2012 CGP.
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o In addition to the public comments and the Agency's aquatic toxicity research,
EPA considered approaches that state permitting programs have taken to
address cationic treatment chemicals. EPA found that where cationic chemicals
are specifically addressed, the use of these chemicals is heavily conditioned.
These considerations, in addition to EPA's research, led EPA to the conclusion that
the use of cationic treatment chemicals at construction sites is best managed if
its proposed use is subject to a greater degree of individualized review. For that
reason, EPA has provided for site-specific authorization if a site intends to use
cationic treatment chemicals during construction. In authorizing the use of such
chemicals, EPA may identify additional stormwater control measures that are
needed in order to ensure that discharges meet applicable water quality
standards.
o The CGP authorizes the use of anionic polymers, flocculants, or other treatment
chemicals at sites provided operators using such measures comply with the
requirements in Part 2.2.13 of the permit. Operators that plan to use cationic
treatment chemicals are only eligible for coverage under the CGP if site-specific
EPA authorization is provided; otherwise, an individual permit is required in order
to use such chemicals associated with a discharge of pollutants to receiving
waters.
What are the stabilization deadline requirements in the EPA CGP?
Total Amount of Site Land Disturbance
Occurring at Any One Time
Deadline
i. Five acres or less (<5.0)
Note: this includes sites disturbing more
than (>5.0) acres total over the course
of a project but that limit disturbance
at any one time (i.e., phase the
disturbance) to five acres or less (<5.0)
o Initiate the installation of stabilization
measures immediately in any areas of
exposed soil where construction activities
have permanently ceased or will be
temporarily inactive for 14 or more
calendar days; and
o Complete the installation of stabilization
measures as soon as practicable, but no
later than 14 calendar days after
stabilization has been initiated.
ii. More than five acres (>5.0)
o Initiate the installation of stabilization
measures immediately in any areas of
exposed soil where construction activities
have permanently ceased or will be
temporarily inactive for 14 or more
calendar days; and
o Complete the installation of stabilization
measures as soon as practicable, but no
later than 7 calendar days after
stabilization has been initiated.
o The CGP establishes a modified approach to the stabilization deadlines, which is
based on the concept of phasing construction disturbances. Sites that disturb 5
acres or less total must complete stabilization within a 14-calendar day
timeframe. For sites that disturb more than 5 acres total over the course of a
construction project, operators have the flexibility to choose between completing
stabilization within a 14-calendar day timeframe if they limit disturbances to 5
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acres or less at any one time, or within a 7-calendar day timeframe if they do not
limit disturbances to 5 acres or less at any one time. The intent of this approach is
to provide an incentive to disturb less land at any given period of time by
providing longer stabilization timeframes if the disturbance is kept below a
threshold level.
o The deadline for sites discharging to sensitive waters remains unchanged (within 7
calendar days), and the exceptions for sites in arid, semi-arid, and drought-
stricken areas and for operators affected by circumstances beyond their control
also remain unchanged.
How can I determine if there is drought in the area where my construction project is in
order to qualify for the modified stabilization deadlines in Parts 2.2.14(b)(i) and
2.2.14(c)(iii)(a) and for the reduced inspection frequencies in Part 4.4.2?
o To determine if your construction site is in an area of drought, one approach is to
follow this protocol:
o Step 1: Reference the High Plains Regional Climate Center climate mapping
tooll5an5aii5aBTO5aai». For the Select Product field, use "Standardized
Precipitation Index (SPI)" and for the Daily Maps field, use "Last 90 days." Select
the appropriate region, and take note of the SPI value for the location of your
construction project by comparing your location's color to the indicator bar next
to the map.
o Step 2: Reference the NewMexicoSt^teUniversitv New Mexico Climate Center
drought classificationsl5«n5«lla^^CTaagna. Look at the "Standardized
Precipitation Index (SPI)" column in the matrix and compare the SPI value
obtained in the first step.
o Step 3: Reference the National Oceanic and Atmospheric Administration's U.S.
Seasonal Drought Outlook. For the period during which construction will occur,
take note if the outlook indicates that any of the following conditions are likely:
(1) "Drought persists", (2) "Drought remains but improves", (3) "Drought removal
likely", or (4) "Drought development likely."
o Step 4: If the SPI indicates that the area is in severe, extreme or exceptional
drought (from Step 2), and/or the U.S. Seasonal Drought Outlook indicates that
any of the conditions noted in Step 3 are likely, you are likely eligible for the
modified stabilization deadlines and the reduction in inspection frequencies.
Contact your permitting authority if additional clarity is needed. Make sure to
document information on the drought period in yourSWPPP as per Part
7.2.6(b)(vii)(c) and 7.2.7(c).
What does it mean to limit disturbances at any one time to 5 acres or less?
o For the purposes of the stabilization requirements in Part 2.2.14(a), limiting
disturbances to 5 acres or less at any one time means that at no time during the
project do the cumulative earth disturbances exceed 5 acres. The following
examples qualify as limiting disturbances at any one time to 5 acres or less:
¦ The total area of disturbance for a project is 5 acres or less.
¦ The total area of disturbance for a project will exceed 5 acres, but the
operator ensures no more than 5 acres will be disturbed at any one time
through implementation of stabilization measures. In this way, site
stabilization can be used to "free up" land that can be disturbed without
exceeding the 5-acre cap to qualify for the 14-day stabilization deadline.
For instance, if an operator completes stabilization of 2 acres of land on a
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5-acre disturbance, then 2 additional acres could be disturbed while still
qualifying for the longer 14-day stabilization deadline.
Will the stabilization deadline for my site change if disturbances exceed 5 acres?
o Yes. The important determiner of which stabilization deadline applies is the total
amount of disturbance occurring at any one time during the course of the
project. If at any point during the course of the project, total land disturbance at
any one time exceeds 5 acres, the deadline to complete stabilization for this
portion of the project is within 7 calendar days of initiating stabilization. This
deadline applies regardless of the fact that a previous phase of construction may
have limited disturbance to 5 acres or less and was able to take advantage of
the 14-calendar day deadline for stabilization. For instance, if an operator
commences work on a 20-acre project by clearing and grading a 5-acre portion
of the site, and while that construction is ongoing and prior to stabilization the
operator clears and grades another 3-acre area, for example, the operator
would be required to comply with the 7-day stabilization deadline because the
amount of disturbed area on the site at any one time exceeds the 5-acre
threshold. If total land disturbance at any one time is subsequently reduced to 5
acres or less, the deadline to complete stabilization will return to within 14
calendar days. Therefore, operators have the flexibility to disturb more land when
necessary, but are required to stabilize faster because more land is unprotected
and vulnerable to erosion and sediment transport during storm events. This
approach intends to provide the incentive to stabilize enough land to bring total
disturbance at any one time back under the 5-acre threshold so that the
operator can resume receiving the benefit of the longer 14-calendar day
stabilization deadline.
What are the requirements for impaired and high quality waters in the EPA's CGP?
o The CGP includes requirements to protect impaired waters that receive
construction site stormwater discharges. Operators of sites that discharge to
sediment- or nutrient-impaired waters must comply with more rapid site
stabilization requirements and increased site inspection requirements. Operators
of sites that discharge to high quality waters (i.e., Tier 2, 2.5, or 3 waters) must also
comply with the requirements for more rapid site stabilization and increased site
inspections. Operators of sites that discharge to any waters impaired for
polychlorinated biphenyls (PCBs) and are engaging in demolition of any structure
with at least 10,000 square feet of floor space built or renovated before January
1, 1980, must implement additional controls to minimize the exposure of PCB-
containing building materials.
What does it mean for a waterbody to be impaired for a "sediment-related parameter"?
o For the purposes of this permit, a pollutant parameter that is closely related to
sediment such as turbidity, total suspended solids (TSS), total suspended
sediment, transparency, sedimentation, and siltation.
With regard to the requirement to conduct an inspection within 24 hours of the
occurrence of a rain storm event of 0.25 inches or greater within a 24-hour period or a
discharge caused by snowmelt from a storm event that produces 3.25 inches or more of
snow within a 24-hour period, if a project's normal business hours are Monday through
Friday and a storm occurs on a Saturday, would an inspection be required on Monday?
Or, would an inspection be required on Sunday (i.e., a non-work day)?
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o Under the CGP, inspections are only required during a project's normal working
hours. For example, if the storm event that produces 0.25 inches of rain occurs on
a Saturday, the inspection would be required on Monday, the next work day.
What does it take to be considered a "qualified person" for inspections?
o For projects that receive coverage on or after February 17, 2023, vou must
complete the training requirements in Part 6.3.
o For projects that receive coverage prior to February 17, 2023, any personnel
conducting site inspections pursuant to Part 4 on your site must, at a minimum, be
a person knowledgeable in the principles and practice of erosion and sediment
controls and pollution prevention, who possesses the appropriate skills and
training to assess conditions at the construction site that could impact stormwater
quality, and the appropriate skills and training to assess the effectiveness of any
stormwater controls selected and installed to meet the requirements of the
permit.
Can I electronically prepare and sign the SWPPP, inspection reports, corrective action
reports, and any other compliance documents and maintain them as electronic records?
o Under the CGP, SWPPPs, inspection reports, ond corrective oction reports moy be
prepared, signed, and kept electronically if the records are: (a) in a format that
can be read in a similar manner as a paper record; (b) legally dependable with
no less evidentiary value than their paper equivalent; and (c) accessible to the
inspector during an inspection to the same extent as a paper copy stored at the
site would be, if the records were stored in paper form.
o For additional guidance on the proper practices to follow for the electronic
retention of compliance records, refer to the Fact Sheet discussion related to Part
4.7.3.
When am I supposed to begin conducting inspections at my site?
o Compliance with all CGP requirements, including the inspection requirements,
begins on the effective date of coverage. Coverage begins 14 calendar days
after EPA acknowledges receipt of an NOI (electronically via the NeT system),
unless EPA notifies you that your coverage has been delayed or denied.
However, if no "construction activities" or "construction support activities" (as
defined in Appendix A) have commenced due to an unforeseen delay, the
inspection "clock" would begin only when you initiate construction activities. You
should note in the SWPPP when construction activities actually commenced and
modify your NOI to reflect the "estimated project start date" once the estimated
date is known so that you properly document why inspections did not begin 7 or
14 calendar days after the effective date of permit coverage.
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