On Wednesday, Dec. 12, the U.S. EPA released modifications to the 2017 Construction General Permit (CGP). This permit, which directly impacts states lacking regulatory primacy as well as Tribal lands and other areas where EPA is the regulatory authority, became effective on Feb. 16, 2017. However, the National Homebuilders and the Chesapeake Bay Foundation filed petitions shortly after the permit became active. The modifications released this week seek to address these petitions.
The modifications focus on three areas. The first modification addresses confusion regarding the term “operator” in the permit language by clarifying that project or site owners are not always to be considered the “operators” of the site, and that this term refers to parties who those who have control over construction plans and specifications or oversees day-to-day operational activities at a project site. The second modification addressed was to align three requirements of the Construction and Development, or “C & D” rule. These modifications clarify language regarding dust control, the minimization of channel erosion on construction sites, and the storage, handling and disposal of building materials on construction sites. The third modification addresses the common challenge of liability regarding sites with multiple project operators. This modification allows for multiple operators to submit a group Stormwater Pollution Prevention Plan (SWPPP) rather than each operator submitting a separate SWPPP. In this scenario, all operators would be liable to the terms of the SWPPP regardless of their specific role as an operator on the site.
The proposed modifications do not affect other areas in the permit and does not alter the five-year permit term of the current CBP, which remains in effect until Feb. 16, 2022.
The modification is posted on the Federal Register with a comment period ending on January 28, 2019: https://www.federalregister.gov/documents/2018/12/12/2018-26916/proposed-modification-to-national-pollutant-discharge-elimination-system-npdes-general-permit-for
