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 rule and the 2008 CGP. This comparison examines 

whether the costs associated with a permittee’s compliance with any one of the 2012 CGP requirements 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 costs 

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 between the 2012 and 

2008 permits. 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 Rule

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 

operators 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 the 2008 CGP 

requirements.
Construction General Permit (CGP)

Page 2 of 9

2012 CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

precipitation; 

the nature of 

runoff and runon 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 nonconcentrated 

or nonchannelized 

discharges to 

vegetated 

areas on the 

site. 

Install 

stormwater 

controls prior to 

phases of earthdisturbances

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 are 
Construction General Permit (CGP)

Page 3 of 9

2012 CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

Requirements 

Applicable to All 

Sites:

Stabilize 

entrance and 

exit points, and 

eliminate trackout 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 

compaction, 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 

requirements.

2.1.2.1 Provide 

Natural Buffers 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 – The 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 

requirements.
Construction General Permit (CGP)

Page 4 of 9

2012 CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

Dewatering 

practices

erosion at outlets and to 

minimize channel & 

streambank 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) 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
Construction General Permit (CGP)

Page 5 of 9

2012 CGP Requirement Corresponding C&D Rule

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 

applicable

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
Construction General Permit (CGP)

Page 6 of 9

2012 CGP Requirement Corresponding C&D Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

3.2 Requirements 

for Discharges to 

Impaired Waters 

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.

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 

reductions 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 Rule

Requirement

Corresponding 2008 

CGP Requirement

Costs Accounted For?

when a 

discharge is not 

occurring

Recordkeeping 

requirements

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 Plan

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

Yes
Construction General Permit (CGP)

Page 8 of 9

2012 CGP Requirement Corresponding C&D Rule

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 

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

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

Yes
Construction General Permit (CGP)

Page 9 of 9

2012 CGP Requirement Corresponding C&D Rule

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