Construction General Permit (CGP)



### Page 1 of 9 Appendix 1

- Table Comparing Requirements in the 2012 CGP to the Requirements in the C&D Rule and 2008 CGP

This table compares the requirements in the 2012 CGP to those of both the C&D r ule and the 2008 CGP

. This comparison examines whether the costs associated with a permittee’s compliance with any one of the 2012 CGP requirement s are 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 cost s were not fully accounted for in either the C&D rule or the 2008 CGP , the answer would indicate “not fully”

. With respect to the comparison between the 2012 CGP requirements and the corresponding 2008 CGP requirements, if the 2012 CGP requirements are an expression of the C&D rule requirements

, then it is not necessary to examine the incremental differences betw een the 2012 and 2008 permit s . The reason for this is that the C&D rule requirements “occupy the field” for the permit’s technology

- based effluent limits.

2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

1. 4 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 14 days is not an increased cost burden due to its connection to ESA compliance and typical permitting times that construction

o perators contend with.

2.1. 1 General Requirements Applicable to All Construction Sites Account for: the expected amount, frequency, intensity, and duration of 450.21(a) Design, install,

maintain effective erosion & sed controls...

450.21(a)(1) Control sw volume & velocity within Requirement fully accounted for by C&D rule

– similar requirements include:

Part 3 Intro Yes

– Each of these requirements are accounted for by the C&D Rule requirements, or th e 2008 CGP requirement s.Construction General Permit (CGP)



### Page 2 of 9 2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

precipitation; the nature of runoff and run

on at the site and design stormwater controls to control peak flowrates and total stormwater volume to minimize erosion; and the soil characteristics on the site. Direct non

concentrated

or non

channelized disch arges to vegetated areas on the site. Install stormwater controls prior to phases of earth

disturbances Ensure that all controls remain in effective operating condition site

450.21 (a)(2) Control sw discharges...to minimize erosion at outlets and to minimize channel & streambank erosion

450.21(a)(5) Minimize sediment discharges from the site... 3.1.C Runoff Management

3.1.D Erosive Velocity Control

3.6. Maintenance of Control Measures

2.1. 2 Erosion and Sediment Control Install perimeter controls 450.21(a) Design, install,

maintain effective erosion Requirement fully accounted for by C&D Yes

- Each of these requirements areConstruction General Permit (CGP)



### Page 3 of 9 2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

Requirements Applicable to All Sites : Stabilize entrance and exit points, and eliminate track

out from vehicles Control discharges from sediment or soil piles Minimize the disturbance of steep slopes Preserve native topsoil , unless unfeasible Minimize soil compaction Protect storm drain inlets & sed controls...

450.21(a)(2) Control sw discharges...to minimize erosion at outlets and to minimize channel & streambank erosion

450.21(a)(3) Minimize the amount of soil exposed during construction activity

450.21(a)(4) Minimize disturbance of steep slopes

450.21(a)(7) Minimize soil compactio n, and unless infeasible , preserve topsoil rule

– similar requirements include:

3.1.B Off

- site Sediment Tracking and Dust Control

3.1.C Runoff Management accounted for by the C&D Rule requirements,

or the 2008 CGP requirement s.

2.1.2 .1 Provide N atural B uffers or Equivalent Sediment Controls Establishes 3 compliance options for meeting buffer requirements 450.21(a)(6) Provide and

maintain natural buffers... Requirement fully accounted for by C&D rule Yes

– T he C&D rule requires buffers. Three compliance options are provided in the permit that are considered equivalent to establishment of a 50

- foot naturally vegetated buffer 2.1. 3 Requirements Applicable Only to Sites Using Specific SW Controls Channel design & stabilization requirements Sediment basins Chemical treatment 450.21(a)(1) Control sw

volume & velocity within site

450.21.(a)(2) Control sw discharges...to minimize Requirement fully accounted for by C&D rule

– similar requirements include:

3.1.A.1 Sediment basins Yes

- Each of these requirements are accounted for by the C&D Rule requirements, or the 2008 CGP requirement s.Construction General Permit (CGP)



### Page 4 of 9 2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

Dewatering practices erosion at outlets and to

minimize channel & streamban k erosion

450.21(a)(3) Minimize soil exposed

450.21(a)(5) Minimize sediment discharges from the site...

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 Exceptions to the deadlines for initiating and completing stabilization Criteria for vegetative and

non

- vegetative stabilization 450.21(a)(3) Minimiz e 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 YesConstruction General Permit (CGP)



### Page 5 of 9 2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

2.3 Pollution Prevention Requirements Prohibited discharges General maintenance requirements Pollution prevention standards for

o Fueling & maintenance of vehicles & equipments

o Vehicle & equipment washing

o Staging and storage

areas

o Washing of containers

o Storing, handling, and disposing of waste Emergency spill notification Fertilizer discharge restrictions 450.21(d)(1) Minimize

discharge of pollutants 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.F.3 Construction and waste materials

3.1.G Non

- construction wastes

3.1.I Spill/Releases in Excess of Reportable Quantities Yes

3 .1 General Effluent Limit to Meet Applicable Water Quality Standards Requires discharges to meet applic able 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 WQSConstruction General Permit (CGP)



### Page 6 of 9 2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

3 .2 Requirements for Discharges to Impaired Waters Faster stabilization requirements Increased inspection requirement s 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

. 3

. 3 Requirements for Discharges to Tier 2 , 2.5, or 3 Waters Comply with

same requirements as Part 3 .2 3.4.A and B Attainment of WQS Yes

– costs accounted for in requirement to 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

. 4 .1 Site Inspections Frequency of inspections Increases and

r eduction s in inspection frequency Areas that need to be inspected Requirements for inspections Inspection report Inspection requirements when a discharge is occurring versus 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

.Construction General Permit (CGP)



### Page 7 of 9 2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

when a discharge is not occurring Recordkeeping

req uirements

5.2 Required Corrective Actions and Applicable Deadlines Specific actions that must be taken Deadlines for completing each action and updating the SWPPP 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

5.10 Maintaining an Updated Pla n Yes

– 2012 permit adds specificity to what is considered to be an adequate corrective action.

5 .4 Corrective Action Report Details what information must be documented in a report for each corrective action taken, when the report must be completed and signed, and for how long the report must be kept None 4.H.9 Corrective action requirement in Inspection Report.

5.10 Maintaining an Updated Plan Yes

6 Staff Training Requirements Person(s) requiring training When training is required What each None 3.7 Training of Employees YesConstruction General Permit (CGP)



### Page 8 of 9 2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

person required to be trained must understand 7 . Stormwater Pollution Prevention Plan (SWPPP) People responsible for implementation Nature of construction activities Sequence and estimated dates of construction activities Site map Construction site pollutants Description of SCMs Pollution prevention procedures Procedures for inspection, maintenance, and corrective action Training Documentation to support eligibility considerations under other Federal laws None 3.7 Training of Emplo yees

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

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 Y esConstruction General Permit (CGP)



### Page 9 of 9 2012 CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requirement Costs Accounted For?

5.9 Inspections

5.10 Maintaining an Updated Plan

5.11.C Availability of SWPPP

5.11.D Signature and Certification 8 .1 Minimum information required in NOT Required minimum information in NOT None 6.1 Submitting an NOT Yes

8 .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 8 .3 Submit NOTs through eNOI system Requires use of eNOI system except in exceptional circumstances None 6.1 Submitting an NOT Yes

– should reduce cost to permittees through use of electronic submission; paper NOI still available if demonstrated need