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.

If your small construction project is located in an area where EPA is the permitting authority and your R factor is less than five, you qualify for a low erosivity waiver (LEW) from NPDES stormwater permitting. LEW certifications are submitted through the electronic Notice of Intent (eNOI) system. Several states that are authorized to implement the NPDES permitting program also accept LEWs. Check with your state NPDES permitting authority for more information.

• List of states, Indian country, and territories where EPA's 2012 Construction General Permit (CGP) and Multi-Sector General Permit (MSGP) Apply
• EPA’s 2012 CGP eNOI System

The period during which small construction sites qualify for the waiver generally occurs during a relatively short time in arid and semi-arid areas. If your small construction project does not qualify for a waiver, then NPDES stormwater permit coverage is required.

To use the Rainfall Erosivity Factor Calculator to determine your eligibility for the LEW, you will need your project’s location (either latitude/longitude or address) and the estimated start and end dates of construction. The period of construction activity begins at initial earth disturbance and ends with final stabilization.

• Construction Rainfall Erosivity Waiver Fact Sheet
• Appendix C of the 2012 CGP – Small Construction Waivers and Instructions

For questions or comments, email EPA’s 2012 CGP staff at cgp@epa.gov.

The rainfall erosivity factor calculator for small construction sites requires JavaScript. You can use the Construction Rainfall Erosivity Waiver fact sheet to try to calculate an R factor for your location.