The NPDES (National Pollutant Discharge Elimination System) division of the U.S. Environmental Protection Agency (EPA) recently released for public comment a Draft Construction General Permit (CGP) (pdf) governing stormwater discharges from construction sites. The proposed new CGP includes a number of changes from the prior CGP, including more stringent regulations when working near impaired and sensitive waters. Some of the most significant proposed changes include new requirements for:
- eligibility for emergency-related construction activities
- required use of the electronic notice of intent process
- sediment and erosion controls
- natural buffers or alternative controls
- soil stabilization
- pollution prevention
- site inspections
- Stormwater Pollution Prevention Plans (SWPPPs)
- permit termination
Many of the proposed new requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industries, which became effective on February 1, 2010. These requirements include a suite of erosion and sediment controls and pollution prevention measures that apply to all permitted construction sites.
The CGP will be effective in areas where EPA is the permitting authority, including four states (Idaho, Massachusetts, New Hampshire and New Mexico), Washington, D.C., most territories, and most Indian country lands. The public has 60 days to comment on the draft permit. EPA anticipates that it will issue the final CGP by January 31, 2012. The current CGP is scheduled to expire on June 30, 2011; however, EPA is proposing to extend the current permit covering current and future construction activities until January 31, 2012, to provide sufficient time to finalize the new permit.
It’s important for current and future permittees covered under the old CGP to monitor the status of the proposed new CGP. Once the new CGP goes into effect, entities operating under the old CGP may be in violation and at risk for EPA enforcement action. Once an entity is under investigation by EPA for operating under an expired CGP, this opens the door to other potential violations, such as non-compliance with effluent limits and SWPPPs, which can result in significant civil penalties.