Getting Coverage under EPA's Construction General Permit / Waivers
- Who is responsible for getting permit coverage?
- What are the steps to obtain permit coverage?
- When do I have to submit my Notice of Intent (NOI)?
- When may a waiver for small construction activity apply?
Who is responsible for getting permit coverage?
In general, you need to obtain coverage under an NPDES permit if you will discharge stormwater from construction activities and:
- 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 considered an operator of the construction site because you have operational control over:
- construction plans and specifications, including the ability to make modifications to them; or
- day-to-day control of site activities at a project that are necessary to ensure compliance with permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the permit.
What are the steps to obtain permit coverage?
Step 1. Read the CGP and Fact Sheet
Step 2. Determine if you are 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 below, you must meet the CGP’s eligibility conditions and follow the requirements for obtaining permit coverage:
| CGP Part | Eligibility Condition |
|---|---|
| 1.1.1 | Ensure you are an “operator” of a construction site for which discharges will be covered under the CGP (See CGP Part 1.1.1). |
| 1.1.2 |
Confirm your site’s construction activities:
|
| 1.1.3 | Determine if your site is located in an area eligible for coverage. |
| 1.1.4 | Ensure discharges from your site are not: (i) Already covered by a different NPDES permit for the same discharge; or (ii) In the process of having coverage under a different NPDES permit for the same discharge denied, terminated, or revoked (see CGP Part 1.1.4). |
| 1.1.5 | Following the procedures in Appendix D of the 2022 CGP, demonstrate you meet one of the criteria related to the protection of federally listed endangered or threatened species and federally designated critical habitat under the Endangered Species Act (ESA). |
| 1.1.6 | Following the procedures in Appendix E of the 2022 CGP, demonstrate you meet one of the criteria related to the protection of historic properties. |
| 1.1.7 | Comply with all requirements in Part 9 imposed by the applicable State, Indian Tribe, or territory in which your construction activities and/or discharge will occur. |
| 1.1.8 | Confirm any applicable new source requirements related to discharges from your site not meeting applicable water. |
| 1.1.9 | Confirm if you plan to add “cationic treatment chemicals” to stormwater and/or authorized non-stormwater prior to discharge, that the applicable EPA Regional Office has authorized coverage after you have included appropriate controls and implementation procedures designed to ensure that your use of cationic treatment chemicals will result in discharges that meet applicable water quality standards. |
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. You can use EPA’s SWPPP template to develop your SWPPP (coming soon).
Step 4. Submit an NOI for your site using EPA's NPDES eReporting Tool (NeT) for the CGP.
When do I have to submit my Notice of Intent (NOI)?
EPA will start accepting NOIs for coverage under the 2022 CGP starting on February 17, 2022. To be covered under the 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 17, 2022) |
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 2017 CGP coverage where construction activities commenced prior to February 17, 2022) |
No later than May 18, 2022. | |
| 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. |
When may a waiver for small construction activity apply?
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. 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.
- Online Rainfall Erosivity Factor Calculator – Estimates the R-factor for a site.
- 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.