Stormwater discharge from construction activities regulated under the National Pollutant Discharge Elimination System (NPDES) program require issuance of an NPDES permit from either the state regulatory agency or the EPA. While some states have permitting authority, the EPA may be the appropriate permitting entity for certain areas within those states, e.g., Indian Country in states including Oklahoma, Texas, Kansas, Louisiana and Michigan. Nearly all permits issued by the EPA are construction general permits (CGP).

On April 25, 2011, the EPA filed a notice proposing extension of the 2008 CGP usage until January 31, 2012. On the same day, the EPA published notice of the proposed CGP. Public comment will be accepted until June 24, 2011. The proposed modifications include enhanced protections and new requirements to implement the new effluent limitations guidelines and source performance standards that became effective on February 1, 2010. This includes restrictions on erosion and sediment control, stabilization and pollution prevention. In addition to reorganizing the structure and appearance of the permit, other proposed changes include...

Article Authored By McAfee & Taft Attorney: Heidi Slinkard Brasher.