2022 Construction General Permit

EPA signed its 2022 Construction General Permit (CGP) for stormwater discharges from construction activities on January 18, 2022. The 2022 CGP, which became effective on February 17, 2022. It replaces the 2017 CGP and will last for five years. 

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 is applicable where EPA is the permitting authority (see below). 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 2022 CGP is available for eligible construction activities in the following areas:

• 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

• Federal facilities within Colorado, Delaware, and Vermont, and areas within Washington subject to construction by a Federal operator

• Oil and gas activities in Oklahoma.

The 2022 CGP is like the 2017 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 new features, especially related to dewatering. 

With respect to dewatering, additional specificity is provided in terms of the types of pollutants that must be controlled in the discharge, and additional detail is provided on how erosion is to be minimized at the point of discharge. The following is a summary of the updated dewatering control requirements:

• To prevent discharges with visual turbidity, the 2022 permit clarifies that dewatering water must be routed through a sediment control that will minimize the sediment content of dewatering discharges.

• The permit also includes new text to clarify that dewatering discharges must not cause the formation of a visible sheen on the water surface, or visible oily deposits on the bottom or shoreline of the receiving water. This new text is intended to serve as a backstop to the requirement that the oil-water separator or similar filtration device be used in case such practices prove ineffective and need to be modified or replaced. 

• The permit was updated to emphasize the requirements on minimizing erosion: It requires the use of stable, erosion-resistant surfaces at the discharge point and prohibit the placement of dewatering controls on steep slopes. And, updates the requirement to comply with velocity dissipating measures at the point of the dewatering discharge to better align with the intended purpose of such measures (i.e., prevent dewatering-related erosion and related sediment discharges).

Although construction activity in most states is not covered by the federal CGP, future state equivalent permits may have similar requirements. States are not required to use the requirements in EPA's CGP, although some have chosen to use the same or similar permit conditions as are included in the CGP. State issued permits must meet their obligations under the CWA. Nothing in the Act precludes a State from adopting or enforcing requirements that may be more appropriate to address discharges in their State or are more stringent or extensive than those required under NPDES regulations. 

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.

More Information

EPA's 2022 Construction General Permit. Background information and links to full text regulations.