UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

AUG 0 5 2015 

OFFICE OF 

WATER 

Re: Notification of f inal Consultation and Coordination on Proposed Renewal of the EPA 

Stormwater Construction General Permit 

Dear Honorable Leader, 

The U.S. Environmental Protection Agency (EPA) is initiating consultation and coordination 

with federally-recognized Indian Tribes on the renewal of the National Pollutant Discharge 

Elimination System (NPDES) stormwater Construction General Permit (CGP) under the Clean 

Water Act (CWA). The EPA renews this permit every five years. The CGP regulates stormwater 

discharges from construction activities (including, but not limited to, clearing, grading, excavating, and 

stockpiling) that disturb one or more acres, or smaller sites that are part of a larger common plan of 

development or sale. 

Under the CW A NPDES stormwater program, construction operators must obtain coverage under a 

NPDES Permit consistent with the permit conditions. With limited exceptions, the EPA directly 

implements the NPDES program in Indian country where tribes do not have the EPA approval to 

administer the NPDES program; as a result, all eligible stormwater discharges from construction 

activities in Indian country fall under the CGP, or may be covered under an individual permit. 

Construction operators intending to seek coverage under the EPA's CGP must submit a Notice of Intent 

(NOJ) certifying that they have met the permit's eligibility conditions and that they will comply with the 

permit's requirements; discharge without coverage subjects the owner and/or operator of the 

construction activities to enforcement actions under the CW A. Additional information about the CGP 

can be found at http://water.epa.gov/polwaste/npdes/stormwater/EPA-Construction-General-Permit.cfm. 

This consultation and coordination process will be conducted in accordance ·with the EPA Policy 

on Consultation and Coordination (http://www.epa.gov/tribal/consultation/ index.htm). The EPA 

invites you and your designated consultation representative(s) to participate in this process. EPA 

specifically seeks your participation in a teleconference on Tuesday, September 22, 2015 at 2:30 

pm (eastern day light time). The EPA's anticipated timeline for the consultation and coordination 

period is from August 17, 2015, to October 13, 20 15. 

Enclosed is a consultation and coordination plan for this action that further describes the CGP 

renewal action under consultation and the process that the EPA intends to follow. including a 

timeline for the consultation and coordination period and information on how you can provide 

input on this action. This information is also available on the EPA's Tribal Portal 

(hllp:l/www.epa.gov/tribal/consultation). The official EPA contact person for this consultation 

and coordination process is Ms. Erika Farris, (202) 564-7548, Office of Wastewater 

Management, farris.erika@epa.gov. Please do not hesitate to contact Ms. Farris if you have any 

lntemel Address (URL) • hllp://www.epa.gov 

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questions or would like to request alternate arrangements to the process outlined in the 

consultation plan. 

Ifyou decide not to participate in this consultation process, you will still have the opportunity to 

provide input on this action during the public comment period following publication of the draft 

CGP in the Federal Register. The proposed permit renewal will be published in the Federal 

Register and accessible at www.regulations.gov. 

I look forward to hearing from you on this important matter. 

Sincerely yours, 

Water 

od~S Permits Division, Office of Water 

cc: Tribal Environmental Directors 

Regional Indian Coordinators 

Enclosure 
Consultation Plan-- Consultation and Coordination on Proposed Renewal ofthe EPA 

National Pollutant D ischarge Elimination System CNPDES) Storm Water Construction 

General Permit 

Background information on the initiative 

Section 402 of the Clean Water Act (CW A) prohibits the discharge of pollutants by point sources 

into surface waters without an NPDES permit issued by EPA or an authorized state or tribe. An 

NPDES permit can apply to an individual discharger, or cover multiple dischargers via a general 

permit (40 C.F.R. 122.28) for specific categories of discharges. 

With very limited exceptions provided by a specific Federal statute, EPA directly implements the 

NPDES program in Indian country where tribes do not have EPA approval to administer the 

NPDES program. This includes developing and issuing individual permits and general permits 

for tribal and non-tribal dischargers located on tribal lands. 

The action for which EPA is initiating tribal consultation is for the renewal of the NPDES 

general permit that covers storm water discharges from construction activities. The current 

Construction General Permit (COP), issued in 2012, is expiring in February 2017, at the 

end of its five-year term, which is the standard duration of all NPDES permits. The COP 

applies to storm water discharges from construction sites disturbing one or more acres of land 

or smaller sites that are part of a common plan of development of sale, where EPA is the 

permitting authority. EPA is the permitting authority for four states (Idaho, New Mexico, New 

Hampshire and Massachusetts), the District of Columbia, Puerto Rico and most other territories, 

certain discharges in some states, and Indian Country lands within Alabama, Alaska, Arizona, 

California, Colorado, Connecticut, Florida, Idaho, Iowa, Kansas, Louisiana, Massachusetts, 

Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North 

Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, 

Virginia, Washington, Wisconsin, and Wyoming. The 2012 COP includes additional waterquality based requirements EPA received from 15 Tribes under the CW A 401 certification 

process. 

The current 2012 COP has seen broad usage by operators in Indian country. From the effective 

date of the current permit through June 2015, over 1,400 notices for coverage or termination of 

coverage in Indian country have been submitted to EPA; these submissions are from almost 200 

Indian reservations in 30 States. 

The COP contains eligibility requirements that all operators must comply with before 

obtaining permit coverage, including requirements under the National Historic 

Preservation Act (NHPA) and the Endangered Species Act (ESA), and developing and 

implementing a stormwater pollution prevention plan (SWPPP). Construction site operators 

intending to seek coverage under EPA's COP must submit a Notice of Intent (NO I) certifying 

that they have met the permit's eligibility conditions and that they will comply with the permit's 

effluent limits and other requirements. 
At this time, we have identified certain conditions in the 2012 CGP permit that we are 

considering proposing changes. We specifically request comment on these changes that we are 

considering making, as well as all aspects of the 2012 CGP. 

• Streamlining the permit; 

• Revising the non-numeric technology-based effluent limitations based on the 2014 

Construction and Development effluent guidelines amendments; and 

• Make corrections and updates as appropriate. 

We are also specifically requesting comment on: 

• Making the stabilization deadlines and inspection frequencies the same for all sites (i.e., 

the same deadlines that apply to sensitive waters); 

• Requesting the SWPPP or portion of the SWPPP be publicly available on the NOI form; 

• Adding more protective controls for dewatering discharges; 

• Specific BMPs that would protect ESA-listed species and/or critical habitat from adverse 

effects. 

For more information visit http://water.epa.gov/polwaste/npdes/stormwater/EPA-ConstructionGeneral-Permit.cfm 

Potential impacts to Tribes 

All tribes, especially those that could potentially be affected by the renewal of the CGP 

are invited to participate. As described above, there has been significant use of the CGP 

in Indian country. This permit may be of high interest to tribes, and EPA appreciate any 

and all tribal views on the existing permit or on the revisions we are contemplating to 

strengthen the protection of our Nation's waters. 

As with the 2012 CGP, Indian lands in the EPA Regions 1, 2, 4, 5, 6, 7, 8, 9, and 10 will 

be covered by the renewed CGP. We are working with Region 3 to determine if it is 

appropriate to include the Virginia tribe within coverage. 

Opportunities for Tribes to participate 

The EPA is seeking discussion with tribes and feedback on the changes being considered 

for the renewal of the CGP. 

The agency will hold a tribes-only consultation teleconference for tribal leaders and staff. 

The teleconference will consist of two parts; the first part will provide tribes an 

opportunity to ask questions and learn more about the proposed CGP. The last part of the 

teleconference will be reserved for consultation comments from tribal leaders or their 

consultation designees. 
Tribes may also submit written consultation comments to: 

Ms. Erika Farris 

U.S. Environmental Protection Agency 

1200 Pennsylvania Ave, N.W. (MC 4203M) 

Washington, DC 20460 

farris. erika@epa. gov 

EPA will post consultation information in the Tribal Consultation Opportunities Tracking 

System (TCOTS) located on EPA's tribal portal 

(http:/ /tcots.epa.gov/oita/TConsul tation.nsf/TC?Open View). 

In addition to the tribal consultation process, Tribes may participate in the public review and 

comment process when the proposed COP is published in the Federal Register, which is 

currently scheduled for early 20 16. The EPA will provide information about the proposed 

permit on the EPA COP website at http://water.epa.gov/polwaste/npdes/stormwater/EPAConstruction-General-Permit.cfm 

The combined goal for all these efforts is to ensure there is sufficient information for tribal 

leaders to make an informed decision about the desire to continue with consultation and to 

understand how to provide informed input. 

Tribal Consultation and Coordination Process and Timeline 

Date/Time Event Contract Information 

August 17, 2015 Initiation of consultation Mailing to tribal leaders; e-mail to staff 

Sept. 22, 20 15 Tribal Leader EPA Contact: 

2:30 pm (EDT) Information and Erika Farris 

Consultation 202 564-7548 

Teleconference: farris.erika@epa.gov Proposed Renewal of 

the Construction General 

Teleconference No. 1 866-299-3188 Permit 

Code: 202 564-7548# 

Oct. 13,2015 End date of consultation 

Early 2016 Publication ofthe http://cfpub.cpa.gov/npdes/stormwate 

proposed renewal of r/cgp.cfm 

the CGP in the 

Federal Register and 

beginning of public 

comment period.