Proposed 2017 Construction General Permit (CGP)

National Pollutant Discharge Elimination System General Permit for Discharges from
Construction Activities

In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 

### et

. seq., (hereafter CWA), as amended by the Water Quality Act of 1987, P .L. 100

- 4, “operators” of construction activities (defined in Appendix A) that meet the requirements of Part 1.1 of this National Pollutant Discharge Elimination System (NPDES) general permit, are authorized to discharge pollut ants in accordance with the effluent limitations and conditions set forth herein. Permit coverage is required from the “commencement of construction activities” (see Appendix A)

until one of the conditions for terminating CGP coverage has been met (see Par t 8.2 ).

This permit becomes effective on [insert permit effective date]

. This permit and the authorization to discharge expire at midnight, [insert date 5 years from

effective date ]

.

Signed and issued this day of 2017

Name Title, Region 1 Signed and issued this day of 2017

Name Title, Region 6

Signed and issued this day of 2017

Name Title, Region 2 Signed and issued this day of 2017

Name Title, Region 7

Signed and issued this day of 2017

Name Title, Region 2 Caribbean Office Signed and issued this day of 2017

Name Title, Region 8

Signed and issued this day of 2017

Name Title, Region 3 Signed and issued this day of 2017

Name Title, Region 9

Signed and issued this day of 2017

Name Title, Reg ion 4 Signed and issued this day of 2017

Name Title, Region 10

Signed and issued this day of 2017

Name Title, Region 5Proposed 2017 Construction General Permit (CGP)

P age i CONTENTS

1 How to Obtain Coverage Under the Construction Genera l Permit (CGP)

................................ ... 1

1.1 Eligibility Conditions

................................ ................................ ................................ .......................... 1

1.2 Types of Discharges Authorized

................................ ................................ ................................ ..... 2

1.3 Prohibited Discharges

................................ ................................ ................................ ...................... 4

1.4 Submitting your Notice of Intent (NOI)

................................ ................................ ......................... 4

1.5 Requirement to Post a Notice of Your Permit Coverage

................................ ......................... 6

2 Technology

- Based Effluent Limitations

................................ ................................ ............................. 7

2.1 General Stormwater Control Design, Installation, and Mainte nance Requirements

......... 7

2.2 Erosion and Sediment Control Requirements

................................ ................................ ............. 8

2.3 Pollution Prevention Requirements

................................ ................................ ............................. 14

2.4 Construction Dewatering Requirements

................................ ................................ .................... 17

3 Water Quality

- Based Effluent Limitations

................................ ................................ ........................ 18

3.1 General Effluent Limitation to Meet Applicable Water Quality Standards

......................... 18

3.2 Discharge Limitations for SItes Discharging to Sensitive Waters

................................ ............ 19

4 Site Inspection Requirements

................................ ................................ ................................ .......... 19

4.1 Person(s) Responsible for Inspecting Site

................................ ................................ ................... 19

4.2 Frequency of Inspections.

................................ ................................ ................................ ............. 20

4.3 Increase in Inspection Frequency for Sites Discharging to Sensitive Waters.

...................... 20

4.4 Reductions in Inspection Frequency

................................ ................................ .......................... 21

4.5 Areas that MUST Be Inspected

................................ ................................ ................................ ..... 22

4.6 Requirements for Inspections

................................ ................................ ................................ ....... 22

4.7 Inspection Report

................................ ................................ ................................ ........................... 23

4.8 Inspections By EPA

................................ ................................ ................................ .......................... 23

5 Corrective Actions

................................ ................................ ................................ ............................ 24

5.1 Conditions Triggering Corrective Action.

................................ ................................ ................... 24

5.2 Corrective Action Deadlines

................................ ................................ ................................ ........ 24

5.3 Correcti ve Action Required by EPA

................................ ................................ ............................ 24

5.4 Corrective Action Report

................................ ................................ ................................ .............. 25

6 Staff Training Requirements

................................ ................................ ................................ .............. 26

7 Stormwater Pollution Prevention Plan (SWPPP)

................................ ................................ .............. 27

7.1 General Requirements

................................ ................................ ................................ .................. 27

7.2 SWPPP Contents

................................ ................................ ................................ .............................. 27

7.3 On

- Site Availability of Your SWPPP

................................ ................................ .............................. 33

7.4 SWPPP Modifications

................................ ................................ ................................ ...................... 33Proposed 2017 Construction General Permit (CGP)

P age ii 8 How to Terminate Coverage

................................ ................................ ................................ ........... 34

8.1 Minimum Information Required in NOT

................................ ................................ ...................... 34

8.2 Conditions for Terminating CGP Coverage

................................ ................................ .............. 34

8.3 How to Submit Your NOT

................................ ................................ ................................ ............... 35

8.4 Deadline for Submitting the NOT

................................ ................................ ................................ . 35

8.5 Effective Date of Termination of Coverage

................................ ................................ .............. 35

9 Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories

............. 35

Appendix A: D efinitions and Acronyms

................................ ................................ ................................ .. A

- 1

Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses

............................. B

- 1

Appendix C: Small Construc tion Waivers and Instructions

................................ ................................ C

- 1

Appendix D: Eligibility Procedures Relating to Threatened and Endang ered Species Pro tection

... D

- 1

Appendix E: Histori c Property Screening Process

................................ ................................ .................. E

- 1

Appendix F: List of Tier 3 , Tier 2, and Tier 2.5 Waters

................................ ................................ .............. F

- 1

Append ix G: Buffer Requirements

................................ ................................ ................................ .......... G

- 1

Appendix H : 2

- Year, 24

- Hour Storm Frequencies

................................ ................................ .................. H

- 1

Appendix I: Standard Permit Conditi ons

................................ ................................ ................................ .. I

- 1

Appendix J: Notice of Inten t (NOI) Form and Instructions

................................ ................................ ... J

- 1

Appendix K: Notice of Terminatio n (NOT) Form and Instructions

................................ ...................... K

- 1

Appendix L: Suggest ed Format for Request for Chemical Treatment

................................ .............. L

- 1Proposed 2017 Construction General Permit (CGP)

Page 1 1 HOW TO O BTAIN C OVERAGE U NDER THE CONSTR UCTION GENERAL PERMI T ( CGP )

To be covered under this permit, you must meet the eligibility conditions and follow the requirements for obtaining permit coverage in this Part.

1.1 E LIGIBILITY C ONDITIONS

1.1.1 You are an “operator” (as defined in Appendix A) of a const ruction site for which discharges will be covered under this permit; 1

1.1.2 Your site’s construction activities:

Will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sal e that will ult imately disturb one or more acres of land; or

Have be en designated by EPA as needing permit coverage under 40 CFR 122.26(a)(1)(v) or 40 CFR 122.26(b)(15)(ii);

1.1.3 Your site is located in an area where EPA is the permitting authority (see Appendix B);

1.1.4 Discharge s from your site are not:

Already covered by a different NPDES permit for the same discharge; or

In the process of having coverage under a different NPDES permit for the same discharge denied, terminated, or revoked. 2

, 3

1 Where there are multiple operators associated with the same site, all operators are required to obtain permit coverage. The following applies in these situations:

1. Operators may divide responsibility for compliance with the terms of this permit provided that each Stormwater Pollution Prevention Plan ( SWPPP ) , or a group SWPPP, docu ments which operator has responsibility for each requirement of the permit. However, the sharing of responsibilities for complying with the terms of the permit does not waive an individual operator’s liability should another operator fail to implement any measures that are necessary for that individual operator to comply with the permit. In addition, where responsibilities are shared, all operators must ensure, either directly or through coordination with other operators, that their activities do not render any other operators’ controls and/or any shared controls ineffective. Thus, each individual operator is liable for compliance with all applicable requirements of the permit, including the installation and maintenance of any shared controls, regardless of how permit responsibilities are allocated among multiple operators.

2. If any individual operator develops a separate SWPPP, that operator remains responsible for compliance with all effluent limits, terms, and conditions of this permit that apply to dis charges of stormwater from the operator’s site, including requirements that apply to any shared controls relied upon by the operator.

3. If the operator of a “construction support activity” (see Part 1.2.1c ) is different than the operator of the main site, that operator is also required to obtain permit coverage.

Request for comment 1 : EPA requests comment on whether the permit should include a provision for sites with multiple operators requiring those operators to develop a group SWPPP,
which would provide in one place documentation as to how the permit responsibilities will be divided among the permitted parties.

2 Parts 1.1.4a and 1.1.4b do not include sites currently covered under the 2012 CGP, which are in the process of obtaining coverage under this permit, and sites covered under this permit, that are transferring coverage to a different operator.

3 Notwithstanding a site bei ng made ineligible for coverage under this permit because it falls under the description of Parts 1.1.4a or 1.1.4b , above, EPA may waive the applicable requirement af ter specificProposed 2017 Construction General Permit (CGP)

Page 2 1.1.5 You are able to demonstrate that yo u meet one of the criteria listed in Appendix D with respect to the protectio n of species that are federally listed as endangered or threatened under the Endangered Species Act (ESA) and federally designated critical
habitat;

1.1.6 You have completed the screeni ng process in Appendix E relating to the protection of historic properties; and

1.1.7 You have complied with all requirements in Part 9 imposed by the applicable state, Indian tribe, or territory in which your construction activities and/or discharge will occur.

1.1.8 For “new sources” (as defined in Appendix A) only:

Y ou are not eligible for coverage under this permit for discharges that EPA, prior to authorization under this permit, determines will cause, have the reasonable potential

to cause, or contribute to an excursion above any applicable water quality standard. Where such a determination is made prior to authorization, EPA may notify you that an individual permit application is necessary. However , EPA may authorize your coverage und er this permit after you have included appropriate controls and implementation procedures designed to bring your discharge into compliance with water quality standards. In the absence of information demonstrating otherwise, EPA expects that compliance with the requirements of this permit, including the requirements applicable to such discharges in Part 3 , will result in discharges that will not cause, have the reasonable potential to cause, or contribute to an excursion

above an y applicable water quality standard.

Y ou are eligible to discharge to a Tier 2, Tier 2.5, or Tier 3 water 4 only if your discharge will not lower the water quality of the applicable water. In the absence of information demonstrating otherwise, EPA expects t hat compliance with the requirements of this permit, including the requirements applicable to such discharges in Part 3.2 , will result in discharges that will not lower the water quality of the applicable water.

1.1.9 If you plan to add “ cationic treatment chemicals ” (as defined in Appendix A) to stormwater and/or authorized non

- stormwater prior to discharge , you may not submit your Notice of Intent (NOI) unless and until you notify your applicable EPA Regional
Office (see Appendix L) in advance and the EPA Regional O ffice authorizes coverage under this permit after you have included appropriate controls and implementation procedures designed to ensure that your use of cationic treatment chemicals will not

lead to discharges that cause a n exceedance of water quality standards.

1.2 TYPES OF D ISCHARGES A UTHORIZED 5

1.2.1 The following stormwater discharges are authorized under this permit provided that appropriate stormwater controls are designed, installed, and maintained (see Part 2 ) :

review if it determines that coverage under this permit is appropriate.

4 Note: Your site will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first water to which you discharge is identified by a state, tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges that

enter a storm sewer system prior to discharge, the first water of the U.S. to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system. See list of Tier 2, Tier 2.5, and Tier 3 waters in Appendix F.

5 Note: Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under CWA section 402(k) by disclosure to EPA, state, or local authorities after issuance of this permit via any means, including the Notice of Intent (NOI) to be covered by the permit, the SWPPP, or during an inspection.Proposed 2017 Construction General Permit (CGP)

Page 3 Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity under 40 CFR 122.26(b)(14)

or 122.26(b)(15)(i);

Stormwater discharges designated by EPA as needing a permit un der 40 CFR 122.26(a)(1)(v) or 122.26(b)(15)(ii);

Stormwater discharges from construction support activities ( e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal are as, borrow areas ) provided that :

i. The support activity is directly related to the construction site required to have permit coverage for stormwater discharges;

ii. The support activity is not a commercial operation, nor does it serve multiple

unrelated construc tion sites ;

iii. The support activity does not continue to operate beyond the completion of the construction activity at the site it supports; and

iv. Stormwater controls are implemented in accordance with Part 2 and, if applicable, Par t 3 , for discharges from the support activity areas.

1.2.2 The following non

- stormwater discharges associated with your construction activity are authorized under this permit provided that, with the exception of water used to control dust and to irrigate vegetation in stabilized areas, these discharges are not routed to areas of exposed soil on your site and you comply with any applicable requirements for these discharges in Part 2 :

Dischar ges from emergency fire

- fighting activities;

Fire hydrant flushings;

Landscape irrigation;

Water used to wash vehicles and equipment, provided that there is no discharge of soaps, solvents, or detergents used for such purposes;

Water used to control dust;

Potable water including uncontaminated water line flushings;

E xternal building washdown , provided soaps, solvents, and detergents are not used

, and external surfaces do not contain hazardous substances (e.g., paint or caulk containing PCBs) ;

Request for Co mment 2 : It is EPA’s expectation that very few sites will be conducting external building washdown activities under the CGP, and that of the few permittees that will conduct these activities, most of the resulting discharges will not contain hazardous subs tances. EPA also expects that many permittees needing to conduct external building washdown activities can do so without discharging into a waterbody, e.g.

, by directing washwater flow into a pervious or vegetated area for infiltration. Thus, EPA assumes t hat any increase in burden associated with the proposed new condition that such discharges must not contain hazardous substances will be minimal. EPA requests comment on this proposed new condition, and is interested in receiving feedback on how frequently external building washdown activities are conducted by permittees covered under the CGP, and how frequently such discharges are expected to contain hazardous substances (e.g.

, paint or caulk containing PCBs).Proposed 2017 Construction General Permit (CGP)

Page 4 Pavement wash waters provided spills or leaks of toxic or hazardous substances have not occurred (unless all spill material has been removed) and where soaps, solvents,

and detergents are not used. You are prohibited from directing pavement wash waters directly into any water of the U.S. , storm drain inlet, or stormwater conveyance, unless the conveyance is connected to a sediment basin, sediment trap, or similarly effective control;

Uncontaminated air conditioning or compressor condensate;

Uncontaminated, non

- turbid discharges of ground water or sprin g water;

Foundation or footing drains where flows are not contaminated with process materials such as solvents or contaminated ground water; and

Construction dewatering water discharged in accordance with Part 2.4

.
1.2.3 Also authorized under this permit are d ischarges of stormwater listed above in Part 1.2.1

, or authorized non

- stormwater discharges listed above in Part 1.2.2 , commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

1.3 PROHIBITED DISCHARGES 6

1.3.1 Wastewater from washout of concrete;

1.3.2 Wastewater from washout and cleanout of stucco, paint, form release oils, curi ng compounds

, and other construction materials;

1.3.3 Fuels, oils, or other pollutants used in vehicle and equipment operation and

maintenance ;

1.3.4 Soaps, solvents, or detergents used in vehicle and equipment washing or external building washdown ; and

1.3.5 Toxic or haza rdous substances from a spill or other release.

To prevent the above

- listed prohibited non

- stormwater discharges, operators are required to comply with the applicable pollution prevent requirements in Part 2.3

.

1.4 S UBMITTING YOUR N OTICE OF I NTENT (NOI)

All “operators” (as defined in Appendix A) associated with your construction site , who

meet the Part 1.1 eligibility requirements, and who seek coverage under this permit, are required to submit to EPA a complete and accurate NOI in accordance with the

deadlines in Table 1 prior to commencing construction activities. 7

Exception: If you are conducting construction activities in response to a public

emergency (e.g., mud slides, eart hquake

, extreme flooding conditions

, widespread disruption in essential public services)

, and the related work requires immediate authorization to avoid imminent endangerment to human health, public safety, or the environment, or to reestablish essential p ublic services, you are authorized to discharge on the condition that a complete and accurate NOI is submitted within 30 calendar days after commencing construction activities (see Table 1) establishing that you are

6 EPA includes these prohibited non

- stormwater discharges here as a reminder to the operator that the only

non

- stormwater di scharges authorized by this permit are at Part 1.2.2

. Any unauthorized non

- stormwater discharges must be covered under an individual permit or alternative general permit.

7 You must develop a SWPPP consistent with Part 7 prior to submitting your NOI for coverage under this permit.Proposed 2017 Construction General Permit (CGP)

Page 5 eligible for coverage under this permit. You are also required to provide documentation in your Stormwater Pollution Prevention Plan ( SWPPP ) to substantiate the occurrence of the public emergency.

1.4.1 How to Submit Your NOI

You are required to use EPA’s NPDES eReporting Tool (NeT) to electronically prepare and submit your NOI for coverage under the 2017 CGP , unless you received a waiver from your EPA Regional Office

. To access NeT, g o to https ://www.epa.gov/npdes/stormwater

- discharges

construction

- activities#ereporting

. Waivers from electronic repo rting may be granted based on one of the following

conditions:

a. If your operational headquarters is physically located in a geographic area ( i.e., ZIP code or census tract ) that is identified as under

- served for broadband

Internet access in the most recent report from the Federal Communications
Commission; or

b. If you have limitations regarding available computer access or computer capability.

If the EPA Regional Office grants you approval to use a paper NOI, and you elect to use it, you must complete the form in Appendix J.

1.4.2 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage

Table 1 provides the deadlines for submitting your NOI and the official start date of your permit coverage, which differ depending on when you commence construction

activities.

Table 1 NOI Submittal Deadlines and Official Start Date for Permit Coverage.

Type of Operator NOI Submittal Deadline 8 Permit Authorization Date 9

Operator of a new site ( i.e., a site where construction

activities com mence on or after February 16, 2017 ) At least 14 calendar days prior to commencing

construction activities. 14 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization is delayed

or denied. Operator of an existing site (i.e., a site with 2012 CGP

coverage where construction

activities commenced prior to February 16, 2017 ) No later than [ 90 calendar days after permit effective

date ].

8 If you missed the deadline to submit your NOI, any and all discharges from your construction activities will

continue to be unauthorized under the CWA until they are co vered by this or a different NPDES permit. EPA may take enforcement action for any unpermitted discharges that occur between the commencement of

construction activities and discharge authorization.

9 Discharges are not authorized if your NOI is incomplete or inaccurate or if you are not eligible for permit

coverage.Proposed 2017 Construction General Permit (CGP)

Page 6 New operator of a new or existing site ( i.e., an operat or that through transfer of ownership and/or operation replaces the operator of an already permitted

construction site ) At least 14 calendar days
before the date the transfer to the new operator will take place.

Operator of an “emergency

related project ” ( i.e., a project initiated in response to a public emergency (e.g., mud slides, earthquake

, extreme flooding conditions, disruption in essential public services), for which the related work requires

immediate authorization to

avoid imminent endangerment to human
health or the environment, or to reestablish essential public

services ) No later than 30 calendar days after commencing

construction activities. You are considered provisionally covered under

the terms and conditions of this permit immediately, an d fully covered 14 calendar days after EPA notifies you

that it has received a complete NOI, unless EPA notifies you that your authorization is delayed or

denied.

1.4.3 Modifying your NOI

If after submitting your NOI you need to correct or update any fields, yo u may do so by submitting a “Change NOI” form using NeT. Waivers from electronic reporting may be granted as specified in Part 1.4.1

. If you the EPA Re gional Office has granted you approval to submit a paper NOI modification

, y ou may indicate any NOI changes on the same NOI form in Appendix J.

When there is a change to the site’s operator, a new NOI must be submitted by the new operator, and the previous operator must submit a Notice of Termination (NOT) form as specified in Par t 8.3

.
1.4.4 Your Official End Date of Permit Coverage

Once covered under this permit, your coverage will last until the date that:

a. You terminate permit coverage consistent with Part 8; or

b. You receive permit coverage under a differen t NPDES permit or a reissued or replacement version of this permit after expiring on February 16, 2022 ; or

c. You fail to submit an NOI for coverage under a revised or replacement version of this permit prior to the deadline for existing construction sites wh ere construction activities continue after this permit has expired

.

1.5 REQUIREMENT TO POST A NOTICE OF YOUR PER MIT COVERAGE

You must post a sign or other notice of your permit coverage at a safe, publicly accessible location in close proximity to the constru ction site. The notice must be located so that it is visible from the public road that is nearest to the active part of the construction site, and it must use a font large enough to be readily viewed from a public right

- of

- way

. At a minimum, the notice mus t include the NPDES ID ( i.e., permit tracking number assigned to your NOI )

, a contact name and phone number for obtainingProposed 2017 Construction General Permit (CGP)

Page 7 additional construction site information , and if available, the Uniform Resource Locator (URL) for the SWPPP

. The notice must include the following statement “If you observe indicators of stormwater pollutants in the discharge or in the receiving waterbody, contact the EPA Regional Office at [include the appropriate Regional Office contact information for noncompliance reporting found at https ://www2.epa.gov/national

pollutant

- discharge

- elimination

- system

- npdes/contact

- us

- stormwater#regional ].”

2 TECHNOLOGY

- BASED EFFLUENT LIMITATIONS

You are required to comply with the following technology

- based effluent limitations in

this Part for all authorized discharges

. 10

2.1 GENERAL STORMWATER CONTROL DESIGN

, INSTALLATION , AND MAINTENANCE
REQUIREMENTS

You must design

, install , an d maintain stormwater controls required in Parts 2.2 and

2.3 to minimize the discharge of pollutants in stormwater from construction activities.

To meet this requirement, you must:

2.1.1 Account for the f ollowing factors in designing your stormwater controls:

The expected amount, frequency, intensity, and duration of precipitation;

The nature of stormwater runoff and run

- on at the site, including factors such as expected flow from impervious surfaces, slo pes, and site drainage features. Y ou must design stormwater controls to control stormwater volume, velocity, and peak flow

rates to minimize discharges of pollutants in stormwater and to minimize channel and

streambank erosion and scour in the immediate vi cinity of discharge points ; and

The soil type and range of soil particle sizes expected to be present on the site

.
2.1.2 D esign and install all stormwater controls in accordance with good engineering practices, including applicable design specifications

. 11

2.1.3 Comple te installation of stormwater controls by the time each phase of construction

activities has begun

. By the time construction activities in any given portion of the site begins , install and make operational any downgradient sediment controls ( e.g., buffers , perimeter controls, exit point controls, storm drain inlet protection ) that control discharges from the initial site clearing, grading, excavating, and other earth

- disturbing activities. 12

10 For each of the effluent limits in Part 2 , as applicable to your site, you must include in your SWPPP (1) a description of the specific control(s) to be implement ed to meet the effluent limit; (2) any applicable design specifications; (3) routine maintenance specifications; and (4) the projected schedule for its installation/implementation. See Part 7.2.6

.

11 You must also comply with a ny additional design and installation requirements specified for the effluent

limits in Part s 2.2 and 2.3 . Design specifications may be found in manufacturer specifications and/or in applicable ero sion and sediment control manuals or ordinances. Any departures from such specifications must reflect good engineering practice and must be explained in your SWPPP.

12 Note that t he requirement to install sto rmwater controls prior to each phase of construc tion activities for

the site does not apply to the earth disturbance associated with the actual installation of these controls. Operators should take all reasonable actions to minimize the discharges of pollutants during the installation

of stormwater cont rols.Proposed 2017 Construction General Permit (CGP)

Page 8 Following the installation of these initial controls, install and make operational all

stormwater controls needed to control discharges prior to subsequent earth

disturbing activities

.

2.1.4 Ensure that all stormwater controls are maintained and remain in effective operating condition during permit coverage and are protected f rom activities that would reduce

their effectiveness.

C omply with any specific maintenance needs for the stormwater controls listed in this permit, as well as any recommended by the manufacturer.

If at any time you find that a stormwater control need s ro utine maintenance, you

must immediately initiate the needed maintenance work, and complete such work by the close of the next business day.

If at any time you find that a stormwater control needs repair or replacement, you must comply with the corrective a ction requirements in Part 5

.

2.2 EROSION AND SEDIMENT CONTROL REQUIREMENTS

You must implement erosion and sediment controls in accordance with the following requirements to minimize the discharge of pollutants in stormwater from c onstruction

activities

.
2.2.1 Provide and maintain n atural buffers and/ or e quivalent erosion and sediment c ontrols

when a water of the U.S. is located within 50 feet of the site’s earth disturbances

. Compliance Alternatives. For any discharges to waters of the U.S. located within 50

feet of your site ’s earth disturbances , you must comply with one of the following

alternatives:

i. Provide and maintain a 50

- foot undisturbed natural buffer; or

ii. Provide and maintain an undisturbed natural buffer that is less than 50 fee t and is supplemented by erosion and sediment controls that achieve , in combination, the sediment load reduction equivalent to a 50

- foot undisturbed natural buffer; or

iii. If infeasible to provide and maintain an undisturbed natural buffer of any size, impleme nt erosion and sediment controls to achieve the sediment load reduction equivalent to a 50

- foot undisturbed natural buffer

. See Appendix G, Part G.2 for additional conditions applicable to each compliance

alternative.

Exceptions. See Appendix G, Part G.2 for exceptions to the compliance alternatives

.

2.2.2 Direct stormwater to vegetated areas and maximize stormwater infiltration and filtering to reduce pollutant discharges , unless infeasible.

2.2.3 Install sediment controls along any perimeter areas of the site that will receive pollutant discharges

. 13

Remove sediment before it has accumulated to one

- half of the above

- ground height of any perimeter control

. Exception

. For areas at “ linear construction sites” (as defined in Appendix A) where perimeter controls are infe asible (e.g., due to a limited or restricted right

- of

- way),

13 Examples of perimeter controls include filter berms, silt fences, vegetative strips, and temporary diversion

dikes.Proposed 2017 Construction General Permit (CGP)

Page 9 implement other practices as necessary to minimize pollutant discharges to perimeter

areas of the site

.
2.2.4 Minimize sediment t rack

- o ut.

Restrict vehicle use to properly designated exit points;

Use a ppropriate stabilization techniques 14 at all points that exit onto paved roads

. Exception : S tabilization is not required for exit points at linear utility construction sites that are used only episodically and for very short durations over the life of the p roject, provided other exit point controls 15 are implemented to minimize sediment track

- out ;

I mplement additional track

- out controls 16 as necessary to ensure that sediment removal occurs prior to vehicle exit; and

Where sediment has been tracked

- out from you r site onto paved roads , sidewalks, or other paved areas, remove the deposited sediment by the end of the same business day in which the track

- out occurs or by the end of the next business day if track

- out

occurs on a non

- business day. R emove the track

- out by sweeping, shoveling, or vacuuming these surfaces, or by using other similarly effective means of sediment removal. You are prohibited from hosing or sweeping tracked

- out sediment into any stormwater conveyance

, storm drain inlet, or water of the U.S

. 17

2.2.5 Manage stockpiles or land clearing debris piles composed, in whole or in par t, of

sediment and/ or soil :

Locate the piles outside of any natural buffers established under Part 2.2.1 and away from any stormwater conveyances, drai n inlets, and areas where stormwater flow is

concentrated ;

Surround piles with a sediment barrier; 18

P rovide cover or appropriate temporary stabilization (consistent with the requirements of Part 2.2.14)

, and contain and securely protect from wind , for pile s that will be unused for 14 or more days ; and

You are prohibited from hosing down or sweeping soil or sediment accumulated on pavement or other impervious surfaces into any stormwater conveyance, stor m drain
inlet, or water of the U.S

.

14 Examples of appropriate stabilization techniques include the use of aggregate stone with an underlying geotextile or non

- woven filter fabric, and turf mats.

15 Examples of other exit point controls include preventing the use of exit points during wet periods; minimizing exit point use by keeping vehicles on site to the extent possible; limiting exit point size to the

width needed for vehicle and equipment usage; using scar ify ing and compaction techniques on the soil; and avoiding establishing exit points in environmentally sensitive areas (e.g., karst areas; steep slopes.

16 Examples of additional track

- out controls include the u se of wheel washing, rumble strips, and rattle plates.

17 F ine grains that remain visible (i.e., staining) on the surfaces of off

- site streets, other paved areas, and sidewalks after you have implemented sediment removal practices are not a violation of Pa rt 2.2.4.

18 Examples of sediment barriers include berms, dikes, fiber rolls, silt fences, sandbag s , gravel bags, or straw

bale.Proposed 2017 Construction General Permit (CGP)

Page 10 2.2.6 Minimiz e dust

. On areas of exposed soil, minimize the generation of dust through the appropriate application of water or other dust suppression techniques.

2.2.7 Minimize s teep s lope disturbances

. Minimize the disturbance of “steep slopes” ( as defined in Appendix A).

2.2.8 Preserve na tive topsoil , unless infeasible. 19

2.2.9 Minimize soil compaction

. 20 In areas of your site where final vegetative stabilization will occur or where infiltration practices will be installed:

Restrict vehicle and equipment use in these locations to avoid soil comp action; and

Prior to seeding or planting areas of exposed soil that have been compacted, use techniques that rehabilitate and condition the soils as necessary to support vegetative growth.

2.2.10 Protect storm drain inlets

.

I nstall inlet protection measures that remove sediment from discharges prior to entry

into any storm drain inlet that carries stormwater flow from your site to a water of the U.S. that you have authority to access ; 21 and

Clean, or remove and replace, the protection measures as sediment accumula tes, the filter becomes clogged, and/or performance is compromised. Where there is evidence of sediment accumulation adjacent to the inlet protection measure, remove the deposited sediment by the end of the same business day in which it is found or by the end of the following business day if removal by the same business day is not feasible.

2.2.11 Minimize erosion of stormwater conveyance channels and their embankments, outlets, adjacent streambanks, slopes, and downstream waters. Use erosion controls and ve locity dissipation devices 22 within and along the length of any stormwater conveyance channel and at any outlet to slow down runoff to minimize erosion

.
2.2.12 If you install a sediment basin or similar impoundment:

Situate the basin or impoundment outside of any water of the U.S. and any natural

buffers established under Part 2.2.1 ;

Design the basin or impoundment to avoid collecting water from wetlands;

19 Stockpiling topsoil at off

- site locations, or transferring topsoil to other locations, is an example of a practice that is c onsistent with the requirements in Part 2.2.8

. Preserving native topsoil is not required where the intended function of a specific area of the site dictates that the topsoil be disturbed or removed. For example, some sites may be designed to be highly impervious after construction, and therefore little or no vegetation is intended to remain, or may not have space to stockpile native topsoil on site for later use, in which case, it may not be feasible to preserve topsoil.

20 Minimizing soil compaction is not required where the intended function of a specific area of the site dictates that it be compacted.

21 Inlet protection measures can be removed in the event of flood conditions or to prevent erosion.

22 Exampl es of velocity dissipation devices include check dams, sediment traps, riprap, and grouted riprap

at outlets.Proposed 2017 Construction General Permit (CGP)

Page 11 Design the basin or impoundment to provide storage for either:

i. The calc ulated volume of runoff from a 2

- year, 24

- hour storm ( see Appendix H ); or

ii. 3,600 cubic feet per acre drained.

Utilize outlet structures that withdraw water from the surface of the sediment basin or similar impoundment , unless infeasible; 23

Use erosion contro ls and velocity dissipation devices to preven t erosion at inlets and
outlets; and

R emove accumulated sediment to maintain at least one

- half of the design ca pacity and conduct all other appropriate maintenance to ensure the basin or impoundment remains in e ffective operating condition

.
2.2.13 If us ing treatment chemicals ( e.g., polymers, flocculants, coagulants ):

Use conventional erosion and sediment controls prior to and after the application of

treatment chemicals. Chemicals may only be applied where treated stor mwater is

directed to a sediment control (e.g., sediment basin, perimeter control) prior to discharge.

Select appropriate treatment chemicals

. Chemicals must be appropriately suited to the types of soils likely to be exposed during construction and present in the discharges being treated (i.e., the expected turbidity, pH, and flow rate of stormwater flowing into the chemical treatment system or area )

. Minimize discharge risk from stored chemicals. Store all treatment chemicals in leak

proof containers that are kept under storm

- resistant cover and surrounded by secondary containment structures (e.g., spill berms, decks, spill containment pallets), or provide equivalent measures designed and maintained to minimize the potential discharge of treatment chemicals in stormwater or by any other means (e.g., storing

chemicals in covered area

, having a spill kit available on site and ensuring personnel are available to respond expeditiously in the event of a leak or spill )

. Comply with state/local requirements. Comply with applicable state and local requirements affecting the use of treatment chemicals.

Use chemicals in accordance with good engineering practices and specifications of the chemical provider/supplier. U se treatment chemicals and chemical treatment systems in accordance with good engineering practices, and with dosing specifications and sediment removal design specifications provided by the provider/supplier of the applicable chemicals, or document in your SWPPP specific departures from these s pecifications and how they reflect good engineering practice

. Ensure proper training. Ensure that all persons who handle and use treatment chemicals at the construction site are provided with appropriate, product

- specific training. Among other things, the training mus t cover proper dosing requirements.

Comply with additional requirements for the approved use of cationic chemicals. If you have been authorized to use cationic chemicals at your site pursuant to Part

23 The circumstances in which it is infeasible to design outlet structures in this manner are rare. Exceptions may include areas with extended col d weather, where surface outlets may not be feasible during certain time periods (although it is expected that they would be used during other periods). If you determine that it is infeasible to meet this requirement, you must provide documentation in your SWPPP to support your
determination , including the specific conditions or time periods when this exception will apply

.Proposed 2017 Construction General Permit (CGP)

Page 12 1.1.9 , and the authorizatio n is conditioned on your compliance with additional requirements necessary to ensure that the use of such chemicals will not cause an exceedance of water quality standards, you are required to comply with all such requirements.

2.2.14 Stabilize exposed portions o f the site

. 24 Implement and maintain stabilization measures ( e.g., seeding protected by erosion controls until vegetation is established, sodding, mulching, erosion con trol blankets, hydromulch, gravel ) that minimize erosion from exposed portions of the sit e in accordance with Part s 2.2.14a and 2.2.14b

.
Stabilization Deadlines: 25

i. Initiate the installation of stabilization measures immediately 26 in any areas of exposed so il where construction activities have ceased and will not resume for 14

or more calendar days; 27 and

ii. Complete the installation of stabilization measures as soon as practicable, but no

later than 14 calendar days after stabilization has been initiated. 28

Req uest for Comment 3 : EPA is considering modifying the deadline to complete stabilization

from 14 calendar days to 7 calendar days after stabilization has been initiated (except for sites in
arid, semi

- arid, and drought

- stricken areas and for permittees affe cted by circumstances beyond their control) in order to ensure discharges meet water quality standards . Under the current 2012 CGP, sites discharging to sensitive water s (i.e., impaired waters and Tier 2, 2.5, or 3

24 Stabilization is not required if the intended function of a specific area of the site necessitates that it

remain disturbed , and only the minimum area needed remains disturbed ( e.g., dirt access roads, utility pole pads, areas being used for storage of vehicles, equipment, materials ).

25 EPA may determine, based on an inspection carried out under Part 4.8 and corrective actions required

under Part 5.3 , that the level of sediment discharge on the site makes it necessary to require a faster schedule for completing stabilization. For instance, if sedime nt discharges from an area of exposed soil that is required to be stabilized are compromising the performance of existing stormwater controls, EPA may require stabilization to correct this problem

.

26 The following types of activities would constitute the immediate initiation of stabilization:

1. Prepping the soil for vegetative or non

- vegetative stabilization as long as seeding, planting, and/or

installation of non

- vegetative stabilization products takes place as soon as practicable, but no later

than 1 da y of completing soil preparation ; 2. Applying mulch or other non

- vegetative product to the exposed area;

3. Seeding or planting the exposed area;

4. Starting any of the activities in # 1

– 3 on a portion of the entire area that will be stabilized; and

5. F inalizing arrangements to have stabilization product fully installed in compliance with the deadlines for completing stabilization.

27 The requirement to initiate stabilization immediately is triggered as soon as you know that construction work on a portio n of the site is temporarily ceased and will not resume for 14 or more days, or as soon as you know that construction work is permanently ceased.
In the context of this provision, “immediately” means as soon as practicable, but no later than the end of

th e next business day, following the day when the construction activities have temporarily or permanently

ceased.

28 If vegetative stabilization measures are being implemented, stabilization is considered “installed” when all activities necessary to seed or plant the area are completed. If non

- vegetative stabilization measures are being implemented, stabilization is considered “installed” when all such measures are installed or applied.Proposed 2017 Construction General Permit (CGP)

Page 13 waters) must complete stabilization withi n a 7

- day timefra me. EPA requests comment on completing stabilization within 7

- days for all sites (except for sites in arid, semi

- arid, and drought

stricken areas and for permittees affected by circumstances beyond their control).

iii. Exceptions:

 A rid, semi

- a rid, and drought

- stricken areas (as defined in Appendix A)

. I f it is the seasonally dry period or during a period in which drought is occurring

, and vegetative stabilization measures are being used:

- Immediately initiate

, and within 14 calendar days of a temporary or permanent cessation of work in any portion of your site complete

, the installation of temporary non

- vegetative stabilization measures to the extent necessary to prevent erosion;

- As soon as practicable, given conditions or circumstances on the site, complete all activities necessary to seed or plant the area to be

stabilized ; and

- If construction is occurring during the seasonally dry period, indicate in your SWPPP the beginning and ending dates of the seasonally dry period and your site c onditions. Also include the schedule you will follow for initiating and completing vegetative stabilization.

 P ermittees that are affected by unforeseen circumstances 29 that delay the initiation and/or completion of vegetative stabilization:

- Immediately i nitiate, and within 14 calendar days complete, the installation of temporary non

- vegetative stabilization measures to prevent erosion;

- Complete all soil conditioning, seeding, watering or irrigation installation, mulching, and other required activities related to the planting and initial establishment of vegetation as soon as conditions

or circ umstances allow it on your site; and

- Document in the SWPPP the circumstances that prevent you from meeting the deadlines in Part 2.2.14a and the schedule you will follow for initiating and completing stabilization.

 D ischarges to a sediment

- or nutrient

- impaired water or to a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for antidegradation purpos es

. C omplete stabilization as soon as practicable, but no later than 7 calendar days after stabilization has

been initiated. See Request for Comment 3

.
Final Stabilization Criteria (for any areas not covered by permanent structures) :

i. Veget ation must provi de a uniform ( i.e ., evenly distributed, without large bare areas) perennial cover with a density of 70 percent or more of the natural background cover; and/or

ii. Permanent non

- vegetative stabilization measures 30 must be implemented to provide effective cover.

29 Examples include problems with the supply of seed stock or with the av ailability of specialized equipment

and unsuitability of soil conditions due to excessive precipitation and/or flooding.

30 Examples of permanent non

- vegetative stabilization measures include riprap, gabions, and geotextiles.Proposed 2017 Construction General Permit (CGP)

Page 14 iii. Exceptions:

 A rid, semi

- arid, and drought

- stricken areas ( as defined in Appendix A)

. I f it is the seasonally dry period or during a period in which drought is occurring

, final stabilization is met if the area has been seeded or planted to provide

establish ed vegetation that covers 70 percent or more of the natural background cover within 3 years and, to the extent necessary to prevent erosion on the seeded or planted area, non

- vegetative erosion controls have been applied that provide cover for at least thr ee years without active

maintenance.

 D isturbed areas on agricultural land that are restored to their p reconstruction agricultural use. T he Part 2 .2.14b final stabilization criteria does not apply

.
2.3 POLLUTION PREVENTION REQUIRE MENTS 31

You must implement pollution prevention controls in accordance with the following requirements to minimize the discharge of pollutants in stormwater and to prevent the discharge of pollutants from spilled or leaked materials from construction activi ties

.
2.3.1 For equipment and vehicle fueling and maintenance :

P rovide an effective means of eliminating the discharge of spilled or leaked chemicals, including fuel s and oils , from these activities ; 32

If applicable, comply with the Spill Prevention Control and C ountermeasures (SPCC) requirements in 40 CFR 112 and Section 311 of the CWA;

Ensure adequate supplies are available at all times to handle spills, leaks, and disposal of used liquids;

Use drip pans and absorbents under or around leaky vehicles;

Dispose of or recycle oil and oily wastes in accordance with other federal, state, tribal, or local requirements; and

Clean up spills or contaminated surfaces immediately, using dry clean up measures (do not clean contaminated surfaces by hosing the area down), and e liminate the source of the spill to prevent a discharge or a continuation of an ongoing discharge.

2.3.2 For equipment and vehicle washing :

P rovide an effective means of minimizing the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other types of wash waters ; 33

31 Under this permit, y ou are not required to minimize exposure for any products or materials where the exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk of stormwater contamin ation (such as final products and materials intended for outdoor use).

32 Examples of effective means include :

 L ocating activities away from waters of the U.S. and stormwater inlets or conveyances so that stormwater coming into contact with these activiti es cannot reach waters of the U.S.;

 Pr oviding secondary containment ( e.g., spill berms, decks, spill containment pallets ) and cover where appropriate ; and

 H aving a spill kit available on site and ensuring personnel are available to respond expeditiously i n the event of a leak or spill

. 33 Examples of effective means include locating activities away from waters of the U.S. and stormwater inlets or conveyances and directing wash waters to a sediment basin or sediment trap, using filtrationProposed 2017 Construction General Permit (CGP)

Page 15 Ensure there is no discharge of soaps, solvents, or detergents in equipment and

vehicle wash water ; and

For storage of soaps, detergents, or solvents, provide either (1) cover (e.g., plastic sheeting

, temporary roofs ) to m inimize the exposure of these detergents to precipitation and to stormwater , or (2) a similarly effective means designed to

minimize the discharge of pollutants from these areas

.
2.3.3 For s torage, h andling, and disposal of building products

, materials, and wast es :

For building materials and building products 34 , provide either (1) cover ( e.g., plastic sheeting

, temporary roofs ) to minimize the exposure of these products to precipitation and to stormwater , or (2) a similarly effective means designed to

minimize th e discharge of pollutants from these areas

. For pesticides, herbicides, insecticides, fertilizers, and landscape materials :

i. In storage areas, provide either (1) cover ( e.g., plastic sheeting

, temporary roofs )

to minimize the exposure of these chemicals to precipitation and to stormwater, or (2) a similarly effective means designed to minimize the discharge of pollutants
from these areas; and

ii. Comply with all application and disposal requirements included on the registered pesticide, herbicide, insecticide, a nd fertilizer label (see also Part 2.3.5 )

. For diesel fuel, oil, hydraulic fluids, other petroleum products, and other chemicals :

i. S tore chemicals in water

- tight containers, and provide either (1) cover (e.g., plastic sheeting

, temporary roofs) to minimize the exposure of these containers to precipitation and to stormwater , or (2) a similarly effective means designed to

minimize the discharge of pollutants from these areas (e.g., having a spill kit

available on site and ensuring personnel are available to respond expeditiously in the event of a leak or spill ) , or provide secondary containment (e.g., spill berms, decks, spill containment pallets) ; and

ii. Clean up spills immediately, using dry clean

- up methods where possible, and disp ose of used materials properly. You are prohibited from hosing the area down to clean surfaces or spills . Eliminate the source of the spill to prevent a discharge or a continuation of an ongoing discharge.

For hazardous or toxic waste s : 35

i. Separate hazardous or toxic waste from construction and domestic waste;

ii. Store waste in sealed containers, which are constructed of suitable materials to prevent leakage and corrosion, and which are labeled in accordance with applicable Resource Conservation and Recovery Act (RCRA) requirements and all other applicable federal, state, tribal, or local requirements;

devices, such as fi lter bags or sand filters, or using other similarly effective controls.

34 Examples of building materials and building products typically present at construction sites include asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixt ures, and gravel and mulch stockpiles.

35 Examples of hazardous or toxic waste that may be present at construction sites include paints, caulks, sealants, fluorescent light ballasts, solvents, petroleum

- based products, wood preservatives, additives, curing compounds, and acids.Proposed 2017 Construction General Permit (CGP)

Page 16 iii. Store all outside containers within appropriately

- sized secondary containment ( e.g., spill berms, decks, spill containment pallets ) to prevent spills from being

di scharged, or provide a similarly effective means designed to prevent the discharge of pollutants from these areas (e.g., storing chemicals in covered area

, having a spill kit available on site);

iv. Dispose of hazardous or toxic waste in accordance with the ma nufacturer’s recommended method of disposal and in compliance with federal, state, tribal, and local requirements;

v. Clean up spills immediately, using dry clean

- up methods, and dispose of used materials properly. You are prohibited from hosing the area dow n to clean surfaces or spills . Eliminate the source of the spill to prevent a discharge or a furtherance of an ongoing discharge ; and

vi. Follow all other federal, state, tribal, and local requirements regarding hazardous

or toxic waste

.
For construction and d omestic waste s : 36

i. Provide waste containers (e.g., dumpster

, trash receptacle) of sufficient size and

number to contain construction and domestic wastes ;

ii. Keep waste container lids closed when not in use. For waste containers that do

not have lids and could leak, provide either (1) cover (e.g., a tarp, plastic sheeting, temporary roof) to minimize exposure of wastes to precipitation, or (2) a similarly effective means designed to minimize the discharge of pollutants (e.g., secondary containment);

iii. On business days, clean up and dispose of waste in designated waste containers;

and

iv. Clean up immediately if containers overflow.

For demolition of any structure with at least 10,000 square feet of floor space built or renovated before January 1, 1980:

i. Implement contro ls to minimize the exposure of polychlorinated biphenyl

- (PCB) containing building materials, including paint, caulk, and pre

- 1980 fluorescent lighting fixtures to precipitation and to stormwater; and

ii. Ensure that disposal of such materials is performed in compliance with applicable
state, federal, and local laws.

For sanitary waste , p osition portable toilets so that they are secure and will not be tipped or knocked over , and located away from waters of the U.S. and stormwater inlets or conveyances

.
2.3.4 For wash ing applicators and containers used for stucco, paint, concrete, form release oils, curing compounds, or other materials:

Direct wash water into a leak

- pro of container or leak

- proof and lined pit designed so that no overflows can occur due to inadequate si zing or precipitation;

Handle washout or cleanout wastes as follows:

36 Examples of construction and domestic waste include packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, demolition debris;

and other trash or bu ilding materials.Proposed 2017 Construction General Permit (CGP)

Page 17 i. Do not dump liquid wastes in storm sewers or waters of the U.S. ;

ii. Dispose of liquid wastes in accordance with applicable requirements in Part 2.3.3 ; and

iii. Remove and dispose of hardened concrete waste consistent with your handling

of other construction wastes in Part 2.3.3 ; and

Locate any washout or cleanout activities as far away as possible from waters of the

U.S. and stormwater inle ts or conveyances, and, to the extent feasible , designate areas to be used for these activities and conduct such activities only in these areas.

2.3.5 For the application of fertilizers :

Apply at a rate and in amounts consistent with manufacturer’s specification s, or document departures from the manufacturer specifications where appropriate in

Part 7.2.6i of the SWPPP;

Apply at the appropriate time of year for your location, and preferably timed to coincide as closely as possible to t he period of maximum vegetation uptake and growth;

Avoid applying before heavy rains that could cause excess nutrients to be discharged ;

Never apply to frozen ground;

Never apply to stormwater conveyance channels with flowing waters; and

Follow all other federal, state, tribal, and local requirements regarding fertilizer application.

2.3.6 Emergency Spill Notification Requirements

D ischarg es of toxic or hazardous substances from a spill or other release are prohibited

, consistent with Part 1.3.5 . Where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR 110, 40 CFR 117, or 40 CFR 302 occurs during a 24

- hour period, you

must notify the National Response Center (NRC) at (800) 424

- 8802 or, in the Washington, DC metropolitan area, call (202) 267

- 2675 in accordance with the requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302 as soon as you have knowledge of the release . You

mu st also, within 7 calendar days of knowledge of the release, provide a description of the release, the circumstances leading to the release, and the date of the release. State, tribal, or local requirements may necessitate additional reporting of spills or discharges to local emergency response, public health, or drinking water supply agencies.

2.4 CONSTRUCTION DEWATERING REQUIREMENTS

C omply with the following requirements to minimize the discharge of pollutants in ground
water or accumulated stormwater that is removed from excavations, trenches, foundations, vaults, or other similar points of accumulation , in accordance with Part

1.2.2

. 37

2.4.1 Treat dewatering discharges with controls to minimize discharges of pollutants ; 38

37 Uncontaminated, clear ( non

- turbid ) dewatering water can be discharged without being routed to a

control.

38 Examples of appropriate controls include sediment basins or sediment traps, sediment socks, dewateringProposed 2017 Construction General Permit (CGP)

Page 18 2.4.2 Do not dischar ge visible floating solids or foam;

2.4.3 Use an oil

- water separator or suitable filtration device (such as a cartridge filter) that is designed to remove oil, grease, or other products if dewatering water is found to contain
these materials;

2.4.4 To the extent feasi ble, utilize vegetated, upland areas of the site to infiltrate dewatering water before discharge. You are prohibited from using waters of the U.S. as part of the
treatment area;

2.4.5 At all points where dewatering water is discharged, comply with the velocity d issipation requirements of Part 2.2.11 ;

2.4.6 With backwash water, either haul it away for disposal or return it to the beginning of the treatment process; and

2.4.7 Replace and clean the filter media used in dewatering devices when the pr essure differential equals or exceeds the manufacturer’s specifications.

Request for Comment 4 : EPA requests comment on additional controls or requirements EPA

should consider to ensure that discharges of pollutants in construction dewatering discharges

ar e minimized.

3 WATER QUALITY

- BASED EFFLUENT LI MITATIONS

3.1 GENERAL EFFLUENT LIM ITATION TO MEET APPL ICABLE WATER QUALITY STANDARDS

D ischarge s must be controlled as necessary to meet applicable water quality

standards. Discharges must also comply with any addi tional state or tribal requirements that are in Part 9

. In the absence of information demonstrating otherwise, EPA expects that compliance with the conditions in this permit will result in stormwater discharges being controlled as necessary to meet applicable water quality standards. If at any time you become aware, or EPA determines, that discharge s are not being controlled as necessary to meet applicable water quality standards, take corrective action as required in Part s 5.1

and 5.2 , and document the corrective actions as required in Part 5.4

.

EPA may insist that you impose additional controls (to meet the narrative water qua lity

based effluent limit above) on a site

- specific basis, or require you to obtain coverage under an individual perm it, if information in your NOI or from other sources indicates that your discharges are not controlled as necessary to meet applicable wate r quality standards. This includes situations where additional controls are necessary to comply

with a wasteload allocation in an EPA

- established or approved TMDL.

If during your coverage under a previous permit, you were required to install and

maintain s tormwater controls specifically to meet the assumptions and requirements

of an EPA

- approved or established TMDL (for any parameter) or to otherwise control your discharge to meet water quality standards, you must continue to implement such controls as part of your coverage under this permit.

tanks, tube settlers, wei r tanks, and filtration systems ( e.g., bag or sand filters ) that are designed to remove

sediment.Proposed 2017 Construction General Permit (CGP)

Page 19 3.2 DISCHARGE LIMITATION S FOR SITES DISCHARG ING TO SENSITIVE WATERS 39

For any portion of the site that discharges to a sediment or nutrient

- impaired water or to a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes, instead of the inspection frequency specified in Part 4.2

, you must comply with the frequency specified in 4.3 , and instead of the stabilization deadline specified in 2.2.14.a.ii , you must comply with the deadline specified in Part 2.2.14a.iii

. 40 See Request for Comment 3 and 5

. If you discharge to a water that is impaired for a parameter other than a sediment

related p arameter or nutrients, EPA will inform you if any additional limits or controls are necessary for your discharge to be controlled as necessary to meet water quality standards, including for it to be consistent with the assumptions of any available

wasteloa d allocation in any applicable TMDL, or if coverage under an individual permit is necessary.

In addition, on a case

- by

- case basis, EPA may notify operators of new sites or operators of existing sites with increased discharges that additional analyses,

stor mwater controls, or other permit conditions are necessary to comply with the applicable antidegradation requirements, or notify you that an individual p ermit application is necessary.

4 SITE INSPECTION REQUIREMENTS

4.1 PERSON(S) RESPONSIBLE FOR INSP ECTING SITE

The person(s) inspecting your site may be a person on your staff or a third party you hire to conduct such inspections. You are responsible for ensuring that the person who conducts inspections is a “qualified person

. ” 41

39 Sensitive waters include waters that are impaired and Tier 2, Tier 2.5, and Tier 3 waters.

“Impaired waters” are those waters identified by the state, tr ibe, or EPA as not meeting an applicable water quality standard and (1) requires development of a TMDL (pursuant to section 303(d) of the CWA; or (2) is addressed by an EPA

- approved or established TMDL; or (3) is not in either of the above categories but

t he waterbody is covered by a pollution control program that meets the requirements of 40 CFR 130.7(b)(1). Your construction site will be considered to discharge to an impaired water if the first water of the U.S. to which you discharge is an impaired water . For discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system. For assistance in determining whether your site

dis charges to impaired waters, EPA has developed a tool that is available both within the electronic NOI
form in NeT, and at https ://water.epa.gov/polwaste/npdes/stormwater/discharge. cfm

.

Tiers 2, 2.5 and 3 refer to waters either identified by the state as high quality waters or Outstanding National

Re source Waters under 40 CFR 131.12(a)(2) and (3). For the purposes of this permit, you are considered to discharge to a Tier 2, Tier 2. 5, or Tier 3 water if the first water of the U.S. to which you discharge is identified by a state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3. For discharges that enter a storm sewer system prior to discharge, the water of the U.S. to which you discharge is the first water of the U.S. that receives the stormwater discharge from the storm sewer system. See list of Tier 2, Tier 2.5, and Tier 3 waters in Appendix F.

EPA may determine on a case

- by

- case basis that a site discharges to an impaired water.

40 If you qualify for any of the reduced inspection frequencies in Part 4.4 , you may conduct inspections in

accordance with Part 4.4 for any portion of your site that discharges to a sensitive water.

41 A “qualified person” (as defined in Appendix A) is a person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions atProposed 2017 Construction General Permit (CGP)

Page 20 4.2 FREQUENCY OF INSPECT IONS. 42

At a m inimum, you must conduct a site inspection in accordance with one of the two schedules listed below, unless you are subject to the Part 4.3 site inspection frequency for discharges to sediment or nutrient

- impaired waters or qua lify for a Part 4.4 reduction in

the inspection frequency :

4.2.1 At least once every 7 calendar days; or

4.2.2 Once every 14 calendar days and within 24 hours of the occurrence of a storm event of 0.25 inches or greater

, or the occurrence of runoff from snowmelt

. 43 To determine if a storm event of 0.25 inches or greater has occurred on your site, you must either keep a properly maintained rain gauge on your site, or obtain the storm event information from a weather station that is representa tive of your location. For any day of rainfall during
normal business hours that measures 0.25 inches or greater, you must record the total rainfall measured for that day in accordance with Part 4.7.1d

. Request for Comment 5 : EPA solicits comment on the appropriate inspection frequency . In particular, EPA solicits comment on modify ing the minimum site inspection frequency to once every 7 calendar days and within 24 hours of the occurrence of a storm event of 0.25 inches or greater

. Under the current 2012 CGP, this inspection frequency applies to sites discharging to sensitive waters (i.e., impaired waters and Tier 2, 2.5, or 3 waters ) . EPA requests comment on the appropriate inspection frequency for all sites (exc ept for sites qualifying for a reduction in inspection frequency in Part 4.4 below). Please identify specifically the situations where this frequency would not be reasonable

. EPA also requests comment on requiring the inspectio n frequency to be once every 7 days (without the option of inspection once every 14 calendar days and within 24 hours of a storm event).

Request for Comment 6 : EPA requests comment on the frequency of inspections that should be required for snowmelt runof f. Where snowmelt discharges occur over multipl e days, as many frequently do, EPA is interested in receiving feedback on a recommend ed inspection frequency for these discharge events.

4.3 INCREASE IN INSPECTI ON FREQUENCY FOR SIT ES DISCHARGING TO SE NSITIVE W ATERS.

For any portion of the site that discharges to a sediment or nutrient

- impaired water or to a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes (see Part 3.2 ), instead of the inspection frequency specified in

Part 4.2 , you must conduct inspections in accordance with the following inspection frequencies:

4.3.1 Once every 7 calendar days; and

the construction site that could impact storm water quality, and the skills to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of this permit.

42 Inspections are only required during the site’s normal working hours.

43 “Within 24 hours of the occurr ence of a storm event” means that you are required to conduct an inspection within 24 hours once a storm event has produced 0.25 inches within a 24 hour period , even if the storm event is still continuing. Thus, if you have elected to inspect bi

- weekly in accordance with Part 4.2.2 and there is a storm event at your site that continues for multiple days, and each day of the storm produces 0.25 inches or more of rain, you are required to conduct an inspection within 24 hours of t he first day of the storm and within 24 hours after the end of the storm.Proposed 2017 Construction General Permit (CGP)

Page 21 4.3.2 Within 24 hours of the occurrence of a storm ev ent of 0.25 inches or greater

, or the
occurrence of runoff from snowmelt

. To determine if a storm event of 0.25 inches or greater has occurred on your site, you must either keep a properly maintained rain gauge on your site, or obtain the storm event infor mation from a weather station that is representative of your location. For any day of rainfall during normal business hours that measures 0.25 inches or greater, you must record the total rainfall measured for that day
in accordance with Part 4.7.1d

. See Request for C omment 5

.

4.4 REDU CTIONS IN INSPECTION FREQUENCY

4.4.1 Stabilized areas. Y ou may reduce the frequency of inspections to once per month in any area of your site where the stabilization steps in 2.2.14a have been completed. If construction activity resumes in this portion of the site at a later date, the inspection frequency immediately increases to that required in Parts 4.2 and 4.3

, as appl icable. You must document the beginning and ending dates of this period in your SWPPP

.

4.4.2 A rid, semi

- arid, or drought

- stricken areas ( as defined in Appendix A)

. I f it is the seasonally dry period or during a period in which drought is occurring, y ou may reduc e the frequency of inspections to once per month and within 24 hours of the occurrence of a storm event of 0.25 inches or greater. You must document that you are using this reduced schedule and the beginning and ending dates of the seasonally dry period in your SWPPP. To determine if a storm event of 0.25 inches or greater has occurred on your site, you must either keep a properly maintained rain gauge on your site, or obtain the storm event information from a weather station that is representative of your location. For any day of rainfall during normal business hours that measures 0.25 inches or greater, you must record the total rainfall measured for that day in accordance with Part 4.7.1d

.
4.4.3 F rozen conditions :

If you are suspending construction activities due to frozen conditions, you may temporarily suspend inspections on your site until thawing conditions ( as defined in Appendix A) begin to occur if:

i. Runoff is unlikely due to continuous frozen conditions that a re likely to continue at your site for at least 3 months based on historic seasonal averages. If unexpected weather conditions (such as above freezing temperatures or rain event ) make discharges likely, you must immediately resume your regular inspection f requency as described in Parts 4.2 and 4.3

, as applicable;

ii. Land disturbances have been suspended; and

iii. All disturbed areas of the site have been stabilized in accordan ce with Part

2.2.14a

. If you are still conducting construction activities during frozen conditions, you may reduce your inspection frequency to once per month if:

i. Runoff is unlikely due to continuous frozen cond itions that are likely to continue at your site for at least 3 months based on historic seasonal averages. If unexpected weather conditions (such as above freezing temperatures or rain events) make discharges likely, you must immediately resume your regula r inspection frequency

as described in Parts 4.2 and 4.3 , as applicable ; and

ii. Except for areas in which you are actively conducting construction activities,

disturbed areas of the site have been stabilized in accordance with Part 2.2.14a

. You must document the beginning and ending dates of this period in your SWPPP.Proposed 2017 Construction General Permit (CGP)

Page 22 4.5 AREAS THAT MUST BE INSPECTED

During your site inspection, y ou must at a minimum inspect the following areas of your

site:

4.5.1 All areas that have been cleared, graded, or excavated and that have not yet completed stabilization consistent with Part 2.2.14a ;

4.5.2 All stormwater co ntrols (including pollution prevention controls ) installed at the site to comply with this permit ; 44

4.5.3 Material, waste, borrow, and equipment storage and maintenance areas that are covered by this permit;

4.5.4 All areas where stormwater typically flows within the site, including drainageways designed to divert, convey, and/or treat stormwater;

4.5.5 All points of discharge from the site; and

4.5.6 All locations where stabilization measures have been implemented.

You are not required to inspect areas that, at the time of the in spection, are considered unsafe to your inspection personnel.

4.6 REQUIREMENTS FOR INS PECTIONS
During your site inspection, you must at a minimum:

4.6.1 Check whether all stormwater controls (i.e., erosion and sediment controls and pollution prevention controls ) ar e properly installed, appear to be operational, and are working as intended to minimize pollutant discharges ;

4.6.2 Check for the presence of conditions that could lead to spills, leaks, or other accumulations of pollutants on the site;

4.6.3 Identify any locations w here new or modified stormwater controls are necessary to meet the requirements of Parts 2 and/or 3 ;

4.6.4 At points of discharge and, if applicable, the banks of any water s of the U.S. flowing within or immediately adjacent to the site , check for signs of visible erosion and sedimentation (i.e., sediment deposits) that have occurred and are attributable to your discharge;

4.6.5 Identify any inci dents of noncompliance observed;

4.6.6 If a discharge is o ccurring during your inspection :

Identify all discharge points at the site ; and

Observe and document the visual quality of the discharge, and take note of the characteristics of the stormwater discharge, including color ; odor ; floating, settled, or suspended solids ; foam ; oil sheen ; and other indicators of stormwater pollutants

.

44 This includes the requirement to inspect for sediment that has been tracked out from the site onto paved roads, sidewalks, or other paved areas consistent with Part 2.2.4.Proposed 2017 Construction General Permit (CGP)

Page 23 4.6.7 Based on the results of your inspection, complete any necessary maintenance under Part

2.1.4 and corrective action under Part 5.

4.7 INSPECTION REPORT

4.7.1 You must compl ete an inspection report within 24 hours of completing any site inspection. Each inspection report must include the following:

The inspection date;

Names and titles of personnel making the inspection;

A summary of your inspection findings, covering at a mi nimum the observations you made in accordance with Part 4.6 , including any necessary maintenance or

corrective actions ;

If you are inspecting your site at the frequency specified in Part 4.2.2 , Part 4.3.2 , or Part 4.4.2 , and you conducted an inspection because of rainfall measuring 0.25 inches or greater, you must include the applicable rain gauge or weather station readings that triggered the inspection; and

If you deter mined that it is unsafe to inspect a portion of your site, you must describe the reason you found it to be unsafe and specify the locations to which this condition applies

.
4.7.2 Each inspection report must be signed in accordance with Appen dix I, Part I.11 of t his permit.

4.7.3 You are required to keep a copy of all inspection reports at the site or at an easily
accessible location, so that it can be made available at the time of an on

- site inspection or upon request by EPA.

4.7.4 All inspection reports completed for this Part must be retained for at least 3 years from the date that your permit coverage expires or is terminated.

4.8 INSPECTIONS BY EPA

4.8.1 You must allow EPA, or an authorized representative of EPA, to conduct the following

activities at reasonable times

. To the ext ent that you are utilizing share d controls that are

not on site to comply with this permit, you must make arrangements for EPA to have

access at all reasonable times to those areas where the shared controls are located.

4.8.2 Enter onto all areas of the site, in cluding any construction support activity areas covered by this permit, any off

- site areas where shared controls are utilized to comply with thisProposed 2017 Construction General Permit (CGP)

Page 24 permit, discharge locations, adjoining waterbodies, and locations where records are kept under the conditions of this permit;

4.8.3 Access and copy any records that must be kept under the conditions of this permit;

4.8.4 Inspect your construction site, including any construction support activity areas covered by this permit (see Part 1.2.1c )

, any stormwater controls installed and maintained at the

site , and any off

- site shared controls utilized to comply with this permit ; and

4.8.5 Sample or monitor for the purpose of ensuring compliance.

5 CORRECTIVE ACTION S

5.1 CONDITIONS TRIGGERIN G CORRECTIVE ACTION.

You must take corrective action to address any of the following conditions identified at your site:

5.1.1 A stormwater control needs repair or replacement; or

5.1.2 A stormwater control necessary to comply with the requirements of this permit was never
installed, or was installed incorrectly; or

5.1.3 Your discharges are causing an exceedance of applicable water quality standards; or

5.1.4 A prohibited discharge has occurred (see Part 1.3 ).

5.2 CORRECTIVE ACTION DEADLINES

For any corrective action triggerin g conditions in Part 5.1 , you must :

5.2.1 Immediately take all reasonable steps to address the condition , including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events;

5.2.2 When the problem does not require a new or replacement control or significant repair, the corrective action must be completed by the close of the next business day;

5.2.3 When the problem requires a new or replacement control or significant repair , install the

new or modified control and make it operational, or complete the repair, by no later than 7 calendar days from the time of discovery. If it is infeasible to complete the installation or repair within 7 calendar days, you must document in your records why it is

infeasible to complete the installation or repair within the 7

- day timeframe and document your schedule for installing the stormwater control(s) and making it operational as soon as feasible after the 7

- day timeframe. Where these actions result in changes to any of t he stormwater controls or procedures documented in your SWPPP, you must modify your SWPPP accordingly within 7 calendar days of completing this work.

5.3 CORRECTIVE ACTION RE QUIRED BY EPA

You must comply with any corrective actions required by EPA as a result of permit violations found during an inspection carried out under Part 4.8

.Proposed 2017 Construction General Permit (CGP)

Page 25 5.4 CORRECTIVE ACTION RE PORT

For each corrective action taken in accordance with this Part, you must complete a report in accordance with the following:

5.4.1 W ithin 24 hours of identifying the corrective action condition

, document the specific

condition and the d ate and time it was identified.

5.4.2 Within 24 hours of completing the corrective action (in accordance with the deadlines in

Part 5.2 ), document the actions taken to address the condition , including whether any SWPPP modifications are required

.

5.4.3 Each corrective action report must be signed in accordance with Appendix I, Part I.11 of this permit.

5.4.4 You are required to keep a copy of all corrective action reports at the site or at an easily
accessible location, so that it can be made available at the time of an on

- site inspection or upon request by EPA.

5.4.5 All corrective action reports completed for this Part must be retained for at lea st 3 years from the date that your permit coverage expires or is terminated.Proposed 2017 Construction General Permit (CGP)

Page 26 6 STAFF TRAINING REQUI REMENTS

Each operator, or group of multiple operators, m ust assemble a “stormwater team ” to carry out compliance activities associated with the requirements in this permit.

Prior to the commencement of construction activities, you must ensure that the following personnel 45 on the stormwater team understand the requirements of this permit and their specific responsibilities with respect to those requirements:

• Personnel who are responsible for the design, installation, maintenance, and/or repair of stormwater controls (including pollution prevention controls );

• Personnel responsible for the application and storage of treatment chemicals (if applicable);

• Perso nnel who are responsible for conducting inspections as required in Part 4.1 ; and

• Personnel who are responsible for taking corrective actions as required in Part 5

. You are responsible for ensuring that all activities on the site comply with the requirements of this permit. You are not required to provide or document formal training for subcontractors or other outside service providers, but you must ensure that such personnel understand any requirem ents of this permit that may be affected by the work they are subcontracted to perform.

At a minimum, members of the stormwater team must be trained to understand the following if related to the scope of their job duties ( e.g., only personnel responsible f or conducting inspections need to understand how to conduct inspections ):

• The permit deadlines associated with installation, maintenance, and removal of
stormwater controls and with stabilization;

• The location of all stormwater controls on the site require d by this permit and how they are to be maintained;

• The proper procedures to follow with respect to the permit’s pollution prevention requirements; and

• When and how to conduct inspections, record applicable findings, and take

corrective actions.

Each membe r of the stormwater team must have easy access to an electronic or paper copy of applicable portions of this permit, the most updated copy of your SWPPP, and other relevant documents or information that must be kept with the SWPPP.

45 If t he person requi ring training is a new employee who starts after you commence construction activities, you must ensure that this person has the proper understanding as required above prior to assuming particular responsibilities related to compliance with t his permit.

For emergency

- related projects , the requirement to train personnel prior to commencement of

construction activities does not apply, however, such personnel must have the required training prior to NOI

submission.Proposed 2017 Construction General Permit (CGP)

Page 27 7 STORMWATER POLLUTION PRE VENTION PLAN (SWPPP)

7.1 GENERAL REQUIREMENTS

All operators associated with a construction site under this permit must develop a SWPPP consistent with the requirements in Part 7 prior to their submittal of the NOI. 46 The SWPPP must be kept up

- to

- date throughou t coverage under this permit.

If a SWPPP was prepared under a previous version of this permit, it must be reviewed and updated to ensure that this permit’s requirements are addressed prior to submitting an NOI for coverage under this permit.

7.2 SWPPP CONTENT S

At a minimum, the SWPPP must include the information specified in this Part and as specified in other parts of this permit.

7.2.1 All Site Operators. I nclude a list of all other operators who will be engaged in construction

activities at the site, and the are as of the site over which each operator has control.

7.2.2 Stormwater Team. I dentify the personnel (by name or position) that are part of the stormwater team, as well as their individual responsibilities , including which members are responsible for conducting in spections

.
7.2.3 Nature of Construction Activities

. 47 Include the following:

A description of t he nature of your construction activities , including the age and/or dates of past renovations for structures that are undergoing demolition ;

T he size of the property ( in acres) ;

T he total area expected to be disturbed by the cons truction activities ( to the nearest quarter acre );

A description of any on

- site and off

- site c onstruction support activity areas covered by this permit (see Part 1.2.1c ) ;

T he maximum area expected to be disturbed at any one time , including on

- site and

off

- site construction support activity areas ;

A description and projected schedule for the following:

i. Commencement of construction activities in each portion of the sit e , including clearing and grubbing, mass grading, demolition activities, site preparation ( i.e., excavating, cutting and filling ), final grading, and creation of soil and vegetation stockpiles requiring stabilization ;

46 You have the option of devel oping a group SWPPP where you are one of several op erators who engage in construction activities at your site. For instance, if both the owner and the general contractor of the construction site are permitted, the owner may be the party responsible for SWP PP development, and the general contractor (or any other operator at the site) can choose to use this same SWPPP, as long as the SWPPP addresses the general contractor’s (or other operators’) scope of construction work and obligations under this permit. Se e request for comment 1.

47 If plans change due to unforeseen circumstances or for other reasons, the requirement to describe the sequence and estimated dates of construction activities is not meant to “lock in” the operator to meeting

these dates. When d epartures from initial projections are necessary, this should be documented in the SWPPP itself, or in associated records, as appropriate.Proposed 2017 Construction General Permit (CGP)

Page 28 ii. Temporary or permanent cessation of co nstruction activities in each portion of
the site;

iii. Temporary or final stabilization of exposed areas for each portion of the site; and

iv. Removal of temporary stormwater controls and construction equipment or
vehicles, and the cessation of construction

- relate d pollutant

- generating activity.

A list and description of all pollutant

- generating activities 48 on the site. For each pollutant

- generating activity, include an inventory of pollutants or pollutant constituents ( e.g., sediment, fertilizers, pesticides, pain ts, caulks, sealants, fluorescent light ballasts, contaminated substrates, solvents, fuels ) associated with that activity, which could be discharged in stormwater from your construction site. You must take into account where potential spills and leaks coul d occur that contribute pollutants to stormwater discharges , and any known hazardous or toxic substances, such as PCBs and asbestos, that will be disturbed or removed during construction;

Business days and hours for the project;

If you are conducting cons truction activities in response to a public emergency (see

Part 1.4 ), a description of the cause of the public emergency (e.g

., mud slides, earthquake , extreme flooding conditions

, widespread disruption in essential public

serv ices ) , information substantiating its occurrence (e.g., state disaster declaration or similar state or local declaration) , and a description of the construction necessary to reestablish effected public services.

7.2.4 Site Map. Include a legible map, or series o f maps, showing the following features of the

site:

Boundaries of the property ;

L ocations where construction activities will occur, including:

i. Locations where earth

- disturbing activities will occur (note any phasing)

, including any demolition activities ;

ii. A pproximate slopes before and after major grading activities (note any steep slopes (as defined in Appendix A));

iii. Locations where sediment, soil, or other construction materials will be stockpiled ;

iv. Any water of the U.S. crossings ;

v. Designated points where veh icles will exit onto paved roads;

vi. Locations of structures and other impervious surfaces upon completion of
construction; and

vii. Locations of on

- site and off

- site construction support activity areas covered by this permit (see Part 1.2.1c ).

Locations of all waters of the U.S

. within and one mile downstream of the site . Also identify if any are listed as impaired, or are identified as a Tier 2, Tier 2.5, or Tier 3

water ;

Areas of federally listed critical habitat within the site and/ or at discharge locations;

48 Examples of pollutant

- generating activities include paving operations; concrete, paint, and stucco

washout and wast e disposal; solid waste storage and disposal; and dewatering operations.Proposed 2017 Construction General Permit (CGP)

Page 29 Type and extent of p re

- construction cover on the site ( e.g. vegetative cover , forest, pasture, pavement, structure s);

Drainage patter n s of stormwater and authorized non

- stormwater before and after major grading activities;

Stormw ater and authorized non

- stormwater discharge locations, including:

i. Locations where stormwater and/or authorized non

- stormwater will be discharged to storm drain inlets ; 49 and

ii. Locations where stormwater or authorized non

- stormwater will be discharged

directl y to waters of the U.S

. Locations of all potential pollutant

- generating activities identified in Part 7.2.3g ;

Locations of stormwater controls , including natural buffer areas and any shared controls utilized to comply with this permit ; and

Locations where polymers, flocculants, or other treatment chemicals will be used and

stored

.

7.2.5 Non

- Stormwater Discharges. Identify all authorized non

- stormwater discharges in Part

1.2.2 that will or may occur.

7.2.6 Descr iption of Stormwater Control s

. For each of the Part 2.2 erosion and sediment control
effluent limits, Part 2.3 pollution prevention effluent limits, and Part 2.4 constru ction dewatering effluent limits, as applicable to your site, you must include the following :

 A description of the specific control(s) to be implemented to meet the effluent limit ;

 A ny applicable design specifications (including references to any manufactu rer specifications and/or erosion and sediment control manuals/ordinances relied upon) ; 50

 R outine maintenance specifications ; and

 T he p rojected schedule for its installation /implementation

. You must also include any of the following additional information as applicable

.

N atural b uffers and/or e quivalent s ediment c ontrols (see Part 2.2.1 and Appendix G )

. You must include the following :

i. The compliance alternative to be implemented;

ii. If complying with alternative 2 , t he width of natural buffer retained;

iii. If complying with alternative 2 or 3, the erosion and sediment control(s) you will use to achieve an equivalent sediment reduction, and any information you relied upon to demonstrate the equivalency;

iv. If complying wi th alternative 3, a description of why it is infeasible for you to provide and maintain an undisturbed natural buffer of any size;

49 The requirement to show storm drain inlets in the immediate vicinity of the site on your site map only applies to those inlets that are easily identifiable from your site or from a publicly accessible area immediately adjacent to your site.

50 Design specifications may be found in manufacturer specifications and/or in applicable erosion and sediment control manuals or ordinances. Any departures from such specifications must reflect good engineering practice and must be explained in the SWPPP

.Proposed 2017 Construction General Permit (CGP)

Page 30 v. For “linear construction sites ” where it is infeasible to implement compliance

alternative 1, 2, or 3, a r ationale for this d etermination

, and a description of any buffer width retained and/or supplemental erosion and sediment controls
installed; and

vi. A description of any disturbances that are exempt under Part 2.2.1 that occur

within 50 feet of a wat er of the U.S

.

P erimeter controls for a “linear construction site” (see Part 2.2.3 ) . For areas where perimeter controls are not feasible

, include documentation to support this

determination and a description of the other practi ces that will be implemented to minimize discharges of pollutants in stormwater associated with construction

activities.

Note: R outine maintenance specifications for perimeter controls documented in the

SWPPP must include the Part 2.2.3a requirement that sediment be remove d before it

has accumulated to one

- half of the above

- ground height of any perimeter control.

S ediment t rack

- out controls (see Part s 2.2.4b and 2.2.4c )

. D ocument the specific stabilization techniques and/or controls that will be implemented to remove sediment prior to vehicle exit.

S ediment basins (see Part 2.2.12 ) . In circumstances where it is infeasible to ut ilize
outlet structures that withdraw water from the surface, include documentation to support this determination , including the specific conditions or time periods when this exception will apply

.

T reatment c hemicals (see Part 2.2.13 )

, you must include the following :

i. A listing of the soil types that are expected to be exposed during construction in areas of the project that will drain to chemical treatment systems . Also include a listing of soil types expected to be found in fill material to be used in these same areas, to the extent you have this in formation prior to construction;

ii. A listing of all treatment ch emicals to be used at the site and why the selection of

these chemicals is suited to the soil characteris tics of your site;

iii. If the applicable EPA Regional Office authorized you to use cationic treatment

chemicals for sediment control , include the specific controls and implementation procedures designed to ensure that your use of cationic treatment chemicals w ill not lead to a violation of water quality standards;

iv. The dosage of all treatment chemicals to be use d at the site or the methodology

to be use d to determine dosage;

v. Information from any applicable Safety Data Sheet ( SDS);

vi. Schematic drawings of any chemi cally

- enhanced stormwater controls or chemical treatment systems to be used for application of the treatment
chemicals;

vii. A description of how chemicals will be stored consistent with Part 2.2.13c ;

viii. References to a pplicable state or local requirements affecting the use of treatment chemicals, and copies of applicable manufacturer’s specifications regarding the use of your specific treatment chemicals and/or chemical treatment systems; andProposed 2017 Construction General Permit (CGP)

Page 31 ix. A description of the traini ng that personnel who handle and apply chemicals have received prior to permit coverage, or will receive prior to use of the treatment chemicals at your site.

S tabilization measures (see Part 2.2.14 ) . You must i nclud e the following :

i. The specific vegetative and/or non

- vegetative practices that will be used;

ii. If complying with the deadlines for sites in arid, semi

- arid, or drought

- stricken areas, the beginning and ending dates of the seasonally dry period and the

sc hedule you will follow for initiating and completing vegetative stabilization ; and

iii. If complying with deadlines for sites affected by unforeseen circumstances that delay the initiation and/or completion of vegetative stabilization , document the
circumstance s and the schedule for initiating and completing stabilization

.
S pill prevention and response procedures (see Part 1.3.5 and Part 2.3 ) . You must

i nclude the following:

i. Procedures for expeditiously stopping, containing, and cleaning up spills, leaks, and other releases. Identify the name or position of the employee(s) responsible for detection and response of spills or leaks; and

ii. Procedures for notification of appropriate facility personnel, emergenc y response agencies, and regulatory agencies where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity consistent with Part 2.3.6 and established u nder either 40 CFR 110, 40 CFR 117, or 40 CFR 302, occurs during a 24

- hour period. Contact information must be in locations that are readily accessible and available to all employees

. You may also reference the existence of Spill Prevention Control and

Cou ntermeasure (SPCC) plans developed for the construction activity under Part 311 of the CWA, or spill control programs otherwise required by an NPDES permit for the construction activity, provided that you keep a copy of that other plan on site. 51

W aste mana gement procedures (see Part 2.3.3 ) . Describe the procedures you will follow for handling, storing and disposing of all wastes generated at your site consistent with all applicable federal, state, tribal, and loc al requirements , including clearing and demolition debris, sediment removed from the site, construction and domestic waste, hazardous or toxic waste, and sanitary waste.

A pplication of fertilizers (see Part 2.3.5 ) . D ocument any departures from the manufacturer specifications where appropriate

.
7.2.7 Procedures for Inspection, Maintenance, and Corrective Action. Describe the procedures you will follow for maintaining your stormwater control s , conducting site inspections , and, where necessary, taking corrective actions, in accordance with Part 2.1.4 , Part 4 , and

Part 5 of this permit. Also include:

The inspection schedule you will follo w, which is based on whether your site is subject

to Part 4.2 or Part 4.3

, or whether your site qualifies for any of the reduced inspection frequencies in Part 4.4 ;

51 Even if you already have an SPCC or other spill prevention plan in existence, your plans will only be considered adequate if they meet all of the requirements of this Part, either as part of y our existing plan or supplemented as part of the SWPPP.Proposed 2017 Construction General Permit (CGP)

Page 32 If you will be conducting inspections in accordance with the inspection schedule in

Part 4.2.2 , Part 4.3.2

, or Part 4.4.2 , the location of the rain gauge or the address of the weather station you will be using to obtain rainfall data;

If you will be reducing your inspection frequency in accordance with Part 4.4.2 , the beginning and ending dates of the seasonally

- defined arid period for your area or the valid period of drought;

If you will be reducing your inspection frequency in accordance with Part 4.4.3 , the beginning and ending dates of frozen conditions on your site; and

Any maintenance or inspection checklists or other forms that will be used.

7.2.8 Staff Training. Include documentation that the required personnel were , or will be, trained

in accordance with Part a

.
7.2.9 Compliance with Other Requirements.

Threatened and Endangered Species Protec tion. Includ e documentation required in Appendix D supporting your eligibility with regard to the protection of threatened and endangered species and designated critical habitat.

Historic Properties. Includ e documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties.

Safe Drinking Water Act Underground Injection Control (UIC) Requirements for Certain
Subsurface Stormwater Controls. If you are using any of the following stormwater controls at your site, document any contact you have had with the applicable state

agency 52 or EPA Regional Office responsible for implementing the requirements for underground injection wells in the Safe Drinking Water Act and EPA’s implementing regulations at 40 CFR 144

- 147. Such controls would generally be considered Class V

UIC wells:

i. Infiltration trenches (if stormwater is directed to any bored, drilled, driven shaft or dug hole that is deeper than its widest surface dimension, or has a subsurface fluid distribution sy stem);

ii. Commercially manufactured pre

- cast or pre

- built proprietary subsurface detention vaults, chambers, or other devices designed to capture and infiltrate
stormwater flow; and

iii. Drywells, seepage pits, or improved sinkholes (if stormwater is directed to a ny bored, drilled, driven shaft or dug hole that is deeper than its widest surface dimension, or has a subsurface fluid distribution system).

7.2.10 SWPPP Certification. You must sign and date your SWPPP in accordance with Appendix I,

Part I.11.

7.2.11 Post

- Authorizatio n Additions to the SWPPP. Once you are authorized for coverage under this permit, you must include the following documents as part of your SWPPP:

A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to cov erage under this permit;

A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID ( i.e., permit tracking number ) ;

52 For state UIC program contacts, refer to the following EPA website: https ://www.epa.gov/uic

.Proposed 2017 Construction General Permit (CGP)

Page 33 A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable).

7.3 ON

- SITE AVAILAB ILITY OF YOUR SWPPP

You are required to keep a current copy of your SWPPP at the site or at an easily

accessible location so that it can be made available at the time of an on

- site inspection or upon request by EPA; a state, tribal, or local agency approvi ng stormwater management plans; the operator of a storm sewer system receiving discharges from the site; or representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS).

EPA may provide access to portions of your SWPPP to a member of the public upon request. Confidential Business Information (CBI) will be withheld from the public, but may
not be withheld from EPA, USFWS, or NMFS

. 53

If an on

- site location is unavailable to keep the SWPPP when no personnel are p resent, notice of the plan’s location must be posted near the main entrance of your

construction site.

Request for Comment 7 : EPA is considering requiring the initial SWPPP to be made publicly available by requiring operators to either post it online on a website or submit it to EPA

. Enhanced transparency and availability of CGP SWPPP information will provide stakeholders with more timely and complete information about potential sources of water pollution and measures to control discharges for the sites cov ered under the CGP, and will help EPA to ensure that SWPPP s are meaningfully developed and implemented.

For example, EPA could require the entire initial SWPPP, or a portion of the initial SWPPP or a URL

, to be included as part of the NOI form submission

, which EPA could make publicly available through the EPA Enforcement and Compliance History Online (ECHO) database . A similar requirement was included in the recently reissued 2015 Multi

- Sector General Permit (MSGP) for

stormwater dischar ges associated with industrial activities. Under the 2015 MSGP, permittees can make their SWPPP publicly available by a URL on the NOI form where the SWPPP can be
accessed, or by providing on the NOI form information about activities and pollutants exposed

to stormwater ; con trol measures; and schedules for good housekeeping, maintenance , and inspections. EPA request s comment on the utility and feasibility of making the initial SWPPP publicly available under the CGP . EPA also requests comment on the specific components of

the initial SWPPP that would be of greatest interest or utility to stakeholders , such as maintenance schedules, a description of construction activities, or expected pollutants

.
7.4 SWPPP MODIFICATIONS

7.4.1 You must modify your SWPPP, including the site map(s), within 7 days of any of the following conditions:

Whenever new operators become active in construction activities on your site, or you make changes to your construction plans, stormwater control s, or other activities at your site that are no longer accurately ref lected in your SWPPP. This includes changes made in response to corrective actions triggered under Part 5 . You do not need to

53 Information covered by a claim of confidentiality will be discl osed by EPA only to the extent of, and by means of, the procedures set forth in 40 CFR Part 2, Subpart B. In general, submitted information protected by a business confidentiality claim may be disclosed to other employees, officers, or authorized represent atives of the United States concerned with implementing the CWA. The authorized representatives, including employees of other executive branch agencies, may review CBI during the course of reviewing draft regulations.Proposed 2017 Construction General Permit (CGP)

Page 34 modify your SWPPP if the estimated dates in Part 7.2.3f change during th e course of
construction;

To reflect areas on your site map where operational control has been transferred (and the date of transfer) since initiating permit coverage;

If inspections or investigations by EPA or its authorized representatives determine that SWPPP modifications are necessary for compliance with this permit;

Where EPA determines it is necessary to impose additional requirements on your discharge, the following must be included in your SWPPP:

i. A copy of any correspondence describing such require ments; and

ii. A description of the control s that will be used to meet such requirements.

To reflect any revisions to applicable federal, state, tribal, or local requirements that

affect the stormwater control s implemented at the site; and

If applicable, if a change in chemical treatment systems or chemically

- enhanced stormwater control is made, including use of a different treatment chemical, different dosage rate, or different area of application.

7.4.2 You are required to maintain records showing the dates of all SWPPP modifications. The records must include the name of the person authorizing each change (see Part 7.2.10 above) and a brief summary of all changes.

7.4.3 All modifications made to the SWPPP consistent with Part 7.4 must be authorized by a person identified in Appendix I, Part I.11.b.

7.4.4 Upon determining that a modification to your SWPPP is required, if there are multiple operators covered under this permit, you must immediately notify any operators

who m ay be impacted by the change to the SWPPP.

8 HOW TO TERMINATE COV ERAGE

Until you terminate coverage under this permit, you are required to comply with all conditions and effluent limitations in the permit. To terminate permit coverage, you

must submit to EPA a complete and accurate Notice of Termination (NOT), which certifies that you have met the requirements for terminating in Part 8.

8.1 MINIMUM INFORMATION REQUIRED IN NOT

8.1.1 NPDES permit tracking number provided by EPA when you received coverage under this permi t;

8.1.2 Basis for submission of the NOT (see Part 8.2 );

8.1.3 Operator contact information;

8.1.4 Name of site and address (or a description of location if no street address is available);

and

8.1.5 NOT certification.

8.2 CONDITIONS FOR TERMINATING CGP COVERAGE

You must terminate CGP coverage only if one or more of the following conditions has

occurred:Proposed 2017 Construction General Permit (CGP)

Page 35 8.2.1 You have completed all construction activities at your site and, if applicable, construction support activities covered by this permit (see Part 1.2.1c ), and you have met the following requirements:

For any areas that (1) were disturbed during construction, (2) are not covered over by permanent structures, and (3) over which you had control during the construction activities, y ou have met the requirements for final vegetative or non

- vegetative

stabilization in Part 2.2.14b ;

You have removed and properly disposed of all construction materials, waste and waste handling devices, and have removed all equ ipment and vehicles that were used during construction, unless intended for long

- term use following your termination of permit coverage;

You have removed all stormwater controls that were installed and maintained during construction, except those that are intended for long

- term use following your termination of permit coverage or those that are biodegradable; and

You have removed all potential pollutants and pollutant

- generating activities associated with construction, unless needed for long

- term use follow ing your termination of permit coverage; or

8.2.2 You have transferred control of all areas of the site for which you are responsible under this permit to another operator, and that operator has submitted an NOI and obtained coverage under this permit; or

8.2.3 Covera ge under an individual or alternative general NPDES permit has been obtained.

8.3 HOW TO SUBMIT YOUR N OT

You are required to use EPA’s NPDES eReporting Tool (NeT) to electronically prepare and submit your NOT for the 2017 CGP.

To access NeT, g o to https ://www.epa.gov/npdes/stormwater

- discharges

construction

- activities#ereporting

. Waivers from electronic reporting may be granted as specified in Part 1.4.1

. If the EPA

Re gional Office grants you approval to use a paper NOT , and you elect to use it, you

must complete the form in Appendix K

.
8.4 DEADLINE FOR SUBMITT ING THE NOT

You must submit your NOT within 30 calendar days after any one of the conditions in Part

8.2 occur s

.

8.5 EFFECTIVE DATE OF TE RMINATION OF COVERAG E

Your authorization to discharge under this permit terminates at midnight of the calendar day that a complete NOT is submitted to EPA.

9 PERMIT CONDI TIONS APPLICABLE TO SPECIFIC STATES, IND IAN COUNTRY LANDS, O R

TERRITORIES

Note: This section is reserved for modifications or additions to the applicable conditions of this permit as part of the state and tribal CWA Sec tion 401 certification process and th e Coastal Zone Management Act (CZMA) certification process, or as otherwise established by the permitting authority

. These conditions will be included in the final permit.