Stormwater Discharges from Construction Activities-2017 CGP
Construction Overview
Stormwater discharges from construction activities can significantly impact water quality. As stormwater flows over a construction site, it can pick up pollutants like sediment, debris, and chemicals and transport them to nearby storm sewer systems or directly into rivers, lakes, or coastal waters.
The NPDES stormwater program requires permits for 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. Construction stormwater permits include effluent limits for erosion and sediment control, pollution prevention, and site stabilization from the Construction and Development Effluent Guidelines and Standards regulations.
Depending on the location of the construction site, either the state (if it has been authorized to implement the NPDES stormwater program) or EPA will administer the permit. In areas where EPA is the permitting authority, operators of regulated construction sites are generally permitted under EPA’s 2017 Construction General Permit (CGP).
- Authorization Status for EPA's Construction and Industrial Stormwater Programs – Visit this page to find out whether EPA or your state is the permitting authority for industrial activities.
EPA's 2017 Construction General Permit (CGP)
On January 11, 2017, EPA's 2017 Construction General Permit (CGP) was issued. The 2017 CGP takes effect on February 16, 2017. EPA’s 2017 CGP requires compliance with effluent limits and other permit requirements, including the development of a Stormwater Pollution Prevention Plan (SWPPP).
If you intend to seek coverage under EPA's 2017 CGP, you must submit a Notice of Intent (NOI) using the NPDES eReporting Tool for the CGP certifying that you meet the permit’s eligibility conditions and will comply with the permit’s requirements.
Coverage under EPA 2017 CGP
EPA 2017 CGP coverage is available for operators of eligible construction activities in the following areas:
- Idaho, Massachusetts, New Hampshire, New Mexico, and the District of Columbia;
- American Samoa, Guam, Johnston Atoll, Midway and Wake Islands, Northern Mariana Islands, and Puerto Rico;
- Indian Country lands 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;
- Areas within Colorado, Delaware, Vermont, and Washington subject to construction by a federal operator; and
- Limited areas of Oklahoma and Texas.
Appendix B: Permit Areas Eligible for Coverage
EPA 2017 CGP Noncompliance Reporting
EPA 2017 CGP operators must report any instance of noncompliance that might endanger public health or the environment. They must notify the appropriate EPA regional office in accordance with Appendix I, Part I.12.6.1 of the 2017 CGP, which requires that:
- any information must be provided orally within 24 hours from the time you become aware of the circumstances; and
- a written submission must also be provided within five days of the time you become aware of the circumstances. The written submission must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
Report any instance of noncompliance to your EPA regional contacts.
Discharge Authorization under the 2017 Construction General Permit (CGP)
- Who Needs Coverage
- How to Obtain 2017 CGP Coverage
- Deadlines for Submitting an NOI
- Modifying an NOI
- How to Terminate Permit Coverage
- How to Submit Paper Forms
Who Needs Coverage
In general, you need CGP coverage if:
- your site will disturb one or more acres of land, or less than one acre of land and is part of a common plan of development or sale that will ultimately disturb one or more acres of land; and
- you are responsible either for:
- construction plans and specifications, including modifications to them (e.g., you are the owner or developer); or
- daily site activities necessary to ensure compliance with a stormwater pollution prevention plan (SWPPP) (e.g., you are the general contractor).
How to Obtain 2017 CGP Coverage
Step 1.
Read the 2017 CGP and Fact Sheet
Step 2.
Determine if you are eligible for coverage under this permit. Before submitting your Notice of Intent (NOI), the form you file to obtain coverage under the CGP in step 4, you must:
- Determine if your site is located in an area eligible for coverage found in Appendix B of the 2017 CGP – Permit Areas Eligible for Coverage
- Follow the procedures in Appendix D of the 2017 CGP - Endangered Species Act (ESA) Requirements
- Follow the procedures in Appendix E of the 2017 CGP – Historic Property Screening Process
Step 3.
Develop a Stormwater Pollution Prevention Plan (SWPPP).
A SWPPP outlines how you plan to implement erosion and sediment controls and meet other requirements of the permit on your construction site. Before submitting your Notice of Intent (NOI), the form you file to obtain coverage under the CGP in step 4, you must develop the SWPPP consistent with the requirements in Part 7 of the CGP.
Step 4.
Complete and submit an NOI for your site using EPA's NPDES eReporting Tool (NeT) for the CGP.
2017 CGP Deadlines for Submitting an NOI
To be covered under the 2017 CGP, you must submit your NOI by the deadline specified in the table below. The NOI certifies to EPA that you are eligible for coverage and provides information on your site’s construction activities and discharges.
|
Type of Operator |
Deadline to Submit NOI |
Permit Authorization Date |
|---|---|---|
|
Operator of a new site (i.e., a site where construction activities commence on or after February 16, 2017) |
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 2012 CGP coverage where construction activities commenced prior to February 16, 2017) |
No later than May 17, 2017. | |
| 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. |
|
|
Emergency-related project (i.e., a project initiated in response to a public emergency (e.g., mud slides, earthquake, extreme flooding conditions, 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. |
Provisionally covered under CGP terms and conditions immediately. |
Modifying an NOI
Use the NeT system to modify your NOI. The following modifications to an NOI form will result in a 14-day review process:
- Estimated area to be disturbed
- Endangered Species Protection information
- Historic Preservation information
- Use of Chemical Treatment at your site
- Demolition of structures over 10,000 square feet of floor space built or renovated before January 1, 1980
During the 14-day review process, you may continue to operate based on the information provided in your original NOI, but you must wait until the review period has ended before you can commence or continue activities on any portion of your site that would be affected by any of the above modifications, unless EPA notifies you that the authorization is delayed or denied.
How to Terminate Permit Coverage
Use NeT to submit a Notice of Termination (NOT).
Electronic Reporting under the 2017 EPA Construction General Permit (CGP)
Overview
EPA requires construction operators who seek coverage or a waiver under the 2017 CGP to electronically prepare and submit the following forms through the NPDES eReporting Tool for CGP (NeT-CGP):
- Notice of Intent (NOI)
- Change an NOI
- Notice of Termination (NOT)
- Low Erosivity Waiver (LEW)
Note for operators of existing sites: If you are an operator of a site with 2012 CGP coverage where construction activities commenced prior to February 16, 2017, you are required to submit a new NOI for coverage under the 2017 CGP using NeT-CGP by May 17, 2017. You are not required to submit an NOT to terminate coverage under the 2012 CGP.
Although the eNOI system will be replaced by NeT-CGP on February 16, 2017, the eNOI system will not be shut down and limited functionality will be maintained. You will still be able to access eNOI and view any documents you have previously submitted. You will also be able to submit an NOT through eNOI if you no longer need CGP coverage for your site.
While all new NOIs or LEWs will have to be submitted to NeT-CGP, NOTs for NOIs submitted for the 2012 CGP must still be submitted to eNOI. The eNOI system will be available until August 2017 to accommodate the transition period between systems.
Accessing NeT-CGP
NeT-CGP is accessed through EPA's Central Data Exchange (CDX).
Steps for accessing NeT-CGP will be provided prior to the 2017 CGP effective date on February 16, 2017.
Guidance and Training
More information on guidance and training will be provided prior to the 2017 CGP effective date on February 16, 2017.
eNOI Search
View NOIs submitted under the 2017 CGP. Coming soon!
View NOIs and LEWs submitted under the 2008 CGP and 2012 CGP
Contact Information
View the eNOI contacts.