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U.S. EPA Proposes Changes to the Federal Stormwater Permit for Construction Activities

May 21, 2021

The U.S. Environmental Protection Agency (EPA) has proposed an update to its National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) covering stormwater discharges from construction activities. EPA has also released a proposed 2022 CGP Fact Sheet, which includes a summary table of some of the changes.  Forty-seven states use EPA’s permit as a model for their own permits, so its impact extends beyond the three states (New Hampshire, New Mexico, and Massachusetts), territories and other areas that use it exclusively.

The proposed changes include clarifications on—

  • Approved stormwater control and stormwater pollution prevention devices,
  • Routine maintenance and corrective action,
  • Perimeter control and natural buffers,
  • Permit flexibilities for arid and semi-arid areas,
  • Requirements for inspections during snowmelt conditions,
  • Requirements for using electronic records, and
  • Endangered Species Act eligibility determinations.

EPA is also requesting feedback on a number of related considerations including chemical precautions, stabilization deadlines, dewatering prohibitions, construction waste requirements, training, and further documentation (i.e., site photographs). Public feedback is due to EPA on July 12.  The agency will host a webinar on the proposed permit on June 17 at 1:00 PM ET, please register at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.

AGC and its members provided preliminary feedback to EPA on the permit last year, and AGC will be drafting a response to the proposal.  If you have questions or feedback, please contact Melinda Tomaino at melinda.tomaino@agc.org.  Please provide your feedback to Ms. Tomaino by June 14 to aid in the development of AGC’s response.

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