Do I need to get NPDES permit coverage for my construction project?

V

%

9

Will the project disturb
1 or more acres
(including borrow and
material storage areasJ?

Yes

Does the project have

the potential to
discharge stormwater
to waters of the U.S. or
a storm sewer?

Is the project part of a common plan of
development or sale1 that will ultimately
disturb 1 or more acres (including
borrow and material storage areas)?

No

Yes

Is your project
located in an area
where EPA is the
NPDES permitting
authority for
construction
stormwater?2

Will any rain or snowmelt
infiltrate completely into the
ground, with no possibility of
discharge to a water of the
U.S.?

Yes

No NPDES permit
coverage
needed.

Yes

Do you have
operational control
over the plans and
specifications,
including the ability to
make modifications
to those plans and
specifications?

No

No

Yes

You need coverage under a
State-issued NPDES permit.

You need to obtain coverage

under a State-issued NPDES
permit. Visit your state's NPDES
program website for more
information. State NPDES
program contacts can be found
here.

No

Do you have day-to-
day operational
control of the
activities of the
project that are
necessary to ensure
compliance with the

permit, including
directing workers at
the site to carry out
permit compliance
activities?

Yes

You need coverage under an
EPA-issued NPDES permit.

You need to obtain coverage

under an EPA-issued NPDES
permit. If eligible and opting to
obtain coverage under EPA's
Construction General Permit

(CGP), you must read the
permit, develop a Stormwater

Pollution Prevention Plan
(SWPPP), and submit a Notice
of Intent (NOI) to get covered.3


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Flowchart Footnotes

(1)	"Common Plan of Development or Sale" - A contiguous area where multiple separate
and distinct construction activities may be taking place at different times on different
schedules under one common plan. 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. (2022 CGP Appendix A)

(2)	Areas where EPA is the NPDES permitting authority for construction stormwater. See full de-
tailed list of areas in Appendix B—Permit Areas Eligible for Coverage.

•	Massachusetts, New Hampshire, New Mexico, the District of Columbia, and Puerto

Rico;

•	American Samoa, Guam, Johnston Atoll, Midway and Wake Islands, and Northern

Mariana Islands;

•	Indian Country lands (as defined in 18 U.S.C. 1151) within Alabama, Alaska, Arizona,

California, Colorado, Connecticut, Florida, Idaho, Iowa, Kansas, Louisiana,
Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New
Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island,
South Dakota, Texas, Utah, Virginia, Washington, Wisconsin, and Wyoming;

•	Limited areas of Oklahoma; and

•	Federal facilities within Colorado, Delaware, and Vermont; areas within Washington

subject to construction by a Federal operator; and Denali National Park and
Preserve.

(3) What are the steps to obtain permit coverage under the CGP?

Step 1. Read the 2022 CGP and Fact Sheet.

Step 2. If eligible for coverage under the CGP, before submitting your Notice of Intent
(NOI), the form you file to obtain coverage under the CGP in Step 4, you must:

•	Follow the procedures in Appendix D of the 2022 CGP - Endangered Species
Protection Worksheet. Take note of the criterion (A, B, C, D, E or F) under which
you are eligible because you will need to select this and provide supporting
documentation in your NOI. Visit the Construction General Permit Threatened and
Endangered Species webpaae for more details on determining your ESA Eligibility
under the CGP.

•	Follow the procedures in Appendix E of the 2022 CGP - Historic Property
Screening Process. Take note of your answers to the screening process questions
because you will needto provide this information in your NOI.

Step 3. Develop a Stormwater Pollution Prevention Plan (SWPPP). A SWPPP outlines
how you plan to develop and implement erosion and sediment controls and meet
other requirements of the permit on your construction site. Before submitting your NOI,
the form you file to obtain coverage under the CGP in Step 4, you must develop the


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SWPPP consistent with the requirements in Part 7 of the 2022 CGP. You can use EPA's
SWPPP template to develop your SWPPP.

Step 4. Submit an NOI for your site using EPA's NPDES eReporting Tool (NeT) for the
CGP.

Disclaimer: This information is guidance only and does not establish or affect legal rights or
obligations. Agency decisions in any particular case will be made by applying the law and
regulations to the specific facts of the case.

Need assistance? Contact Us - We're your partners in protecting clean water!

EPA Headquarters: CGP@epa.aov
EPA Regional Offices contacts
State NPDES program contacts


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