2017 Construction General Permit (CGP) (as modified) EXCERPT OF CHANGES FROM PROPOSAL TO FINAL MODIFICATION OF THE 2017 CONSTRUCTION GENERAL PERMIT This document provides an excerpt of the changes from proposal to final modification of the 2017 CGP. Proposed modifications that were finalized are in BLL , and any additional modifications made from proposal to final based on public comments are in RED. Please refer to the actual permit documents in the public docket on Reaulations.gov (ID# EPA-HQ-OW- 2015-0828) to see the final modification in context of the entire permit and accompanying fact sheet. Final modification to the PERMIT 1.1 ELIGIBILITY CONDITIONS 1.1.1 You are an "operator" of a construction site for which discharges will be covered under this permit. For the purposes of this permit and in the context of stormwater discharges associated with construction activity, an "operator" is any party associated with a construction project that meets either of the following two criteria: a. 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 casos this is tho ownor of tho sito ; or b. 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 Where there are multiple operators associated with the same project, all operators must obtain permit coverage.1 Subcontractors generally are not considered operators for the purposes of this permit. 1 If the operator of a "construction support activity" (see Part 1.2.1 c) is different than the operator of the main site, that operator must also obtain permit coverage. See Part 7.1 for clarification on the sharing of permit-related functions liability between and among operators on the same site and for conditions that apply to developing a SWPPP for multiple operators associated with the same site. 2.2.6 Minimize dust. On areas of exposed soil, minimize dust through the appropriate application of water or other dust suppression techniques to control the generation of pollutants that could be discharged in stormwater from the site. 2.2.11 Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points. Minimize erosion of stormwater conveyance channels and their embgnkments, outlets, gdjgcent streambanks, slopes, gnd downstream wgters. Use erosion 24 vithin gnd glong the length of ony stormwoter conveyonce chgnnel gnd gf gny outlet to slow down runoff to minimize erosion. 1 ------- 2017 Construction General Permit (CGP) (as modified) 24 Examples of control measures that can be used to comply with this requirement include the use of erosion controls and/or velocity dissipation devices include [e.g., check dams, sediment traps), within and along the length of a stormwater conveyance gnd gf the outfgll to slow down runoff, riprop, gnd grouted riprop gf outlets. 2.3.3 For storage, handling, and disposal of building products, materials, and wastes: g. For building moterigls gnd building products39, provide either (1) cover (e.g., plostic sheeting, temporary roofs) to minimize the exposure of these products to precipitotion gnd to stormwoter, or (2) o similgrly effective megns designed to minimize the dischorge of pollutonts from these oregs. Minimizgtion of exposure is not reguired in cgses where the exposure to precipitotion gnd to stormwoter will not result in g dischgrge of pollutonts, or where exposure of g specific mgferigl or product poses little risk of stormwoter contomingfion (such os fingl products ond mgferigls intended for outdoor use). 39 Exomples of building moterigls gnd building products typicolly present gt construction sites include, osphglt seglgnts, copper floshing, roofing moterigls, gdhesives, concrete odmixtures, gnd gravel gnd mulch stockpiles. 7.1 GENERAL REQUIREMENTS FOR STORMWATER POLLUTION PREVENTION PLAN (SWPPP) All operators ossocioted with g construction site under this permit must develop o SWPPP consistent with the requirements in Port 7 prior to their submittol of the NOI.52 S3The SWPPP must be kept up-to-dote throughout coverage under this permit. 52The SWPPP does not estoblish the effluent limits and other permit terms ond conditions thot gpply to your site's dischorges; these limits, terms, gnd conditions ore estgblished in this permit in Pgrts 2 gnd 3. operators of your site. For instonce, if both the owner ond the general contractor of the construction site ore operators ond thus gre both required to obtoin g permit, the owner moy be the pgrty responsible for SWPPP development, ond the general contractor (or ony other operator of the site) cgn choose to use this some SWPPP, gs long os the SWPPP addrossos tho gonoral contractor's (or othor operator's) scopo of construction work and functions to bo porformod undor tho SWPPP. Where there are multiple operators associated with the same site through a common plan of development or sale, they may develop a group SWPPP instead of multiple individual SWPPPs Reggrdless of whether there is o group SWPPP or ;everoI multiple individual SWPPPs, atteacj operator would be jointly and severally liable is responsible for compliance with the permit ; terms and conditions. -RQ-twithstandina how tho SWPPP(s) may divide oach operator's rosponsibilitios. In other words, if Operator A relies on Operator B to satisfy its permit obligations. Operator A does not have to duplicate those permit-related functions if Operator B is implementing them for both operators to be in complionce with the permit. However, Operator A remoins responsible for permit complionce if Operator B foils to implement ony megsures necessgrv for Operator A to comply with the permit, operators may assign to themselves various permit-related functions under the SWPPP provided that each SWPPP, or a group SWPPP, documents which operator will perform each function under the SWPPP. However, dividing the functions to be performed under each SWPPP, or a single group SWPPP, does not 2 ------- 2017 Construction General Permit (CGP) (as modified) roliovo an individual operator from liability for complying with tho permit should anotho operator fail to implement any measures that are necessary for that individual operato to comply with the permit, e.g., the installation and maintenance of any shared controls. In addition, all operators must ensure, either directly or through coordination with other operators, that their activities do not causo a violation and/or rondor compromise any other operators' controls and/or any shared controls noffoctivo. All operators who roly on a shared control to comply with the permit are jointly and severally liable for violations of the permit resulting from the failure to properly install, operate and/or maintain the shared control. Final modification to the APPENDICES Appendix A: Definitions "Operator" - for the purposes of this permit and in the context of stormwater discharges associated with construction activity, any party associated with a construction project that meets either of the following two criteria: 1. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications (o.g. in most casos this is tho ownor of tho sito ; or 2. 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 tho gonoral contractor of tho project). "Shared Control" - for the purposes of this permit, a stormwater control, such as a sediment basin or pond, used by two or more operators that is installed and maintained for the purpose of minimizing and controlling pollutant discharges from a construction site with multiple operators associated with a common plan of development or sale. Any operators that are contributing stormwater from thoir construction activities to a shared control aro considorod to roly upon a shared control. Final modification to the FACT SHEET Section If2')fb') regarding background on NPDES Permits for Stormwater Discharges Associated With Construction Activity EPA Construction General Permit (CGP). Since 1992, EPA has issued a series of Construction General Permits (CGPs) that cover areas where EPA is the NPDES permitting authority. At present, EPA is the permitting authority in four states ( dah' , Massachusetts, New Hampshire, ehnd New Mexico, and Idaho, until July 1, 2021, which is the date Idaho becomes authorized to implement the NPDES Stormwater program), the District of Columbia, Puerto Rico and all other U.S. territories with the exception of the Virgin Islands, construction projects undertaken by Federal Operators in four states (Colorado, Delaware, Vermont, and Washington), most Indian Country lands and a couple of other specifically designated activities in specific states (e.g., oil and gas activities in Texas and Oklahoma). See Appendix B for a complete list of areas 3 ------- 2017 Construction General Permit (CGP) (as modified) covered by EPA's CGP. The 2012 CGP became effective on February 16, 2012 (see 77 FR 12286), and expires at midnight on February 16, 2017. The 2017 CGP replaces the 2012 CGP. Section IV regarding Geographic Coverage of Permit This permit makes available coverage forstormwater discharges associated with construction activities that occur in areas not covered by an approved state NPDES program. The areas of geographic coverage of this permit are listed in Appendix B, and include the states of Idaho, Massachusetts, New Hampshire, gh^4 New Mexico, 3nd Idaho, until July 1, 2021, which is the date Idaho becomes authorized to implement the NPDES Stormwater program, as well as most Indian Country lands, and construction projects undertaken by Federal Operators in selected states. Permit coverage is also available in the District of Columbia, Puerto Rico, and all other U.S. territories with the exception of the Virgin Islands. Reggrding Part 1.1.1 The definition of "operator" in Part 1.1.1 above is consistent with the 2012 CGP. toe An\ party associated with a construction site that meets the first part of the definition of "operator" ( e^ the party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications) in most casos will bo tho ownor of tho sito. Tho party that moots or the second part of tho definition of "operator' (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 tho permit]) in most casos will bo tho gonoral contractor of tho project must obtain NPDES permit coverage for its stormwater discharges associated with construction octivitv including clegring, grgding, gnd excgygfion. EPA clgrifios thot subcontractors generally do not meet the definition of "operotor," ond thus gre generally not required to obtoin permit coverage. Pgrt 1.1 of the permit olso clorifies the requirements with respect to projects with multiple operators. Where there ore multiple operators ossocioted with the sgme project, oil operators must obtoin permit coverage. Also, if the operator of a "construction support activity" (see Part 1.2.1 .c) is different than the operator of the main site, that operator must also obtain permit coverage. For example, if a construction support activity for the project is owned by a separate owner, and if the separate owner meets the definition of "operator", that person must obtain permit coverage for discharges from the site where the support activities are located. However, if the construction support activity is owned or operated by the site operator, then the support activity must be included in the site operator's permit coverage, including any documentation provided in the NOI and SWPPP. Part 1.1 references Part 7.1 for clarification on the sharing of ability permit-related functions between and among operators on the same site and for conditions that apply to developing a SWPPP for multiple operators associated with the same site. Reggrding Pgrt 2.2.11 Part 2.2.11 implements the C&D rule requirement to "control stormwater volume and velocity to minimize soil erosion in order to minimize pollutant discharges," to "control stormwater discharges... to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points 7" to "minimize the amount of soil exposed during construction activity," and to "minimize tho disturbance of stoop slopes." 4 ------- 2017 Construction General Permit (CGP) (as modified) Examples of control measures that can be used to comply with this requirement include the use of erosion controls and/or velocity dissipation devices [e.g., check dams, sediment traps), within and along the length of a stormwater conveyance and at the outfall to slow down runoff. Regarding Part 7.1 The SWPPP is intended to serve os g rood mgp for how the construction operator will comply with the effluent limits ond other conditions of this permit. The longugge in footnote 52 clorifies that the SWPPP does not establish the effluent limits that apply to the construction site's discharges; these limits are established in the permit. EPA emphasizes that while the requirement to develop a SWPPP, to keep it updated, and to include in it all of the required minimum contents consistent with Part 7.2 are enforceable permit requirements, the site- specific details of these SWPPPs do not establish separately enforceable limits, terms, or conditions of the permit. The fact that the SWPPP is an external tool and not considered to include effluent limits enables the operator to be able to modify and retool its approach during the course of the permit term in order to continually improve how it complies with the permit. The new language in footnote 5 of tho permit notos that ono operator may dovolop a group SWPPP provides that where there are sovoral multiple operators associated with the same site, they may develop a group SWPPP instead of multiple individual SWPPPs. For instance, if both the owner ond the general contractor of the construction site meet the definition of on operator and ~re required to mu; obtain a NPDES permit coverage, either party could develop a group SWPPP that applies to both parties, as long as the SWPPP gddresses both porties' permit-relgfed functions tho ownor mov bo tho portv rosponsiblo for SWPPP development, ond the general contractor (or ony other operator of the site) cgn choose to use this some SWPPP, qs long qs the SWPPP qddresses the general contractor's (or somo othor operator's) scopo of construction work ond obliggfions undor this permit. Another exomple is where there gre multiple operators ossocioted with the sgme site through g common plon of development or sole (such gs g housing development) gf which g shgred control exists. In this scenorio, the operators mov develop g group SWPPP insteod of multiple individuol SWPPPs, gnd divide gmongst themselves vgrious permit-relgfed functions provided thot egch SWPPP, or g group SWPPP, documents which operator will perform eoch permit- relgfed function, including those reloted to the instollgfion ond mgintengnce of the shored control. Regordless of whether there is o group SWPPP or ;everal multiple individugl SWPPPs, gII operators would be jointly gnd severally liable are legally responsible for complionce with the permit.-r-notwithstgnding how the SWPPP(s) mov divide egch operator's indiviok^ai responsibilities In other words, if Operator A relies on Operator B to sotisfy its permit obliggfions, Operator A does not hove to duplicote those permit-relgfed functions if Operator B is implementing them for both operators to be in complionce with the permit. However, Operator A remoins responsible for permit complionce if Operator B foils to implement ony megsures necessgrv for Operator A to comply with the permit. Whoro thoro oro multiple operators ossociotod with tho somo sito through o common plon of development or sole, operators moy gssign to themselves vorious permit-reloted functions under the SWPPP provided thot egch SWPPP, or o group SWPPP, documents which operator 5 ------- 2017 Construction General Permit (CGP) (as modified) 5+k will perform oach function undor tho SWPPP. Howovor, dividing tho f undor tho SWPPP doos not roliovo an individual operator from liability for complying with tho permit should another operator fail to implement any measures that are necessary for the individual operator to comply with the permit, for example, the installation and maintenance of any shared controls, such as a sediment basin. In addition, where responsibilities are shared, all operators must ensure, either directly or through coordination with other operators, that their activities do not causo a violation and/or rondor compromise any other operators' controls and/or any shared controls ineffective. All operators who rely on a shared control to is of the permit resultina from o and/or maintain tho shared control. larifios in tho permit that all operators associated of development or sale are responsible for the st :»ntrols, such as a sodimont basin, within tho com riwater from the individual parcel. For example, wolopmont sito dovolop a group SWPPP or multi t-related functions to the various operators, an ir >r permit compliance should another operator fa tho permit. In othor words, a second operator's 1 s portion of the cons' ito SWPPP, that indiv even if it relies upon My reserves its riaht to 3ny it any indivicluQl oporcit sible for compliance with c r and/or non stormwator fn ;ite and to the point of disc Dnt sito, including roquirom ator to control pollutants in nstruction site. Additionally, 31 operator is still rospi 3 red controls. )arate SWPPP, that the permit that apply tc no sito through tho >f the U.S. or an MS4 fron EPA will consider tho totality of tho facts operator, the capability of the operato division of permit-related functions in a whether the operator has the ability to any portion of the project at issue. nst any operc everal opera WPPP or individm access, with assis' 6 ------- |