• EPA Issues Final Construction General Permit
  • March 9, 2012 | Authors: Michael F. Albers; Craig A. Bromby; Deidre G. Duncan; Brooks M. Smith; Miranda R. Yost
  • Law Firms: Hunton & Williams LLP - Dallas Office ; Hunton & Williams LLP - Raleigh Office ; Hunton & Williams LLP - Washington Office ; Hunton & Williams LLP - Richmond Office
  • On February 16, 2012, the Environmental Protection Agency (“EPA”) issued the Final 2012 Construction General Permit (“CGP”). The CGP was published in the Federal Register on February 29, 2012. The 2012 CGP replaces the 2008 CGP and includes new requirements to implement the Effluent Limitation Guidelines and New Source Performance Standards for the construction and development industry, which were issued by EPA on December 1, 2009. Construction projects of greater than one acre must obtain a National Pollutant Discharge Elimination System ("NPDES") permit for discharges of stormwater. EPA and most approved NPDES programs have adopted general permits for stormwater discharges from construction sites. The CGP applies only in states, territories or Indian lands which do not have an EPA-approved NPDES program, and it is immediately effective in those jurisdictions. States and other jurisdictions with EPA-approved NPDES programs may implement the federal CGP, in whole or in part, in the course of renewing stormwater general permits for construction sites, but until or unless they do, the CGP is not binding in those jurisdictions. However, the CGP may provide a model in EPA-approved NPDES jurisdictions for their construction stormwater general permits.