Jun 10, 2021

EPA Seeks Public Comment on Proposed 2022 Construction General Permit for Storm Water Discharges

The industry that will be impacted in the short term includes construction operators in Massachusetts, New Hampshire, New Mexico, and the District of Columbia.

storm-water

The EPA is seeking public comment on its proposed 2022 Construction General Permit (CGP) for storm water discharges from construction activity.

“Once finalized, this permit will replace the 2017 CGP, which expires on February 16, 2022, and will cover storm water discharges from construction activities in areas where EPA is the NPDES (National Pollutant Discharge Elimination System) permitting authority,” according to EPA.

The industry that will be impacted in the short term includes construction operators in Massachusetts, New Hampshire, New Mexico, and the District of Columbia, according to EPA. The long-term impacts will include any construction operators working in states that model their NPDES storm water construction general permits after EPA’s CGP, according to Lexology.

The proposed 2022 CGP includes changes which include: changes to clarify the permit and changes to add specificity to the CGP requirements.

The changes include: 

  • New language to state the EPA does not endorse specific storm water control or storm water pollution prevention plan (SWPPP) products or vendors;
  • Differentiation between routine maintenance and corrective action;
  • A definition of the term “seasonally dry period”;
  • Clarification that electronic versions of the SWPPP inspection reports and corrective action logs may be used as long as they meet certain minimum requirements;
  • Proposed updates to Appendix D of the CGP;
  • Perimeter control installation and maintenance requirements;
  • Pollution prevention requirements for chemicals used and stored on-site;
  • Dewatering discharge requirements and more.

Construction operators impacted by these changes should consider reviewing the proposed permit in detail and submitting public comments regarding these proposed changes. Comments can be submitted on www.regulations.gov for docket ID # EPA-HQ-OW-2021-0169.

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