Appendix 1 - Table Comparing Requirements in the Proposed CGP to the Requirements in the C&D Rule and 2008 CGP

This table compares the requirements in the proposed permit to the requirements of the C&D rule and to the requirements in the 

current permit. This comparison examines whether the costs associated with a permittee’s compliance with any one proposed 

requirement is already accounted for by costs associated with the C&D rule or 2008 CGP. For instance, where the costs are 

accounted for, and therefore there is no incremental burden increase resulting from the new requirement, the answer in the last 

column would be “yes”. Where the costs were not fully accounted for in either the C&D rule or the 2008 CGP, the answer would be 

“no”. With respect to the comparison between the proposed CGP requirements and the corresponding 2008 CGP requirements, if 

the proposed requirements are an expression of the C&D rule requirements than it is not necessary to examine the incremental 

differences between the proposed and current permit. The reason for this is that the C&D rule requirements “occupy the field” for the 

permit’s technology-based effluent limits. 

Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

1.5 Submitting 

Your NOI

Details 

information 

required in NOI

Requires use of 

eNOI, except in 

exceptional 

circumstances

Specifies 

deadlines for 

NOI submittal 

and dates 

when coverage 

is official

Provides 

procedures for 

denying 

coverage

450.10(a) Applicability 2.1 How to Obtain 

Authorization

2.2 How to Submit Your 

NOI

2.3 Authorization to 

Discharge Date

2.4 Submission Deadlines

2.6 Requiring Coverage 

Under an Individual 

Permit or an Alternative 

General Permit

Yes – Use of eNOI should 

decrease costs, 

especially for operators 

using paper NOIs in the 

past. Increase of 

waiting period from 7 to 

30 days is not an 

increased cost burden 

due to its connection to 

ESA compliance and 

typical permitting times 

that construction 

operators contend with.

2.1.1 Avoid 

Sensitive Areas:

Mark off areas 

of disturbance, 

no-disturbance, 

and any 

sensitive areas

450.21.(a)(2) Control sw 

discharges...to minimize 

erosion at outlets and to 

minimize channel & 

streambank erosion

Requirement fully 

accounted for by C&D 

rule

Yes
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

Avoid steep 

slopes

Preserve native 

topsoil

Minimize stream 

crossings

450.21(a)(4) Minimize 

disturbance of steep slopes

450.21(a)(6) Provide and 

maintain natural buffers...

450.21(a)(7) Minimize soil 

compaction...

2.1.2 Provide 

natural riparian 

buffers

Establishes 3 

compliance 

alternatives for 

meeting buffer 

requirements

Limits to 

disturbances

450.21(a)(6) Provide and 

maintain natural buffers...

Requirement fully 

accounted for by C&D 

rule

Yes – The C&D rule

requires buffers. 

Alternatives are 

provided in the 

proposed permit that 

are considered 

equivalent to 

establishment of a 50-

foot naturally vegetated 

buffer

2.1.3 

Requirements 

Applicable to All 

Construction 

Sites

General design 

requirements

General 

installation 

requirements

Maintenance 

requirements

Good 

housekeeping 

requirements

Use of native 

topsoil

Minimize soil 

compaction

450.21(a) Design, install, 

maintain effective erosion 

& sed controls...

450.21(a)(5) Minimize 

sediment discharges from 

the site...

450.21(a)(6) Provide and 

maintain natural buffers...

450.21(a)(7) Minimize soil 

compaction...

Requirement fully 

accounted for by C&D 

rule – similar 

requirements include:

Part 3 Intro

3.1.A Sediment Controls

3.1.B Off-site Sediment 

Tracking and Dust 

Control

3.1.C Runoff 

Yes – Each of these 

requirements are 

accounted for by the 

C&D Rule requirements, 

or the 2008 CGP 

requirements.
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

Stabilize 

entrance and 

exit points, and 

eliminate trackout from 

vehicles

450.21(c) Dewatering Management

3.1.F.3 Construction and 

Waste Materials

3.2 Effluent Limits to 

Reduce Pollutants in 

Non-SW Discharges

3.6. Maintenance of 

Control Measures 

3.6.B Maintenance of 

Control Measures

5.10 Maintaining an 

Updated Plan

2.1.3.8

Compliance with 

Class V 

underground 

injection control 

requirements for 

certain 

subsurface sw 

controls

If necessary, comply 

with Class V UIC 

regulations for 

infiltration trenches, 

subsurface detention 

vaults, chambers, or 

other similar devices, 

and drywells, seepage 

pits, or improved 

sinkholes

None None Yes – Requirement 

implements UIC 

Regulations and current 

EPA policy

2.1.4 

Requirements 

Applicable to 

Specific SW 

Controls

Wheel 

washdown 

requirements

Channel design 

& stabilization 

requirements

Steep slope 

controls

Storm drain inlet 

450.21(a)(1) Control sw 

volume & velocity within 

site

450.21.(a)(2) Control sw 

discharges...to minimize 

erosion at outlets and to 

minimize channel & 

streambank erosion

Requirement fully 

accounted for by C&D 

rule – similar 

requirements include:

3.1.A.1 Sediment basins 

3.1.B Off-site Sediment 

Tracking & Dust Control

Yes
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

protections

Sediment basins 

and 

impoundments

Chemical 

treatment

Dewatering 

practices

450.21(a)(3) Minimize soil 

exposed

450.21(a)(4) Minimize 

disturbance of steep slopes

450.21(a)(5) Minimize 

sediment discharges from 

the site...

450.21(d)(1) Minimize the 

discharge of pollutants 

from vehicle washing...

450.21(c) Dewatering

450.21(f) Surface Outlets

3.1.C Runoff 

Management

3.1.D Erosive Velocity 

Control

3.6 Maintenance of SW 

Controls

2.2 Stabilization 

Requirements

Deadline to 

initiate and 

complete

Stabilization 

criteria and 

deadlines for 

disturbances to 

sensitive areas

Deadlines for 

arid/semi-arid

Criteria for 

vegetative and 

non-vegetative 

stabilization

450.21(a)(3) Minimize soil 

exposed

450.21(b) Soil stabilization

Requirement fully 

accounted for by C&D 

rule – similar 

requirements include:

3.1.H Erosion Control & 

Stabilization

3.1.H.2iii Initiation 

deadlines

Yes

2.3 Pollution 

Prevention 

Prohibited 

discharges

450.21(d)(1) Minimize 

discharge of pollutants 

3.1.F.3 Construction and 

waste materials

Yes
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

Requirements Pollution 

prevention 

standards for

o Fueling & 

maintenance

o Vehicle 

washing

o Staging and 

storage 

areas

o Washing of 

containers

o Storing, 

handling, 

and 

disposing of 

waste

o Emergency 

spill 

notification

from wash water..

450.21(d)(2) Minimize 

exposure of building 

materials...

450.21(d)(3) Minimize the 

discharge of pollutants 

from spills and leaks

450.21(e) Prohibited 

discharges

3.1.G Non-construction 

wastes

3.1.I Spill/Releases in 

Excess of Reportable 

Quantities

3.1 Applicability 

of Numeric 

Turbidity Limit

20- and 10-acre 

thresholds

Exceptions to 

application of 

limit

450.22(a) and (b) Effluent 

limitations reflecting the

best available technology 

economically

achievable (BAT)

Requirement fully 

accounted for by C&D 

rule

Yes

3.2 Numeric 

Effluent Limit

Specifies 

numeric 

turbidity limit

450.22(a)(1) Effluent 

limitations reflecting the

best available technology 

economically

achievable (BAT)

Requirement fully 

accounted for by C&D 

rule

Yes – Currently limit is a 

placeholder for final, 

corrected limit

3.3 Sampling 

Requirements

When to sample

Sampling 

frequency

Sampling 

location

450.22(a)(2) Effluent 

limitations reflecting the

best available technology 

economically

achievable (BAT)

Requirement fully 

accounted for by C&D 

rule

Yes – Sampling 

requirements required in 

C&D rule; specific 

requirements left to 

permitting authority. 
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

Representative 

sampling

Sampling 

discharges 

originating 

outside site

Sampling 

protocols

Sample analysis

Recording of 

sampling results

Actions 

required if 

exceed limit

Reporting 

sample results

Requirements consistent 

with preamble 

recommendations on 

sampling.

4.1 General 

Effluent Limit to 

Meet Applicable 

Water Quality 

Standards

Requires 

discharges to 

meet applic. 

water quality 

standards

None 3.4.A and B Attainment 

of WQS

Yes – costs accounted 

for in 2008 CGP and 

regulatory requirement 

to control discharge as 

necessary to meet 

applicable WQS

4.2 Requirements 

for Discharges to 

Impaired Waters 

Phasing of 

construction 

activities

WQ benchmark 

monitoring

Faster 

stabilization 

requirements

Increased 

inspection 

requirements

None 3.4.A and B Attainment 

of WQS

3.5 Consistency with 

TMDLs

Yes – costs accounted 

for in 2008 CGP and in 

regulatory requirement 

to discharge consistent 

with the assumptions of 

any available WLAs in a 

TMDL.

4.3 Requirements 

for New 

Comply with 

same 

3.4.A and B Attainment 

of WQS

Yes – costs accounted 

for in requirement to 
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

Discharges to Tier 

2, 2.5, or 3 Waters

requirements as 

Part 4.2, except 

for benchmark 

monitoring

control discharges as 

necessary to meet 

applicable WQS and to 

not cause or contribute 

to an exceedance of 

applicable WQS. 

Information on costs of 

benchmark monitoring 

provided in Appendix 2.

5.1 Site 

Inspections

Frequency of 

inspections

Reduction in 

inspection 

frequency

Requirements 

for inspections

Inspection 

requirements 

when a 

discharge is 

occurring and 

when and 

when a 

discharge is not 

occurring

Recordkeeping 

requirements

None 4.A Inspection 

Frequency

4.B Case-by-Case 

Reductions in Inspection 

Frequency

4.D Qualified Personnel

reductions in inspection 

frequency

4.E Scope of inspections

4.H Inspection Report

Not fully – increase in 

inspection frequency for 

some permittees and 

more detailed 

requirements regarding 

inspections during storm 

events causing 

discharge.

6.2. Site 

Conditions 

Requiring 

Corrective 

Action

Corrective 

actions for 

when sw 

controls are not 

designed, 

installed, and/or 

maintained

450.21(a) Design, install, 

and maintain effective 

stormwater controls

3.6 Maintenance of 

control measures

4.H.9 Corrective action 

requirement in 

Inspection Report

Yes 
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

Corrective 

actions for 

when 

prohibited 

discharges 

occur

6.3 Required 

Corrective 

Actions and 

Applicable 

Deadlines

Specific actions 

that must be 

taken

Deadlines for 

completing 

each action

None 4.H.9 Corrective action 

requirement in 

Inspection Report

5.10 Maintaining an 

Updated Plan

Yes – Proposed permit 

adds specificity to what 

is considered to be an 

adequate corrective 

action.

6.4 Corrective 

Action Records

Details what 

information 

must be kept for 

each corrective 

action

None 4.H.9 Corrective action 

requirement in 

Inspection Report.

5.10 Maintaining an 

Updated Plan

Yes

6.5 Compliance 

Implications of 

Corrective 

Actions

Explains that 

corrective 

action does not 

remove initial 

permit violation; 

failure to 

conduct 

corrective 

action is 

additional 

violation

None Part 3 Intro

Standard conditions –

duty to comply

Yes

6.6 Reporting to 

EPA

Requires 

notification of 

EPA if 

occurrence of 

certain permit 

violations

450.22(a) Effluent limitations 

reflecting the

best available technology 

economically

achievable (BAT)

3.1.I Spills / Releases in 

Excess of Reportable 

Quantities

3.4.B Attainment of WQS

Yes
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

450.21(e) Prohibited 

discharges

4.H Inspection Report

5.9 Inspection 

requirement in SWPPP.

App. G, Sec. 12.F 24-

Hour Reporting

7.1 Staff Training 

Requirements

Person(s) 

requiring 

training

When training is 

required

What training 

must include

None 3.7 Training of 

Employees

Yes

8. Stormwater 

Pollution 

Prevention Plan 

(SWPPP)

Nature of 

construction 

activities

Sequence and 

estimated dates 

of construction 

activities

Site map

Disturbances

Compliance 

with impaired 

waters and 

antidegradatio

n requirements

Pollutants

Description of 

SCMs

Pollution 

prevention 

procedures

Procedures for 

None 3.7 Training of 

Employees

5.1 SWPPP Framework

5.2.A Construction Site 

Operators

5.2.B Nature of 

Construction Activity

5.2.C Site Map

5.2.D Construction and 

Waste Materials

5.3 Description of 

Control Measures to 

Reduce Pollutant 

Discharges

Yes
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

inspection, 

maintenance, 

and corrective 

action

Training

Documentation 

to support 

eligibility 

considerations 

under other 

Federal laws

5.3.C Post-Authorization 

Records

5.5 Documentation of 

Permit Eligibility Related 

to Endangered Species 

5.6 Documentation of 

Permit Eligibility Related 

to TMDLs

5.9 Inspections

5.10 Maintaining an 

Updated Plan

5.11.C Availability of 

SWPPP

5.11.D Signature and 

Certification

9.1 Minimum

information 

required in NOT

Required 

minimum 

information in 

NOT

None 6.1 Submitting an NOT Yes

9.2. Conditions 

for terminating 

permit coverage

Details 

conditions that 

must be present 

on site to trigger 

termination of 

coverage

450.21(b) Soil Stabilization 6.2 When to Submit an 

NOT

Yes – additional 

requirements prior to 

termination of coverage 

necessary to ensure 

compliance with C&D 

rule requirements

9.3 Submit NOTs 

through eNOI 

system

Requires use of 

eNOI system 

except in 

exceptional 

None 6.1 Submitting an NOT Yes – should reduce cost 

to permittees through 

use of electronic 

submission; paper NOI 
Proposed CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

circumstances still available if 

demonstrated need