EPA modifies Construction General Permit for stormwater discharges

Posted May 31, 2019

EPA has finalized a modification to the National Pollutant Discharge Elimination System (NPDES) 2017 Construction General Permit (CGP), which covers eligible stormwater discharges from construction activities in areas where EPA is the permitting authority. The changes take effect June 27, 2019.

EPA says the modification:

• removes examples of the types of parties that could be considered operators in the definition of operator;
• aligns three requirements that implement the Construction and Development Effluent Limitations Guidelines (ELG) and New Source Performance Standards (NSPS) with the ELG text; and
• clarifies individual operator responsibilities in multiple operator scenarios.

It does not affect the eligible coverage area; the number or type of entities eligible to be covered by the permit; or the five-year permit term of the original 2017 CGP, meaning the modified 2017 CGP will still expire on February 16, 2022.

EPA also notes that it does not affect state-issued CGPs, and says that existing operators covered under the 2017 CGP will still be covered under the modified permit.

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