EPA issues 2022 Construction General Permit

The Environmental Protection Agency (EPA) is finalizing the 2022 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities. Commonly referred to as the 2022 Construction General Permit (CGP), this final permit replaced the 2017 CGP that expired in March. The 2022 CGP became effective in all areas of the country where EPA is the NPDES permitting authority, on February 17, 2022.

The Fact Sheet issued supporting the final permit states, “changes EPA is finalizing for the 2022 CGP are narrow in scope, targeted at specific issues, and are not expected to have a significant cost impact on the regulated industry” and categorizes the updates into two groups, changes providing clarity and those adding specificity.

Key requirements of the 2022 CGP include:

• Develop and maintain a Stormwater Pollution Prevention Plan (SWPPP).
• Complete and submit a Notice of Intent (NOI).
• Implement erosion and sediment controls and pollution prevention practices.
• Conduct required inspections to verify compliance with permit. (Inspections may only be conducted by a qualified person who has either: (1) completed the EPA construction inspection course and passed the exam, or (2) holds a current construction inspection certification or license from a program that covers the same core material as EPA’s inspection course.)
• Conduct routine maintenance and take corrective action to fix problems with controls or discharges.
• Complete documentation of all site inspections, dewatering inspections, and corrective actions.
• Comply with turbidity monitoring requirements for dewatering discharges to sensitive waters (if applicable).