EPA intends to modify 2017 Construction General Permit

Washington, D.C. — In January 2017, the U.S. Environmental Protection Agency (EPA) issued the final National Pollutant Discharge Elimination System (NPDES) 2017 Construction General Permit (CGP), which provides coverage to eligible stormwater discharges from certain construction activities where EPA is the permitting authority. The CGP became effective on February 16, 2017.

Shortly after EPA issued the 2017 CGP, both the National Association of Home Builders and the Chesapeake Bay Foundation filed petitions for review of the permit in the D.C. Circuit.

EPA intends to pursue through notice and comment proceedings a permit modification to the 2017 CGP to provide clarification of certain permit conditions. The proposed changes would be narrow in scope and mainly focus on clarifying operator liability, clarifying operator responsibilities when there are multiple operators at a site sharing stormwater controls, and aligning some permit language more closely with effluent limitation guidelines related to construction and development.

EPA plans to propose these changes for public comment by the end of the 2018 calendar year. The current 2017 CGP remains effective while EPA pursues this permit modification. This proposed modification would not change the 5-year permit term currently in effect for the CGP nor would it affect State-issued CGPs.

EPA will post more information on the Construction Stormwater website (https://www.epa.gov/npdes/stormwater-discharges-construction-activities) and in the Regulations.gov Docket Folder (https://www.regulations.gov/docket?D=EPA-HQ-OW-2015-0828) where you will be able to see the proposed changes in the permit and submit a public comment during the public comment period following EPA’s issuance of a Federal Register notice. EPA will send out another notification when the public comment period begins.