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2017 Construction General Permit

On January 11, 2017, EPA issued the 2017 Construction General Permit (CGP) that will take effect February 16, 2017 and will last for five years. Where EPA is the permitting authority (see below), construction stormwater discharges are almost all permitted under the Construction General Permit (CGP).

The NPDES stormwater program requires permits for discharges from construction activities that disturb one or more acres, and discharges from smaller sites that are part of a larger common plan of development or sale. Construction stormwater permits include effluent limits for erosion and sediment control, pollution prevention, and site stabilization from the Construction and Development Effluent Guidelines and Standards regulations.

The CGP requires compliance with effluent limits and other permit requirements, such as the development of a SWPPP. Construction operators intending to seek coverage under EPA's CGP must submit a Notice of Intent (NOI) certifying that they have met the permit’s eligibility conditions and that they will comply with the permit’s effluent limits and other requirements. To submit the NOI, the operator should use the “eNOI” system (or “electronic NOI system”).

Coverage under the 2017 CGP is available for eligible construction activities in the following areas:

  • Idaho, Massachusetts, New Hampshire, New Mexico, District of Columbia
  • American Samoa, Guam, Johnston Atoll, Midway and Wake Islands, North Mariana Islands, Puerto Rico
  • Indian Country lands within Alaska, Arizona, California, Colorado, Connecticut, Idaho, Iowa, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Washington, Wisconsin, Wyoming
  • Areas within Colorado, Delaware, Vermont, Washington subject to construction by Federal Operators
  • Limited areas of Oklahoma and Texas

The 2017 CGP is similar to the 2012 CGP, it replaces and includes discharge limitations and requirements for self-inspections, corrective actions, staff training, and development of a Stormwater Pollution Prevention Plan. It also includes several new features such as requiring waste containers to have lids or cover when not in use or at the end of the business day, requiring controls to minimize exposure of building materials containing PCBs to precipitation and stormwater, and requiring large disturbances to be stabilized faster.

Although construction activity in most states is not covered by the federal CGP, future state equivalent permits will have similar requirements. State general permits are typically re-issued every five years. To check the status of the stormwater permit in your state, see CICA's Stormwater State Resource Locator.

For more information on the CGP, see EPA's Construction General Permit section.

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