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National Pollutant Discharge Elimination System (NPDES)

2017 Construction General Permit (CGP)

EPA's 2017 CGP documents and forms, including the permit, appendices, fact sheet, and paper Notice of Intent (NOI), Notice of Termination (NOT), and Low Erosivity Waiver (LEW), can be found on the CGP permit document page.

Final Modification of the 2017 CGP

EPA is proposing for public comment a modification to the 2017 CGP.

Summary of Basic Requirements

Note that this is only a partial list of your basic responsibilities. You must consult the CGP for details.

  • Read the entire Construction General Permit (see above for permit documents).
  • Develop a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP serves as a roadmap for how you will control your stormwater discharges and comply with the permit.
  • Complete and submit a Notice of Intent (NOI) to EPA via the NPDES eReporting Tool (NeT).
  • Install and maintain erosion and sediment controls throughout the entire construction project so they operate effectively to control your stormwater discharges.
  • Implement pollution prevention controls to minimize the discharge of pollutants from stormwater and spilled or leaked materials.
  • Conduct inspections on the site a) once every 7 calendar days, or b) once every 14 calendar days and within 24 hours of a 0.25-inch storm event.
  • Take corrective action to address any issues with your stormwater controls or discharges.
  • Keep your SWPPP up-to-date to reflect current conditions on your site.
  • Comply with any state, tribal, or territory-specific requirements in Part 9 of the permit.
  • Keep a copy of the permit and all associated records on site during the entire construction project.
  • Submit a Notice of Termination (NOT) once your site is permanently stabilized or when control of the site has been transferred to another operator.
  • Retain all records for at least 3 years from when you file an NOT.

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Your Requirements for Endangered Species

Part 1.1.5 and Appendix D of the 2017 CGP require you to determine your eligibility with regard to protection of threatened and endangered species and designated critical habitat. You must make the determination before you submit an NOI for permit coverage. 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.

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Your Requirements for Historic Properties

Part 1.1.6 and Appendix E of the 2017 CGP require you to complete the screening process with regard to protection of historic properties before you submit an NOI for permit coverage. Follow the procedures in Appendix E of the 2017 CGP – Historic Property Screening Process. Take note of your answers to the screening process questions because you will need to provide this information in your NOI.

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Small Construction Activity Waivers

EPA’s regulations allow operators of small construction sites (i.e., sites that disturb five acres or less) to be waived from the requirement to obtain NPDES permit coverage for their stormwater discharges in three limited circumstances:

  • Low Erosivity Waiver (LEW): Small construction sites that have a rainfall erosivity factor (R-factor) of less than five during the period of construction activity are eligible for this waiver. This waiver is dependent on the time period during which construction activity takes place, how long it lasts, and the expected rainfall amount and intensity during that time.
    If your project is located in an area where EPA is the permitting authority, your project disturbs less than five acres, and your R-factor is less than five, you can submit a Low Erosivity Waiver (LEW) form via EPA's NPDES eReporting Tool (NeT) for CGP.
  • Approved or Established TMDLs: If it is determined that stormwater controls on the small construction site are not necessary based on an EPA-established or -approved total maximum daily load (TMDL) that addresses the pollutants of concern for construction activities (e.g., sediment).
  • Discharges to non-impaired waters: If an equivalent analysis is developed that determines allocations for the pollutant(s) of concern or that such allocations are not needed to protect water quality. The equivalent analysis must be based on existing in-stream concentrations, expected growth in pollutant concentrations from all sources, and a margin of safety.

For more information, see Appendix C of the 2017 CGP or contact your permitting authority.

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Frequent Questions

See Frequently Asked Questions for answers to common questions on the construction stormwater permitting program. This is intended to help operators understand the permit. Questions and answers are organized into the following categories:

  • About EPA’s NPDES Construction Stormwater Permitting Program
  • Activities Requiring Coverage Under the 2017 EPA CGP
  • Obtaining CGP Authorization and Terminating Coverage
  • Construction and Development Effluent Limitations Guideline and New Source Performance Standards
  • Erosion and Sediment Control Requirements in the 2017 EPA CGP

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Noncompliance Reporting

EPA 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 contact.

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Older CGP Versions

View previous versions of EPA’s CGP: 2012, 2008, 2003, 1998, and 1992.

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