EPA Extends Federal Construction Stormwater General Permit by One Year

More Time Needed to Incorporate New Numeric Discharge Limits and Monitoring Requirements The U.S. Environmental Protection Agency (EPA) is extending its federal 2008 stormwater Construction General Permit (CGP) by one year to June 30, 2011, according to a Jan. 28 Federal Register announcement.  The extension of the 2008 construction general permit is needed to allow the agency sufficient time to incorporate the new, national Construction and Development Effluent Limitations Guidelines (C&D ELG) requirements into the CGP.  The CGP applies in Idaho; Massachusetts; New Hampshire; New Mexico; Washington, D.C., and most territories and Indian country lands, which is where EPA is the permitting authority. The 2008 CGP regulates the discharge of stormwater from construction sites that disturb one acre or more of land and from smaller sites that are part of a larger plan of development.  The permit requires construction site "operators" to comply with stormwater discharge requirements that prevent sediment loss, soil erosion and the discharge of other pollutants at active construction sites.  Other states (that are authorized to issue National Pollutant Discharge Elimination System or NPDES permits) rely on EPA's CGP as the model for their construction stormwater permits.  To access your state's construction stormwater permit and related forms, click here. EPA is modifying its 2008 CGP by extending the permit by one year so that it expires on June 30, 2011, instead of June 30, 2010.  The extension of the 2008 CGP is needed to allow EPA sufficient time to incorporate the new federal C&D ELG - including first-time nationwide discharge limits and monitoring requirements for construction site stormwater runoff - into the federal CGP.  EPA finalized the C&D ELG on Dec. 1, 2009 (74 FR 62996) and the rules took effect on February 1, 2010.  Other states that issue their own NPDES construction stormwater permits must incorporate the new C&D ELG requirements into any general or individual permits issued after February 1, 2010. [NOTE: The new ELG requirements WILL NOT directly apply to construction site "operators" until the requirements are incorporated into an individual or general National Pollutant Discharges Elimination System (NPDES) stormwater permit that applies to their project(s).  In other words, the construction stormwater permit language is what will become the legally enforceable requirement that construction site "operators" must meet or face potential fines and penalties.  Therefore, the implementation date of the new requirements will vary from state to state, depending on when states reissue their permits and whether projects are covered by individual or general permits.  Click here to see when your state's construction general stormwater permit is scheduled to expire and be re-issued.] By June 30, 2011, EPA will issue a new CGP, which will incorporate the new C&D rule requirements.  EPA expects to propose modifications to the existing CGP for public comment in the summer of 2010.  EPA expects that many states will be looking at its next CGP to gain insight into how to implement the C&D ELG requirements into their respective permits. For example, states will be particularly interested to see what sort of stormwater monitoring protocol (analytical methods and frequency) and data reporting requirements EPA specifies in the terms and conditions of its CGP; these are areas where state permitting authorities will have flexibility. Background on National Stormwater Requirements The brand new C&D ELG rule to control stormwater from construction sites includes numeric effluent limitations and monitoring requirements, both of which are unprecedented to a vast majority of construction professionals throughout the country.  See AGC's Environmental Observer, January 8, 2010, for more information on the C&D ELG rule.  AGC is hosting a special webinar on Tuesday, March 2, 2010 - 1:30 - 3:00pm ET where you can learn more - click here. For some time now, environmental groups have been pushing hard for EPA to control stormwater discharges that occur after construction has ceased. In response, EPA in 2010 plans to gather information on controlling stormwater from newly developed and redeveloped sites with plans to finalize a separate rule in 2012 to regulate stormwater discharged from newly developed construction sites. More information on this initiative is on EPA's Web site at http://cfpub.epa.gov/npdes/stormwater/rulemaking.cfm. Details on the CGP extension also are available online at http://cfpub.epa.gov/npdes/stormwater/cgp.cfm. Don't work in a state where the EPA CGP applies?  The Construction Industry Compliance Assistance (CICA) Center contains links to state permitting information, sample stormwater pollution prevention plans, and much more.  AGC worked extensively with the EPA to prepare this online compliance assistance resource tool specific to construction-related environmental requirements. For more information, contact Leah Pilconis, senior environmental advisor to AGC of America, at pilconisl@agc.org.