Regulatory Developments

2017 Construction General Permit Available on February 16—Mark Your Calendars!

Upon the imminent publication of a notice of final permit issuance in the FR, all 10 EPA regions will issue the 2017 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities to waters of the United States, better known as the construction general permit (CGP). Succeeding the 2012 CGP, the 2017 CGP will become effective for 5 years beginning February 16, 2017.

The 2017 CGP applies to operators of construction activities that will disturb more than 1 acre of land. Alternatively, the 2017 CGP also applies to construction activities that disturb less than 1 acre land if the development is part of a larger common plan of development or sale that will ultimately disturb 1 acre or more.

The areas of geographic coverage of the permit include the states of New Hampshire, Massachusetts, New Mexico, and Idaho; most Indian country lands; and areas in selected states operated by a federal operator. Permit coverage is also available to eligible operators in Puerto Rico, the District of Columbia, and the Pacific Island territories, among others.

Effluent Limitations

As with individual NPDES permits, the Clean Water Act requires that operators covered by the CGP meet technology-based effluent limits based on the degree of control that can be achieved using various levels of pollutant control technology. The 2017 CGP includes effluent limitations (i.e., requirements for erosion, sediment, and pollutant prevention controls) and requirements for self-inspections, corrective actions, staff training, development of a stormwater pollution prevention plan (SWPPP), and other permit conditions.

All NPDES construction stormwater NPDES permits issued by the EPA or states must incorporate the requirements of the Agency’s amended March 2014 construction and demolition (C&D) effluent guidelines and standards rule. This rule included nonnumeric effluent limitations designed to prevent the mobilization and discharge of sediment and sediment-bound pollutants, such as metals and nutrients, and to prevent or minimize exposure of stormwater to construction materials, debris, and other sources of pollutants on construction sites. Nonnumeric effluent limitations are also intended to reduce the generation of dissolved pollutants.

New Provisions/Requirements

Those seeking coverage under the new CGP will be particularly interested in which changes the EPA has made to the 2012 CGP. The Agency lists nine changes, as follows:

  • Streamlined and simplified language to present requirements in a generally clearer and more readable manner;
  • Minor revisions to the technology-based effluent limits to incorporate the March 2014 amendments to the C&D rule;
  • Nonauthorization of nonstormwater discharges of external building wash-down waters containing hazardous substances such as paint or caulk containing polychlorinated biphenyls (PCBs);
  • A new requirement that operators post a sign or other notice of permit coverage at a safe, publicly accessible location in close proximity to the construction site;
  • Changes to the requirement for temporary stabilization of stockpiles or land-clearing debris piles from “where practicable” to requiring cover or appropriate temporary stabilization for all inactive piles that will be unused for 14 or more days;
  • A modified approach to stabilization deadlines, which is based on the concept of phasing construction disturbances;
  • A requirement that operators keep waste container lids closed when not in use and at the end of the business day for those containers that are actively used throughout the day, or, for waste containers that do not have lids, provide cover or a similarly effective means to minimize the discharge of pollutants;
  • A new requirement to implement controls on sites discharging to PCB-impaired waters to minimize the exposure of building materials containing PCBs to precipitation and stormwater; and
  • Three new questions that must be answered in the Notice of Intent (NOI) to be covered by the CGP (e.g., a yes/no question asking if there is demolition of a structure with at least 10,000 square feet of floor space that was built or renovated before January 1, 1980).

Appendices

The CGP is accompanied by 12 appendices that provide forms for the submittal of an NOI, Notice of Termination, low erosivity waiver, as well as step-by-step procedures for determining eligibility with respect to the protection of threatened and endangered species and historic properties and for complying with the permit’s natural buffer requirements.

The 2017 CGP, its appendices, and accompanying fact sheet are all available here.

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