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Storm Water Discharges Associated with Construction Activities

NOTE: Several links take you to other sites, you may have to back up or close the new window to return to this page. Many of the guidance documents, permits, etc. available on-line are in PDF format and you will need the free Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

WOULD YOU LIKE TO LEARN ABOUT:

NEW: Proposed Construction General Permit: On May 16, 2008 (96 FR 28457), EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 proposed for public comment the issuance of their 2008 National Pollutant Discharge Elimination System (NPDES) general permits for stormwater discharges from new dischargers engaged in large and small construction activities (2008 CGP).   This draft 2008 CGP contains the same limits and conditions as the Agency’s 2003 CGP with the exception of a few minor modifications which are detailed in the draft permit documents. As proposed, EPA is issuing this CGP for a period not to exceed two (2) years and will make the permit available to new construction activities and unpermitted ongoing activities only.

            EPA is currently developing new Construction & Development (C&D) effluent guidelines that would affect all future construction general permits, and therefore proposes a maximum two-year duration for this permit to coincide with the court-ordered deadlines for the C&D rule. Following finalization of the new C&D rule, EPA anticipates proposing a replacement five-year CGP incorporating the new guidelines.

            In addition to proposing this draft CGP, EPA is also requesting comments on the criteria to be used by the Agency to incorporate, by reference, ‘‘qualifying local program requirements’’ for erosion and sediment control as provided for in EPA’s regulations. A construction site operator with construction activities within the jurisdiction of the qualifying local program can follow local erosion and sediment control requirements in lieu of complying with comparable erosion and sediment control requirements in EPA’s CGP.

            The EPA Region 6 permits will cover discharges under EPA authority in the States of  New Mexico, Texas (e.g., construction related to oil and gas exploration and production) and Oklahoma (e.g., construction related to oil and gas exploration and production and certain agriculture industry facilities) and on Indian Country lands located in the States of Louisiana, New Mexico, Texas and Oklahoma.  EPA Region 6 is requesting certification of the appropriate permit or permit area under section 401 of the Clean Water Act from State and Tribal agencies with section 401 certification authority in New Mexico, Oklahoma, and Texas.  Any comments regarding a State or Tribal Section 401 certification would need to be directed to the applicable State or Tribal agency.

            Copies of the draft permit package and Federal Register notice (which includes information on how to submit comments by the June 16, 2008, deadline) are available on the Internet via http://www.epa.gov/npdes/stormwater/construction. 

NEW: Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites This guidance manual is intended as a helpful reference for construction site operators who must prepare a SWPPP in order to obtain NPDES permit coverage for their stormwater discharges. It describes the SWPPP development process and provides helpful guidance and tips for developing and implementing an effective SWPPP. In addition, the guide provides customizable SWPPP templates and a sample inspection report, in Microsoft Word format. This Guide may be used by construction site operators anywhere in the U.S. The SWPPP Template and Inspection form should be customized to meet the requirements in the applicable State Construction General Permit.

NEW: Final Amendments to the NPDES Regulations for Construction Stormwater Discharges Associated with Oil and Gas Exploration, Production, Processing, or Treatment Operations, or Transmission Facilities - published in Federal Register on June 12, 2006   NOTE: If you are now exempt from permitting, to terminate existing Construction General Permit coverage file a paper Notice of Termination (NOT) (cannot use the online electronic eNOT) and write in "exempt under the new Oil and Gas Construction Storm Water Rule" as the reason for termination.

NEW: eNOI System Available: You may now enter construction general permit NOIs online via the eNOI system. You may also search the NOI database online.


CONSTRUCTION STORM WATER PERMITTING IN REGION 6:

Under Phase I of the Storm Water Program, permits for discharge of storm water from construction activities that are part of a common plan of development or sale disturbing five or more acres have been required since October 1, 1992.  Phase II of the storm water program requires permits for "small" construction activities in the 1-5 acre range starting March 10, 2003.  There are some waivers available and a fact sheet on the "Low Rainfall Erosivity" ("R" Factor) waiver has been prepared.

Municipally owned or operated construction projects (e.g., public library, schools, etc.) by municipalities with a population under 100,000 were given a later date to start complying (see discussion on ISTEA temporary exemption on EPA's national web site). The date for small municipalities to start getting construction storm water permits is March 10, 2003.

The EPA-issued general permit for storm water associated with construction activities (Construction General Permit or CGP) was issued July 1, 2003. In EPA Region 6, this general permit is available for construction projects in New Mexico; oil & gas and agriculture point source (e.g., Concentrated Animal Feeding Operations-CAFOs, etc.) related construction projects in Oklahoma; oil & gas related construction projects in Texas; and construction projects on Indian Country lands in Louisiana, New Mexico (except Navajo and Ute Mountain Ute reservations -covered by the permits for EPA Regions 8 & 10). The requirements of the 2003 CGP are similar to the previous 1998 permits and will authorize the discharge of pollutants in storm water runoff associated with construction activities in accordance with the terms and conditions described therein. The CGP requires construction operators to submit a Notice of Intent (NOI) to be covered under the CGP. The NOI includes basic information about the operator and the project site. Prior to submission of the NOI, operators must develop a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP includes a description of the Best Management Practices (BMPs) that will be used to reduce pollutants in the storm water discharges. The CGP also requires operators to conduct regular site inspections, comply with Endangered Species Act requirements, and submit a Notice of Termination when construction is complete.

In order to fill out the Notice of Intent for Permit Coverage, you will need to determine whether endangered species are in the vicinity of your project, assess potential effects on endangered species, and certify that you meet at least one of the six (6) eligibility options. You must use the procedure in Appendix C of the permit to determine your eligibility and answer the NOI question "Under which criterion of the permit have you satisfied your ESA eligibility obligations?" EPA maintains a list of endangered species by county for use with Addendum A.
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Common Questions About the July 1, 2003 Construction General Permit

Q: What types of discharges does the Construction General Permit (CGP) cover?

A: This permit covers storm water discharges to waters of the US from construction activities occurring on 1 or more acres of land, or from projects less than 1 acre if the activity is part of a common plan exceeding 1 acre in total size. This permit extends coverage to sites that are one to five acres in size in accordance with Phase II of the NPDES storm water regulations (December 8, 1999). Sites that are five acres or larger have been regulated under previous versions of the CGP since the early 1990s.
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Q: Where is the CGP applicable? (Region 6 coverage highlighted)

A: The CGP applies in states where EPA remains the permitting authority. Most states are authorized to implement the NPDES permitting program and, therefore, develop and implement their own permits for construction activity. This permit applies to all storm water discharges associated with construction activity in NH, MA (soon), NM, ID, AK, the District of Columbia, all US territories except the Virgin Islands, most Indian Country.

There are several other instances where the CGP applies, including construction related to oil and gas activities in TX, oil and gas and certain agricultural and silvicultural activities in OK, and to federal facilities in CO, DE, VT and WA.
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Q: What are the general requirements of the CGP?

A: Construction operators must develop and implement Storm Water Pollution Prevention Plan (SWPPP) for their construction activities; the SWPPP describes the measures and practices that will be used to prevent or reduce pollutants in the storm water discharges. The operator must submit a Notice of Intent (NOI) form to EPA's Notice Processing Center for authorization under the CGP. This form includes basic information related to the operator, the site, and eligibility requirements. The operator must conduct regular site inspections, and maintain all controls as outlined in the SWPPP until final site stabilization is achieved. The operator must submit a Notice of Termination when construction is complete and the site has been stabilized.
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Q: What is the purpose of the new seven-day waiting period between NOI submittal and authorization under the construction general permit?

A: The seven-day NOI review period will be used by US Fish and Wildlife Service and the National Marine Fisheries Service to screen proposed construction activities for potential impacts on endangered species. The Services may determine that a project could impact an endangered species and that additional investigation is necessary. In that event, permit coverage will not be granted until the Service is satisfied that the proposed construction activity does not threaten an endangered species. In most cases, operators who follow the steps relating to endangered species that are outlined in the CGP should not encounter any additional delays beyond the seven-day waiting period.
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Q: If I had coverage under the previous CGP, or if my construction activity is already underway, must I apply for coverage under this CGP?

A: If construction activity at your site is continuing and you expect that:

1. Activity will continue beyond September 29, 2003, [90 days after the July 1st publication in the Federal Register] you will need to file a new NOI form and comply with the terms of the new CGP. Your new NOI is due on or before September 29, 2003.

2. Activity will be completed and you will meet the requirements for termination of coverage (see 2003 CGP, Part 5.1) before September 29, 2003, you may file a Notice of Termination (NOT) form using the new NOT form.
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Q: Are there any new requirements with respect to impaired waters and TMDLs?

A: For waters with TMDLs established or approved by EPA, the operator is now required to: 1) check with the TMDL authority to find out if there is a relevant wasteload allocation (WLA) and, if so, how that translates into conditions for specific dischargers, and 2) ensure that stormwater discharges remain consistent with the TMDL wasteload allocation. For impaired waters without TMDLs, there are no new requirements.
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Q: Is the NOI process changing in any way?

A: EPA is developing an electronic NOI system that will allow you to complete and submit your NOI to EPA electronically. This system will be available in the late summer of 2003. Submitting an NOI via EPA's electronic filing system will be the easiest and quickest way to obtain permit coverage.
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Q: How does the CGP protect the environment?

A: Erosion of sediment and discharges of other pollutants from construction sites are a significant source of water pollution across the country. The primary pollutant is sediment, but nutrients, metals and organics may also be pollutants of concern.
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Q: Is the oil and gas industry required to obtain permit coverage?

A: EPA has postponed, until March 10, 2005, the permit application requirements for oil and gas construction activities disturbing one to five acres of land. Oil and gas construction activities that disturb more than 5 acres of land are required to apply for coverage under the CGP.
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Q: Where can I get more information on the various CGP requirements?

A: EPA has developed a new website that contains a wide variety of information for construction site operators, including all of the applicable requirements and forms for the CGP. You can access this website at www.epa.gov/npdes/stormwater/cgp
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LINKS TO STATE PERMITS AND INDIVIDUAL PERMIT APPLICATIONS

State-issued Construction General Permits

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NOI PROCESSING CENTER:

To file an NOI or NOT electronically, visit the eNOI web site. To file a hard copy NOI or NOT, the current addresses for the NOI Processing Center are:

U.S. POSTAL SERVICE

Storm Water Notice of [Intent/Termination] (4203M)
US EPA - Ariel Rios Building
1200 Pennsylvania Ave., NW
Washington, DC 20460

However, the physical address is different in case you send the package via an express messaging service:

OVERNIGHT EXPRESS SERVICES ONLY

Storm Water Notice of [Intent/Termination]
US EPA - ICC Building, Room 7329
1201 Constitution Ave., NW
Washington, DC 20004

If you need to check on the status of your NOI/NOT or need a copy of your permit coverage confirmation letter, please contact the NOI Processing Center at: 1-866-352-7755. You can also check on your NOI and print out a copy of the NOI information online at the eNOI database search web site.

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Region 6 NPDES Storm Water Program Home Page

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