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National Pollutant Discharge Elimination System (NPDES)

Final Modification of the 2017 Construction General Permit (CGP)

EPA finalized a modification to the 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 takes 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 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 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, 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. 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 does not affect state-issued CGPs.

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