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Construction Stormwater General Permit (6-FD-a)

Information current as of 2024
The Clean Water Act prohibits stormwater discharges from certain construction activities into waters of the U.S. unless that discharge is covered under a National Pollutant Discharge Elimination System (NPDES) Permit. More specifically, an NPDES permit is required for stormwater discharges from any construction activity disturbing more than one acre of land or activities disturbing less than one acre of land but that are part of a common plan or development that will ultimately disturb more than one acre of land. 40 C.F.R. § 122.26(b)(15). Dischargers of storm water associated with this construction activity may either apply for an individual permit or seek coverage under a promulgated general permit. 40 C.F.R. § 122.26(c)(1).


The current Federal general permit is the 2022 Construction General Permit (CGP), which covers eligible construction stormwater discharges in the areas where the EPA is the NPDES permitting authority. EPA Construction General Permit Website. Most states have obtained EPA approval to implement the NPDES program and issue their own permits for stormwater discharges associated with construction activities. However, the EPA is the NPDES permitting authority in: Massachusetts, New Hampshire, New Mexico, and the District of Columbia; in most U.S. territories; in Indian Country lands within most U.S. states; for federal operators in Colorado, Delaware, Vermont, and areas of Washington; oil and gas activities in Oklahoma; and Denali National Park and Preserve. EPA Construction General Permit Website.



Construction Stormwater General Permit Process


6-FD-a.1 – Develop Stormwater Pollution Prevention Plan (SWPPP)

Once a developer has determined that a construction site meets the eligibility requirements in Part 1.1 of the 2022 Construction General Permit (CGP), the developer must assemble a stormwater team to be responsible for carrying out activities necessary to comply with the 2022 CGP. 2022 CGP § 6.1.

Next, the developer must prepare a Stormwater Pollution Prevention Plan (SWPPP). 2022 CGP § 1.1. At a minimum, the SWPPP must include:

  • Identification of all site operators and the stormwater team;
  • The nature of the construction activities;
  • A site map;
  • All authorized non-stormwater discharges;
  • A description of stormwater controls;
  • Procedures for inspection, maintenance, and corrective action;
  • Procedures for turbidity benchmark monitoring from dewatering discharges;
  • Compliance with other requirements such as Threatened and Endangered Species Protection, Historic Properties, and Safe Drinking Water Ace Underground Injection Control;
  • Certification; and
  • Certain additions specified in 2022 CGP § 7.2.11 once the developer is authorized for coverage under the Permit.

2022 CGP § 7.2.

6-FD-a.2 – Notice of Intent

Once the SWPP is complete, the developer should begin preparing a Notice of Intent (NOI). Operators of new sites, or new operators of permitted sites, must submit the NOI at least 14 calendar days before commencing construction activities. 2022 CGP Table 1. The NOI in this case is a form located at Appendix H of the 2022 CGP. The NOI includes:

  • Operator information;
  • Information of the NOI preparer;
  • Project and site information;
  • Discharge point and TMDL information;
  • Chemical treatment information;
  • SWPPP and personnel training information;
  • Endangered Species Protection and Historic Preservation information; and
  • Certification information.

2022 CGP Appendix H.

The developer should submit the NOI using the EPA's NPDEA eReporting Tool, unless it receives a waiver to use a paper NOI. 2022 CGP § 1.4.2.


6-FD-a.3 – Install Stormwater Controls

The developer must complete installation of stormwater controls by the time each phase of construction activities has begun. 2022 CGP § 2.1.3. During construction, the developer should ensure that all stormwater controls are maintained and remain in effective operating condition during permit coverage and are protected from activities that would reduce their effectiveness. 2022 CGP § 2.1.4.


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