2012 Federal Storm Water Construction General Permit Requirements

The 2012 Construction General Permit (CGP) revisions incorporate non-numeric requirements of the Effluent Limitation Guidelines and New Source Performance standards for the construction and development industry (C&D Rule, December 1, 2009). These include erosion and sediment controls, natural buffers or alternative controls, soil stabilization, pollution prevention measures, prohibited discharges, and surface outlets.  While the 2012 CGP changes did not include the proposed numeric effluent limitation, additional requirements will be discussed that impact how construction contractors, environmental professionals, and industries approach project design.  Incorporating changes at the planning phase of project development can reduce enforcement actions and construction delays, and promote of the triple bottom line: profit, people, and planet.  

EPA considered the potential for adverse impacts to the aquatic ecosystem, increases to drinking water treatment costs, damage to recreational land use, and reduced navigation capacity and water storage when improperly managed. Pollutants associated with construction sites including sediment, debris, nutrients, and chemicals that have the potential to adversely affect surface waters. Cationic treatment chemicals will be ineligible for coverage unless otherwise approved by EPA.  

Where EPA is the permitting authority, the 2012 CGP is currently in effect.  Other states and local governments will need to update regulations and ordinances as their permit cycles require to meet the 2012 CGP conditions. 

Documentation of compliance with other federal requirements, Storm Water Pollution Prevention Program modifications, water quality-based effluent limits to protect impaired waters / high quality waters, site inspections, permit termination, and other requirements of the 2012 CGP will also be discussed.