Jun. 3, 2019 EPA Finalizes Modifications

2017 Construction General Permit (CGP)

The U.S. Environmental Protection Agency (EPA) 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 the EPA is the permitting authority. The final modified permit will take effect on June 27, 2019.

A note for current CGP permittees: This final modification does not affect permit coverage, therefore no action is required of existing operators regarding your authorization to discharge under the CGP. If you were covered under the 2017 CGP, you will still be covered under the modified permit.

After the EPA issued the original 2017 CGP in January 2017, both the National Association of Home Builders and the Chesapeake Bay Foundation filed petitions for review in the D.C. Circuit. Based on new information provided to the EPA, the Agency proposed a permit modification on December 12, 2018 for a 45-day comment period to clarify the intent of certain permit requirements.

The final modification, which is substantially similar to the proposal, removed examples of the types of parties that could be considered operators in the definition of operator; aligned three requirements that implement the Construction and Development Effluent Limitations Guidelines (ELG) and New Source Performance Standards (NSPS) with the ELG text; and clarified individual operator responsibilities in multiple operator scenarios. The final modified 2017 CGP replaces the original 2017 CGP, but does not affect the eligible coverage area; the number or type of entities eligible to be covered by the permit; nor the five-year permit term of the original 2017 CGP, meaning the modified 2017 CGP will still expire on February 16, 2022. This modification did not affect state-issued CGPs.

The Federal Register Notice, the final modified permit, and the accompanying fact sheet are now published in the public docket on (ID# EPA-HQ-OW-2015-0828) and on the EPA's construction stormwater website. Below are the key documents: