Stormwater Rules and Notices-Construction Notices

Congress gives EPA authority to develop and implement federal stormwater regulations. Any new or modified regulations must go through a rulemaking process. The process includes a proposal, public comment, and a final rule that must then be implemented and enforced.

EPA also publishes a variety of notices associated with the stormwater program, including draft and final stormwater permits, technical corrections to stormwater permits, and notices on stormwater regulations. Here is more information on the laws, regulations, proposed and final rules, and other public notices applicable to the NPDES stormwater program.

• Proposed Construction General Permit (April 11, 2016)
  • EPA’s regional offices proposed for public comment the draft 2017 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) covering stormwater discharges from construction activities. This draft permit, once finalized, will replace the existing permit covering stormwater discharges from construction activities that will expire on February 16, 2017. The CGP authorizes the discharge of stormwater from construction sites that disturb one or more acres of land, and from smaller sites that are part of a larger common plan of development. The permit provides coverage to eligible operators in areas where EPA is the permitting authority, including Idaho, Massachusetts, New Hampshire, New Mexico, Indian Country lands, the District of Columbia, and all U.S. territories and protectorates except the Virgin Islands.
• Current 2012 Final EPA Construction General Permit
  • Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities (PDF)(8 pp, 182 K, About PDF) (February 29, 2012) – EPA’s regional offices issued their final 2012 NPDES general permit for stormwater discharges from large and small construction activities.
• Draft 2012 EPA Construction General Permit
  • Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Construction Activities (PDF)(5 pp, 164 K, About PDF) (April 25, 2011) – EPA’s regional offices issued their draft 2012 NPDES general permit for stormwater discharges from large and small construction activities.
• Expired 2008 Final EPA Construction General Permit
  • Modification to 2008 National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PDF)(5 pp, 164 K, About PDF) (July 08, 2011) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 modified the 2008 NPDES general permit for stormwater discharges associated with construction activity in order to extend the expiration date of the permit to February 15, 2012.
  • Modification to 2008 National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PDF)(10 pp, 191 K, About PDF) (April 25, 2011) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 proposed the draft 2008 NPDES general permit for stormwater discharges associated with construction activity and proposed to modify the expiration date of the permit to January 31, 2012.
  • Modification to 2008 NPDES General Permit for Stormwater Discharges Associated with Construction Activities (PDF)(4 pp, 156 K, About PDF) (January 28, 2010) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 modified the 2008 NPDES general permit for stormwater discharges associated with construction activity in order to extend by one year the expiration date of the permit.
  • Final NPDES General Permit for Stormwater Discharges from Construction Activities (PDF)(6 pp, 198 K, About PDF) (July 14, 2008) – EPA regions 1, 3, 6, 7, 8, 9, and 10 issued the 2008 NPDES general permit for stormwater discharges from new dischargers engaged in large and small construction activities.
• Expired 2003 Final EPA Construction General Permit
  • Final NPDES General Permit for Stormwater Discharges from Construction Activities (PDF)(3 pp, 171 K, About PDF) (July 01, 2003) – EPA regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 issued EPA's final NPDES general permit for discharges from large and small construction activities.
• Expired Final Reissuance of the NPDES Stormwater Construction General Permit for the Commonwealth of Massachusetts and Indian Country in Massachusetts (PDF)(3 pp, 171 K, About PDF) (August 04, 2003) – EPA provided notice of the reissuance of the final NPDES stormwater construction general permit for the Commonwealth of Massachusetts and Indian Country within the Commonwealth of Massachusetts.
• Ninth Circuit Issues Opinion to Vacate 2006 Oil and Gas Rule (May 23, 2008) – On May 23, 2008, the Ninth Circuit Court of Appeals issued an opinion in Natural Resources Defense Council v. United States Environmental Protection Agency, No. 06-73217, vacating EPA's 2006 oil and gas construction stormwater regulation. The regulation effectively exempted from NPDES permit requirements stormwater discharges of sediment from construction activities associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities unless the relevant facility had a discharge of stormwater resulting in a discharge of a reportable quantity of oil or hazardous substances. 40 CFR 122.26(a)(2)(ii) [citing 40 CFR 122.26(c)(1)(iii)(C)] (PDF). EPA promulgated this regulation to implement an amendment to the Clean Water Act enacted in the Energy Policy Act of 2005.