Bucket: regassist   Key: v2/targeted-fetch/water/us/tdf_d8dd82a6f9d6a5cacba2a52707842ece/content.md
Source: https://www.epa.gov/system/files/documents/2025-04/2022-cgp-permit-as-modified.pdf

National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction Activities

In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter CWA), as amended by the Water Quality Act of 1987, P.L. 100-4, 'operators' of construction activities (defined in Appendix A) that meet the requirements of Part 1.1 of this National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP), are authorized to discharge pollutants in accordance with the effluent limitations and conditions set forth herein. Permit coverage is required from the 'commencement of construction activities' (see Appendix A) until one of the conditions for terminating CGP coverage has been met (see Part 8.2).

This permit becomes effective on 12:00 am, April 8, 2025.

This permit and the authorization to discharge expire at 11:59pm, February 16, 2027 .

The 2022 CGP was modified to expand the list of areas eligible for coverage to include Lands of Exclusive Federal Jurisdiction in the U.S., to clarify the requirements that apply to projects that discharge to receiving waters within these areas, and to make corresponding changes in Appendices A, B, and D. See 2022 CGP Modification - Fact Sheet for additional information.

Signed and issued this 8 th day of April 2025

JAVIER LAUREANO PEREZ

Digitally signed by JAVIER LAUREANO PEREZ Date: 2025.04.08 09:24:10 -04'00'

Javier Laureano Perez, Director, Water Division, EPA Region 2.

Signed and issued this 8 th day of April 2025

CARMEN GUERRERO PEREZ

Digitally signed by CARMEN GUERRERO PEREZ Date: 2025.04.08 12:41:41 -04'00'

Director, Caribbean Environmental Protection Division,

Carmen Guerrero Perez, EPA Region 2.

Signed and issued this 8 th day of April 2025

KATHLENE BUTLER

Digitally signed by KATHLENE BUTLER Date: 2025.04.08 14:05:04 -04'00'

Kathlene Butler,

Director, Water Division, EPA Region 4.

Signed and issued this 8 th day of April 2025

TERA FONG

Digitally signed by TERA FONG Date: 2025.04.08 15:01:22 -05'00'

Tera Fong, Director, Water Division, EPA Region 5.

Signed and issued this 8 th day of April 2025

TROY HILL

Digitally signed by TROY HILL Date: 2025.04.08 14:04:26 -05'00'

Troy Hill,

Director, Water Division, EPA Region 6.

Signed and issued this 8 th day of April 2025

JEFFERY ROBICHAUD

Digitally signed by JEFFERY ROBICHAUD Date: 2025.04.08 14:31:40 -05'00'

Jeffery Robichaud, Director, Water Division, EPA Region 7.

Signed and issued this 8 th day of April 2025

STEPHANIE DEJONG

Digitally signed by STEPHANIE DEJONG Date: 2025.04.08 09:32:38 -06'00'

Stephanie DeJong, Manager, Clean Water Branch, EPA Region 8.

Signed and issued this 8 th day of April 2025

Digitally signed by TOMAS

TORRES

Date: 2025.04.08 09:19:32 -07'00'

Tomas Torres,

Director, Water Division, EPA Region 9.

Signed and issued this 8 th day of April 2025

MATHEW MARTINSON

MATHEW MARTINSON 2025.04.08 14:41:11 -07'00'

Mathew Martinson, Director, Water Division, EPA Region 10.

For EPA Regions 1 and 3, this modified permit becomes effective at 2:00 pm, June 10, 2025. This permit and the authorization to discharge expire at 11:59pm, February 16, 2027 .

The 2022 CGP was modified to expand the list of areas eligible for coverage to include Lands of Exclusive Federal Jurisdiction in the U.S., to clarify the requirements that apply to projects that discharge to receiving waters within these areas, and to make corresponding changes in Appendices A, B, and D. See 2022 CGP Modification - Fact Sheet for additional information.

Signed and issued this 10 th day of June 10, 2025

MARK SANBORN

Digitally signed by MARK SANBORN Date: 2025.06.10 11:00:04

-04'00'

Mark Sanborn Regional Administrator, EPA Region 1

Signed and issued this 10 th day of June 10, 2025

MICHELLE PRICE-FAY

Digitally signed by MICHELLE PRICE-FAY Date: 2025.06.10 09:35:25 -04'00'

Michelle Price-Fay Director, Water Division, EPA Region 3

CONTENTS

How to Obtain Coverage Under the Construction General Permit (CGP)..................................3 How to Obtain Coverage Under the Construction General Permit (CGP)..................................3 How to Obtain Coverage Under the Construction General Permit (CGP)..................................3
1.1 Eligibility Conditions ....................................................................................................................3
1.2 Types of Discharges Authorized ................................................................................................5
1.3 Prohibited Discharges.................................................................................................................6
1.4 Submitting your Notice of Intent (NOI).....................................................................................7
1.5 Requirement to Post a Notice of Your Permit Coverage.......................................................9
2 Technology-Based Effluent Limitations.........................................................................................10 Technology-Based Effluent Limitations.........................................................................................10
2.1 General Stormwater Control Design, Installation, and Maintenance Requirements.......10
2.2 Erosion and Sediment Control Requirements........................................................................12
2.3 Pollution Prevention Requirements.........................................................................................20
2.4 Construction Dewatering Requirements................................................................................24
3 Water Quality-Based Effluent Limitations......................................................................................25 Water Quality-Based Effluent Limitations......................................................................................25
3.1 General Effluent Limitation to Meet Applicable Water Quality Standards .......................25
3.2 Water Quality-Based Conditions for Sites Discharging to Certain Impaired and High Quality Receiving Waters.....................................................................................................................25 Water Quality-Based Conditions for Sites Discharging to Certain Impaired and High Quality Receiving Waters.....................................................................................................................25
3.3 Turbidity Benchmark Monitoring for Sites Discharging Dewatering Water To Protect the Turbidity Benchmark Monitoring for Sites Discharging Dewatering Water To Protect the
4 Inspection Water Quality of Sensitive Waters.......................................................................................................26 Requirements...............................................................................................................30 Water Quality of Sensitive Waters.......................................................................................................26 Requirements...............................................................................................................30
4.1 Person(s) Responsible for Conducting Site and Dewatering Inspections..........................30
4.2 Frequency of Inspections.........................................................................................................30
4.3 Increase in Inspection Frequency for Certain Sites. .............................................................31
4.4 Reductions in Inspection Frequency......................................................................................32
4.5 Areas that Must Be Inspected.................................................................................................33
4.6 Requirements for Inspections ..................................................................................................34
4.7 Inspection Report......................................................................................................................35
4.8 Inspections By EPA....................................................................................................................36
5 Corrective Actions .........................................................................................................................36 Corrective Actions .........................................................................................................................36
5.1 Conditions Triggering Corrective Action................................................................................36
5.2 Corrective Action Deadlines...................................................................................................37
5.3 Corrective Action Required by EPA .......................................................................................38
5.4 Corrective Action Log..............................................................................................................38
6 Stormwater Team Formation/Staff Training Requirements..........................................................38 Stormwater Team Formation/Staff Training Requirements..........................................................38
6.1 Stormwater Team......................................................................................................................38
6.2 General Training Requirements For Stormwater Team Members.......................................39
6.3 Training Requirements For Persons Conducting Inspections ...............................................39
6.4 Stormwater Team's Access To Permit Documents ...............................................................40
Stormwater Pollution Prevention Plan (SWPPP) ............................................................................40 Stormwater Pollution Prevention Plan (SWPPP) ............................................................................40
7.1 General Requirements.............................................................................................................40
7.2 SWPPP Contents........................................................................................................................41
7.3 On-Site Availability of Your SWPPP..........................................................................................48
7.4 SWPPP Modifications ................................................................................................................48
8 How to Terminate Coverage.........................................................................................................49 8 How to Terminate Coverage.........................................................................................................49
8.1 Minimum Information Required in NOT..................................................................................49
8.2 Conditions for Terminating CGP Coverage ..........................................................................49
8.3 How to Submit Your NOT..........................................................................................................50
8.4 Deadline for Submitting the NOT............................................................................................51
8.5 Effective Date of Termination of Coverage..........................................................................51
Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories.............51 Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories.............51
9.1 EPA REGION 1 ............................................................................................................................51
9.2 EPA REGION 2 ............................................................................................................................60
9.3 EPA REGION 3 ............................................................................................................................62
9.4 EPA REGION 4 ............................................................................................................................63
9.5 EPA REGION 5 ............................................................................................................................64
9.6 EPA REGION 6 ............................................................................................................................70
9.7 EPA REGION 7 ............................................................................................................................81
9.8 EPA REGION 8 ............................................................................................................................81
9.9 EPA REGION 9 ............................................................................................................................86
9.10 EPA REGION 10 ..........................................................................................................................89
10 ADDITIONAL Permit Conditions Applicable to LANDS OF EXCLUSIVE FEDERAL JURISDICTION101 10 ADDITIONAL Permit Conditions Applicable to LANDS OF EXCLUSIVE FEDERAL JURISDICTION101
Appendix A: Definitions .....................................................................................................................A-1 Appendix A: Definitions .....................................................................................................................A-1
Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses........................... B-1 Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses........................... B-1
Appendix C: Small Construction Waivers and Instructions ............................................................C-1 Appendix C: Small Construction Waivers and Instructions ............................................................C-1
Appendix D: Eligibility Procedures Relating to Threatened & Endangered Species Protection. D-1 Appendix D: Eligibility Procedures Relating to Threatened & Endangered Species Protection. D-1
Appendix E: Historic Property Screening Process ............................................................................E-1 Appendix F: Buffer Requirements .......................................................................................................F-1 Appendix E: Historic Property Screening Process ............................................................................E-1 Appendix F: Buffer Requirements .......................................................................................................F-1
Appendix G: Standard Permit Conditions....................................................................................... Appendix G: Standard Permit Conditions.......................................................................................
G-1 G-1
Appendix H: Notice of Intent (NOI) Form and Instructions.............................................................H-1 Appendix H: Notice of Intent (NOI) Form and Instructions.............................................................H-1
Appendix I: Notice of Termination (NOT) Form and Instructions..................................................... I-1 Appendix J: Suggested Format for Request for Chemical Treatment............................................J-1 Appendix I: Notice of Termination (NOT) Form and Instructions..................................................... I-1 Appendix J: Suggested Format for Request for Chemical Treatment............................................J-1
Appendix K: Turbidity Benchmark Monitoring Report Form........................................................... K-1 Appendix K: Turbidity Benchmark Monitoring Report Form........................................................... K-1

1 HOW TO OBTAIN COVERAGE UNDER THE CONSTRUCTION GENERAL PERMIT (CGP)

To be covered under this permit, you must meet the eligibility conditions and follow the requirements for obtaining permit coverage in this Part.

1.1 ELIGIBILITY CONDITIONS

Where there are multiple operators associated with the same project, all operators must obtain permit coverage. 1 Subcontractors generally are not considered operators for the purposes of this permit.

1.1.2 Your site's construction activities:

1.1.4 Discharges from your site are not:

1 If the operator of a 'construction support activity' (see Part 1.2.1c) is different than the operator of the main site, that operator must also obtain permit coverage. See Part 7.1 for clarification on the sharing of permit-related functions between and among operators on the same site and for conditions that apply to developing a SWPPP for multiple operators associated with the same site.

2 Parts 1.1.4a and 1.1.4b do not include sites currently covered under the 2017 CGP that are in the process of obtaining coverage under this permit, nor sites covered under this permit that are transferring coverage to a different operator.

3 Notwithstanding a site being made ineligible for coverage under this permit because it falls under the description of Parts 1.1.4a or 1.1.4b, above, EPA may waive the applicable eligibility requirement after specific review if it determines that coverage under this permit is appropriate.

1.4.2, you must complete the ESA worksheet in Appendix D to demonstrate you meet one of the criteria and submit it with your paper NOI (Appendix I).

4 EPA notes that the requirements of Part 9 do not apply to projects within Lands of Exclusive Federal Jurisdiction.

5 Note: Your site will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first receiving water to which you discharge is identified by a State, Tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges that enter a storm sewer system prior to discharge, the first receiving water to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system. The current list of Tier 2, Tier 2.5, and Tier 3 waters located in the areas eligible for coverage under this permit can be found at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates. You can also use EPA's Discharge Mapping Tool (https://www.epa.gov/npdes/epas-stormwater-dischargemapping-tools) to assist you in identifying whether any receiving waters to which you discharge are listed as impaired (and the pollutant for which it is impaired) and whether an approved total maximum daily load (TMDL) exists for that waterbody.

1.2 TYPES OF DISCHARGES AUTHORIZED 6

6 See 'Discharge' as defined in Appendix A. Note: Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under CWA Section 402(k) by disclosure to EPA, State, or local authorities after issuance of this permit via any means, including the Notice of Intent (NOI) to be covered by the permit, the SWPPP, or during an inspection.

1.3 PROHIBITED DISCHARGES 8

The discharges listed in this Part are prohibited outright or authorized only under the identified conditions. To prevent the discharges in Parts 1.3.1 through 1.3.5, operators must comply with the applicable pollution prevention requirements in Part 2.3 or ensure the discharge is authorized by another NPDES permit consistent with Part 1.2.3 for commingled discharges.

7 EPA notes that operators may need to comply with additional procedures to verify that the dewatering discharge is uncontaminated. Operators should review Part 9 to determine if any of these requirements apply to their discharge and should ensure that they have complied with any State, Tribal, or local dewatering requirements that apply.

8 EPA includes these prohibited non-stormwater discharges here as a reminder to the operator that the only non-stormwater discharges authorized by this permit are at Part 1.2.2. Any unauthorized non-stormwater discharges must be covered under an individual permit or alternative general permit.

1.4 SUBMITTING YOUR NOTICE OF INTENT (NOI)

All 'operators' (as defined in Appendix A) associated with your construction site who meet the Part 1.1 eligibility conditions, and who seek coverage under this permit, must submit to EPA a complete and accurate NOI in accordance with the deadlines in Table 1 prior to commencement of construction activities (as defined in Appendix A).

Exception : If you are conducting construction activities in response to a public emergency (e.g., mud slides, earthquake, extreme flooding conditions, widespread disruption in essential public services), and the related work requires immediate authorization to avoid imminent endangerment to human health, public safety, or the environment, or to reestablish essential public services, you may discharge on the condition that a complete and accurate NOI is submitted within 30 calendar days after commencing construction activities (see Table 1) establishing that you are eligible for coverage under this permit. You must also provide documentation in your Stormwater Pollution Prevention Plan (SWPPP) to substantiate the occurrence of the public emergency pursuant to Part 7.2.3i.

1.4.1 Prerequisite for Submitting Your NOI

You must develop a SWPPP consistent with Part 7 before submitting your NOI for coverage under this permit.

1.4.2 How to Submit Your NOI

You must use EPA's NPDES eReporting Tool (NeT) to electronically prepare and submit your NOI for coverage under the 2022 CGP unless you received a waiver from your applicable EPA Regional Office.

To access NeT, go to https://cdx.epa.gov/cdx .

Waivers from electronic reporting may be granted based on one of the following conditions:

If the EPA Regional Office grants you approval to use a paper NOI, and you elect to use it, you must complete the form in Appendix H.

1.4.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage

Table 1 provides the deadlines for submitting your NOI and the official start date of your permit coverage, which differ depending on when you commence construction activities.

Table 1 NOI Submittal Deadlines and Official Start Date for Permit Coverage.

Type of Operator NOI Submittal Deadline 9 Permit Authorization Date 10
Operator of a new site (i.e., a site where construction activities commence on or after February 17, 2022) At least 14 calendar days before commencing construction activities. 14 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization is delayed or denied.
Operator of an existing site (i.e., a site with 2017 CGP coverage where construction activities commenced prior to February 17, 2022) No later than May 18, 2022. 14 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization is delayed or denied. Provided you submit your NOI no later than May 18, 2022, your authorization under the 2017 CGP is automatically continued until you have been granted coverage under this permit or an alternative NPDES permit, or coverage is otherwise terminated.
New operator of a permitted site (i.e., an operator that through transfer of ownership and/or operation replaces the operator of an already permitted construction site that is either a 'new site' or an 'existing site') At least 14 calendar days before the date the transfer to the new operator will take place. 14 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization is delayed or denied.
Operator of an 'emergency-related project' (i.e., a project initiated in response to a public emergency (e.g., mud slides, earthquake, extreme flooding conditions, disruption in essential public services), for which the related work requires immediate authorization to avoid imminent endangerment to human health or the environment, or to reestablish essential public services) No later than 30 calendar days after commencing construction activities. You are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization is delayed or denied.

1.4.4 Modifying your NOI

If after submitting your NOI you need to correct or update any fields, you may do so by submitting a 'Change NOI' form using NeT. Waivers from electronic reporting may be granted as specified in Part 1.4.2. If the EPA Regional Office has granted you approval to submit a paper NOI modification, you may indicate any NOI changes on the same NOI form in Appendix H.

When there is a change to the site's operator, the new operator must submit a new NOI, and the previous operator must submit a Notice of Termination (NOT) form as specified in Part 8.3.

The following modifications to an NOI form will result in a 14-day review process:

During the 14-day review process, you may continue to operate based on the information provided in your original NOI, but you must wait until the review period has ended before you may commence or continue activities on any portion of your site that would be affected by any of the above modifications, unless EPA notifies you that the authorization is delayed or denied.

1.4.5 Your Official End Date of Permit Coverage

Once covered under this permit, your coverage will last until the date that:

1.5 REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE

You must post a sign or other notice of your permit coverage at a safe, publicly accessible location in close proximity to the construction site. The notice must be located so it is visible from the public road that is nearest to the active part of the construction

11 As defined in Appendix A, a 'receiving water' is 'a 'Water of the United States' as defined in 40 CFR §122.2 into which the regulated stormwater discharges.

site, and it must use a font large enough to be readily viewed from a public right-ofway. 12 At a minimum, the notice must include:

2 TECHNOLOGY-BASED EFFLUENT LIMITATIONS

You must comply with the following technology-based effluent limitations in this Part for all authorized discharges. 13

2.1 GENERAL STORMWATER CONTROL DESIGN, INSTALLATION, AND MAINTENANCE REQUIREMENTS

You must design, install, and maintain stormwater controls required in Parts 2.2, 2.3, and 2.4 to minimize the discharge of pollutants in stormwater from construction activities. 14 To meet this requirement, you must:

2.1.1 Account for the following factors in designing your stormwater controls:

12 If the active part of the construction site is not visible from a public road, then place the notice of permit coverage in a position that is visible from the nearest public road and as close as possible to the construction site.

13 For each of the effluent limits in Part 2, as applicable to your site, you must include in your SWPPP (1) a description of the specific control(s) to be implemented to meet the effluent limit; (2) any applicable design specifications; (3) routine maintenance specifications; and (4) the projected schedule for installation/implementation. See Part 7.2.6.

14 The permit does not recommend or endorse specific products or vendors.

15 Stormwater controls must be designed using the most recent data available to account for recent precipitation patterns and trends.

If your site is exposed to or has previously experienced major storms, such as hurricanes, storm surge, extreme/heavy precipitation, and flood events, you should also include consideration of and contingencies for whether implementing structural improvements, enhanced/resilient stormwater controls, and other mitigation measures may help minimize impacts from stormwater discharges from such major storm events.

2.1.2 Design and install all stormwater controls in accordance with good engineering practices, including applicable design specifications. 16

2.1.3 Complete installation of stormwater controls by the time each phase of construction activities has begun.

2.1.4 Ensure all stormwater controls are maintained and remain in effective operating condition during permit coverage and are protected from activities that would reduce their effectiveness.

16 Design specifications may be found in manufacturer specifications and/or in applicable erosion and sediment control manuals or ordinances. Any departures from such specifications must reflect good engineering practices and must be explained in your SWPPP. You must also comply with any additional design and installation requirements specified for the effluent limits in Parts 2.2, 2.3, and 2.4.

17 Note that the requirement to install stormwater controls prior to each phase of construction activities for the site does not apply to the earth disturbance associated with the actual installation of these controls. Operators should take all reasonable actions to minimize the discharges of pollutants during the installation of stormwater controls.

18 Any departures from such maintenance recommendations made by the manufacturer must reflect good engineering practices and must be explained in your SWPPP.

of the condition and how it was corrected under Part 5.4; or

2.2 EROSION AND SEDIMENT CONTROL REQUIREMENTS

You must implement erosion and sediment controls in accordance with the following requirements to minimize the discharge of pollutants in stormwater from construction activities.

See Appendix F, Part F.2 for additional conditions applicable to each compliance alternative.

19 Such documentation could include, for example, that minor repairs completed within the required timeframe are all that is necessary to ensure that the stormwater control continues to operate as designed and installed and that the stormwater control remains appropriate for the flow reaching it.

20 Operators should consider whether factors such as specific contaminant concerns from the construction site, the underlying soils or geology, hydrology, depth to the ground water table, or proximity to source water or wellhead protection area(s) make the site unsuitable for infiltrating construction stormwater. Site conditions that may be of particular concern include proximity to: a current or future drinking water aquifer; a drinking water well or spring (including private/household wells); highly conductive geology such as karst; known pollutant hot spots, such as hazardous waste sites, landfills, gas stations, brownfields; an onsite sewage system or underground storage tank; or soils that do not allow for infiltration. Operators may find it helpful to consult EPA's Drinking Water Mapping Application to Protect Source Waters (DWMAPS) . DWMAPS is an online mapping tool that can be used to locate drinking water providers, potential sources of contamination, polluted waterways, and information on protection initiatives in the site area.

2.2.3 Install sediment controls along any perimeter areas of the site that are downslope from any exposed soil or other disturbed areas. 21

2.2.4 Minimize sediment track-out.

21 Examples of perimeter controls include filter berms; different types of silt fence such as wire-backed silt fence, super silt fence, or multi-layer geotextile silt fence; compost filter socks; gravel barriers; and temporary diversion dikes.

22 Examples of appropriate stabilization techniques include the use of aggregate stone with an underlying geotextile or non-woven filter fabric, and turf mats.

23 Examples of other exit point controls include preventing the use of exit points during wet periods; minimizing exit point use by keeping vehicles on site to the extent possible; limiting exit point size to the width needed for vehicle and equipment usage; using scarifying and compaction techniques on the soil; and avoiding establishing exit points in environmentally sensitive areas (e.g. , karst areas; steep slopes).

24 Examples of additional track-out controls include the use of wheel washing, rumble strips, and rattle plates.

sediment into any constructed or natural site drainage feature, storm drain inlet, or receiving water. 25

2.2.5 Manage stockpiles or land clearing debris piles composed, in whole or in part, of sediment and/or soil: 26

25 Fine grains that remain visible (e.g., staining) on the surfaces of off-site streets, other paved areas, and sidewalks after you have implemented sediment removal practices are not a violation of Part 2.2.4.

26 The requirements in Part 2.2.5 do not apply to the storage of rock, such as rip rap, landscape rock, pipe bedding gravel, and boulders. Refer to Part 2.3.3a for the requirements that apply to these types of materials.

27 Examples of sediment barriers include berms, dikes, fiber rolls, silt fences, sandbags, gravel bags, or straw bale.

28 Examples of cover include tarps, blown straw and hydroseeding.

29 Where disturbance to steep slopes cannot be avoided, operators should consider implementing controls suitable for steep slope disturbances that are effective at minimizing erosion and sediment discharge (e.g., preservation of existing vegetation, hydraulic mulch, geotextiles and mats, compost blankets, earth dikes or drainage swales, terraces, velocity dissipation devices). To identify slopes and soil types that are of comparatively higher risk for sediment discharge in areas of the country where the CGP is in effect, operators can use the tables in Appendix F (see Tables F-2 thru F-6).

30 Stockpiling topsoil at off-site locations, or transferring topsoil to other locations, is an example of a practice that is consistent with the requirements in Part 2.2.8. Preserving native topsoil is not required where the intended function of a specific area of the site dictates that the topsoil be disturbed or removed. For example, some sites may be designed to be highly impervious after construction, and therefore little or no vegetation is intended to remain, or may not have space to stockpile native topsoil on site for later use, in which case it may not be feasible to preserve topsoil.

31 Minimizing soil compaction is not required where the intended function of a specific area of the site dictates that it be compacted.

2.2.10 Protect storm drain inlets.

2.2.11 Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points. 33

2.2.12 If you install a sediment basin or similar impoundment:

32 Inlet protection measures can be removed in the event of flood conditions or to prevent erosion.

33 Examples of stormwater controls that can be used to comply with this requirement include the use of erosion controls and/or velocity dissipation devices (e.g., check dams, sediment traps), within and along the length of a constructed site drainage feature and at the outfall to slow down stormwater.

34 Operators may refer to https://www.epa.gov/npdes/construction-general-permit-resources-tools-andtemplates for guidance on determining the volume of precipitation associated with their site's local 2-year, 24-hour storm event.

35 The circumstances in which it is infeasible to design outlet structures in this manner are rare. Exceptions may include areas with extended cold weather, where using surface outlets may not be feasible during certain time periods (although they must be used during other periods). If you determine that it is infeasible to meet this requirement, you must provide documentation in your SWPPP to support your determination, including the specific conditions or time periods when this exception will apply.

36 If you will be evaluating the use of some type of erosion control netting to the site as part of your site stabilization, EPA encourages you to consider employing products that have been shown to minimize

Stabilization Deadlines : 37

Table 2 Deadlines for Initiating and Completing Site Stabilization.

Total Amount of Land Disturbance Occurring At Any One Time 38 Deadline
i. Five acres or less (≤5.0) Note: this includes sites disturbing more than five acres (>5.0) total over the course of a project, but that limit disturbance at any one time ( i.e. , phase the disturbance) to five acres or less (≤5.0) • Initiate the installation of stabilization measures immediately 39 in any areas of exposed soil where construction activities have permanently ceased or will be temporarily inactive for 14 or more calendar days; 40 and • Complete the installation of stabilization measures as soon as practicable, but no later than 14 calendar days

impacts on wildlife. For instance, the U.S. Fish & Wildlife Service provides recommendations on the type of netting practices that are considered 'wildlife friendly,' including those that use natural fiber or 100 percent biodegradable materials and that use a loose weave with a non-welded, movable jointed netting, as well as those products that are not wildlife friendly including square plastic netting that are degradable (e.g., photodegradable, UV-degradable, oxo-degradable), netting made from polypropylene, nylon, polyethylene, or polyester. Other recommendations include removing the netting product when it is no longer needed. See

https://www.fws.gov/midwest/eastlansing/library/pdf/WildlifeFriendlyErosionControlProducts_revised.pdf for further information. There also may be State, Tribal, or local requirements about using wildlife friendly erosion control products.

37 EPA may determine, based on an inspection carried out under Part 4.8 and corrective actions required under Part 5.3, that the level of sediment discharge on the site makes it necessary to require a faster schedule for completing stabilization. For instance, if sediment discharges from an area of exposed soil that is required to be stabilized are compromising the performance of existing stormwater controls, EPA may require stabilization to correct this problem.

38 Limiting disturbances to five (5) acres or less at any one time means that at no time during the project do the cumulative earth disturbances exceed five (5) acres. The following examples would qualify as limiting disturbances at any one time to five (5) acres or less:

  1. The total area of disturbance for a project is five (5) acres or less.
  2. The total area of disturbance for a project will exceed five (5) acres, but the operator ensures that no more than five (5) acres will be disturbed at any one time through implementation of stabilization measures. In this way, site stabilization can be used to 'free up' land that can be disturbed without exceeding the five (5)-acre cap to qualify for the 14-day stabilization deadline. For instance, if an operator completes stabilization of two (2) acres of land on a five (5)-acre disturbance, then two (2) additional acres could be disturbed while still qualifying for the longer 14-day stabilization deadline.

39 The following are examples of activities that would constitute the immediate initiation of stabilization:

  1. Prepping the soil for vegetative or non-vegetative stabilization as long as seeding, planting, and/or installation of non-vegetative stabilization products takes place as soon as practicable, but no later than one (1) calendar day of completing soil preparation;
  2. Applying mulch or other non-vegetative product to the exposed area;
  3. Seeding or planting the exposed area;
  4. Starting any of the activities in # 1 - 3 on a portion of the entire area that will be stabilized; and
  5. Finalizing arrangements to have stabilization product fully installed in compliance with the deadlines for completing stabilization.

40 The requirement to initiate stabilization immediately is triggered as soon as you know that construction work on a portion of the site is temporarily ceased and will not resume for 14 or more days, or as soon as you know that construction work is permanently ceased. In the context of this provision, 'immediately' means as soon as practicable, but no later than the end of the next business day, following the day when the construction activities have temporarily or permanently ceased.

Total Amount of Land Disturbance Occurring At Any One Time 38 Deadline
after stabilization has been initiated. 41
ii. More than five acres (>5.0) • Initiate the installation of stabilization measures immediately 42 in any areas of exposed soil where construction activities have permanently ceased or will be temporarily inactive for 14 or more calendar days; 43 and • Complete the installation of stabilization measures as soon as practicable, but no later than seven (7) calendar days after stabilization has been initiated. 44

Exceptions:

41 If vegetative stabilization measures are being implemented, stabilization is considered 'installed' when all activities necessary to seed or plant the area are completed, including the application of any nonvegetative protective cover (e.g., mulch, erosion control blanket), if applicable. If non-vegetative stabilization measures are being implemented, stabilization is considered 'installed' when all such measures are implemented or applied.

42 See footnote 39.

43 See footnote 40.

44 See footnote 41.

45 The term 'seasonally dry period' as defined in Appendix A refers to a month in which the long-term average total precipitation is less than or equal to 0.5 inches. Refer to EPA's Seasonally Dry Period Locator Tool at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates and supporting maps for assistance in determining whether a site is operating during a seasonally dry period for the area.

46 Examples include problems with the supply of seed stock or with the availability of specialized equipment and unsuitability of soil conditions due to excessive precipitation and/or flooding.

Exceptions:

47 Examples of permanent non-vegetative stabilization measures include riprap, gravel, gabions, and geotextiles.

2.3 POLLUTION PREVENTION REQUIREMENTS 48

You must implement pollution prevention controls in accordance with the following requirements to minimize the discharge of pollutants in stormwater and to prevent the discharge of pollutants from spilled or leaked materials from construction activities.

2.3.1 For equipment and vehicle fueling and maintenance:

2.3.2 For equipment and vehicle washing:

48 Under this permit, you are not required to minimize exposure for any products or materials where the exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk of stormwater contamination (such as final products and materials intended for outdoor use).

49 Examples of effective means include:

· Locating activities away from receiving waters, storm drain inlets, and constructed or natural site drainage feature so that stormwater coming into contact with these activities cannot reach waters of the U.S.;

· Providing secondary containment (e.g., spill berms, dikes, spill containment pallets ) and cover where appropriate; and

· Having a spill kit available on site and ensuring personnel are available to respond expeditiously in the event of a leak or spill.

50 Examples of effective means include locating activities away from receiving waters and storm drain inlets or constructed or natural site drainage features and directing wash waters to a sediment basin or sediment trap, using filtration devices, such as filter bags or sand filters, or using other similarly effective controls.

2.3.3 For storage, handling, and disposal of building products, materials, and wastes: 51

Exception: Minimization of exposure is not required in cases where the exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk of stormwater contamination (such as final products and materials intended for outdoor use).

51 Compliance with the requirements of this permit does not relieve compliance requirements with respect to Federal, State, or local laws and regulations governing the storage, handling, and disposal of solid, hazardous, or toxic wastes and materials.

52 Examples of building materials and building products typically present at construction sites include asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixtures, and gravel and mulch stockpiles.

permits. If site constraints prevent you from storing containers 50 feet away from receiving waters or the other features identified, you must document in your SWPPP the specific reasons why the 50-foot setback is infeasible, and how you will store containers as far away as the site permits;

53 Examples of hazardous or toxic waste that may be present at construction sites include paints, caulks, sealants, fluorescent light ballasts, solvents, petroleum-based products, wood preservatives, additives, curing compounds, and acids.

54 Examples of construction and domestic wastes include packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, demolition debris; and other trash or discarded materials.

2.3.4 For washing applicators and containers used for stucco, paint, concrete, form release oils, curing compounds, or other materials:

2.3.5 For the application of fertilizers:

2.3.6 Emergency Spill Notification Requirements

Discharges of toxic or hazardous substances from a spill or other release are prohibited, consistent with Part 1.3.5. Where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR part 110, 40 CFR part 117, or 40 CFR part 302 occurs during a 24-hour period, you must notify the National Response Center (NRC) at (800) 424-8802 or, in the Washington, DC metropolitan area, call (202) 267-2675 in accordance with the requirements of 40 CFR part 110, 40 CFR part 117, and 40 CFR part 302 as soon as you have knowledge of the release. You must also, within seven (7) calendar days of knowledge of the release, provide a description of the release, the circumstances leading to the release, and the date of the release. State, Tribal, or local requirements may necessitate additional reporting of spills or discharges to local emergency response, public health, or drinking water supply agencies.

2.4 CONSTRUCTION DEWATERING REQUIREMENTS

Comply with the following requirements to minimize the discharge of pollutants from dewatering 55 operations.

55 'Dewatering' is defined in Appendix A as 'the act of draining accumulated stormwater and/or ground water from building foundations, vaults, and trenches, or other similar points of accumulation.'

56 For the purposes of this permit, visual turbidity is present where there is a sediment plume in the discharge or the discharge appears cloudy, or opaque, or has a visible contrast that can be identified by an observer.

3 WATER QUALITY-BASED EFFLUENT LIMITATIONS

3.1 GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS

Discharges must be controlled as necessary to meet applicable water quality standards. Discharges must also comply with any additional State or Tribal requirements that are in Part 9.

In the absence of information demonstrating otherwise, EPA expects that compliance with the conditions in this permit will result in stormwater discharges being controlled as necessary to meet applicable water quality standards. If at any time you become aware, or EPA determines, that discharges are not being controlled as necessary to meet applicable water quality standards, you must take corrective action as required in Parts 5.1 and 5.2, and document the corrective actions as required in Part 5.4.

EPA may insist that you install additional controls (to meet the narrative water qualitybased effluent limit above) on a site-specific basis, or require you to obtain coverage under an individual permit, if information in your NOI or from other sources indicates that your discharges are not controlled as necessary to meet applicable water quality standards. This includes situations where additional controls are necessary to comply with a wasteload allocation in an EPA-established or approved TMDL.

If during your coverage under a previous permit, you were required to install and maintain stormwater controls specifically to meet the assumptions and requirements of an EPA-approved or established TMDL (for any parameter) or to otherwise control your discharge to meet water quality standards, you must continue to implement such controls as part of your coverage under this permit.

3.2 WATER QUALITY-BASED CONDITIONS FOR SITES DISCHARGING TO CERTAIN IMPAIRED AND HIGH QUALITY RECEIVING WATERS

For any portion of the site that discharges to a sediment or nutrient-impaired water or to a water that is identified by your State, Tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for

57 See footnote 20.

antidegradation purposes, 58 you must comply with the inspection frequency specified in Part 4.3 and you must comply with the stabilization deadline specified in Part 2.2.14b.iii. 59

If you discharge to a water that is impaired for a parameter other than a sedimentrelated parameter or nutrients, EPA will inform you if any additional controls are necessary for your discharge to be controlled as necessary to meet water quality standards. These controls might include those necessary for your discharge to be consistent with the assumptions of any available wasteload allocation in any applicable TMDL. In addition, EPA may require you to apply for and obtain coverage under an individual NPDES permit.

In addition, on a case-by-case basis, EPA may notify operators of new sites or operators of existing sites with increased discharges that additional analyses, stormwater controls, and/or other measures are necessary to comply with the applicable antidegradation requirements, or notify you that an individual permit application is necessary.

If you discharge to a water that is impaired for polychlorinated biphenyls (PCBs) and are engaging in demolition of any structure with at least 10,000 square feet of floor space built or renovated before January 1, 1980, you must:

3.3 TURBIDITY BENCHMARK MONITORING FOR SITES DISCHARGING DEWATERING WATER TO PROTECT THE WATER QUALITY OF SENSITIVE WATERS

For sites discharging dewatering water to 'sensitive waters' (i.e., receiving waters listed as impaired for sediment or a sediment-related parameter (as defined in Appendix A), receiving waters designated as a Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes, or receiving waters located within Lands of Exclusive Federal Jurisdiction) you are required to comply with the benchmark monitoring requirements in this Part and document the procedures you will use at your site in your SWPPP pursuant to Part 7.2.8. A summary of these requirements is included in Table 1.

EPA notes that the benchmark threshold is not an effluent limitation, rather it is an indicator that the dewatering controls may not be working to protect water quality, which the operator must investigate and correct as appropriate. A benchmark exceedance is not a permit violation. However, if a benchmark exceedance triggers

58 Refer to Appendix A for definitions of 'impaired water' and 'Tier 2,' 'Tier 2.5,' and 'Tier 3' waters. For assistance in determining whether your site discharges to impaired waters, EPA has developed a tool that is available at https://www.epa.gov/npdes/epas-stormwater-discharge-mapping-tools. For assistance in determining whether your site discharges to a Tier 2, 2.5, or 3 water, refer to the list of such waters at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates.

59 If you qualify for any of the reduced inspection frequencies in Part 4.4, you may conduct inspections in accordance with Part 4.4 for any portion of your site that discharges to a sensitive water.

60 Examples of controls to minimize exposure of PCBs to precipitation and stormwater include separating work areas from non-work areas and selecting appropriate personal protective equipment and tools, constructing a containment area so that all dust or debris generated by the work remains within the protected area, and using tools that minimize dust and heat (<212°F). For additional information, refer to Part 2.3.3 of the CGP Fact Sheet.

corrective action in Part 5.1.5a, failure to conduct any required action is a permit violation.

Where there are multiple operators associated with the same site, the operators may coordinate with one another to carry out the monitoring requirements of this Part in order to avoid duplicating efforts. Such coordinating arrangements must be described in the SWPPP consistent with Part 7.2.8. Regardless of how the operators divide the responsibilities for monitoring and reporting, each operator remains responsible for compliance with these requirements. 61

3.3.1 Turbidity monitoring requirements 62

3.3.2 Turbidity benchmark

Request for alternate benchmark threshold.

61 For instance, if Operator A relies on Operator B to meet the Part 3.3.1 turbidity monitoring requirements, the Part 3.3.4 reporting and recordkeeping requirements, and the Part 5.2.2 corrective action provisions when applicable, Operator A does not have to duplicate these same functions if Operator B is implementing them for both operators to be in compliance with the permit. However, Operator A remains responsible for complying with these permit requirements if Operator B fails to take actions that were necessary for Operator A to comply with the permit. See also footnote 84. EPA notes that both Operator A and B are required to submit turbidity monitoring reports as required under Part 3.3.4, however, Operator A's report does not need to include the data collected by Operator B as long as Operator B submits the required data and Operator A's report indicates that it is relying on Operator B to report the data. See Part 3.3.4a.

62 Operators may find it useful to consult EPA's Monitoring and Inspection Guide for Construction Dewatering , available at https://www.epa.gov/npdes/construction-general-permit-resources-tools-andtemplates, which provides guidelines on how to correctly monitor for turbidity, determine if the weekly average exceeds the benchmark, and, if so, how to proceed with corrective action.

have information demonstrating the higher number is the same as your receiving water's water quality standard for turbidity. Unless EPA approves an alternate benchmark, you will be required to use the standard 50 NTU benchmark. To request approval of an alternate benchmark, you must submit the following information to your applicable EPA Regional Office (see Appendix K):

63 For instance, if your site is located in Washington, DC, and you are discharging to a Class B water, for which the water quality standard is that turbidity may not increase above ambient levels by more than 20 percent, you would reference 'Water Quality Standards for the District of Columbia, Chapter 11, Section 1104.8.'

64 A 'weekly average' is defined as the sum of all of the turbidity samples taken during a 'monitoring week' divided by the number of samples measured during that week. Average values should be calculated to the nearest whole number.

65 For example, if turbidity samples from your dewatering discharge in week 1 result in values of 30 NTU on Tuesday, 40 NTU on Wednesday, and 45 NTU on Thursday, your weekly average turbidity value would be 38.33 NTU ((30+40+45) ÷ 3 = 38 NTU). If in week 2, your turbidity samples resulted in values of 45 NTU on Monday, 30 NTU on Tuesday, 25 NTU on Wednesday, and 15 NTU on Thursday, you would calculate a new average for that week, which would yield an average turbidity value of 28.75 NTU ((45+30+25+15) ÷ 4 = 29 NTU). By comparison, if your samples on consecutive days from Friday to Monday were 60 NTU, 45 NTU, 40

of one or more turbidity monitoring results.

3.3.4 Reporting and recordkeeping.

Table 3. Monitoring Quarters and Deadlines for Reporting Turbidity Benchmark Monitoring Data.

Monitoring Quarter # Months Reporting Deadline (no later than 30 days after end of the monitoring quarter)
1 January 1 - March 31 April 30
2 April 1 - June 30 July 30
3 July 1 - September 30 October 30
4 October 1 - December 31 January 30

NTU, and 43 NTU, respectively, and there are no other dewatering discharges for the remainder of the week, you would calculate one weekly average for the Friday to Sunday to be 48 NTU ((60+45+40) ÷ 3 = 48 NTU), and a separate weekly average for the one Monday to be 43 NTU (43 ÷ 1 = 43 NTU).

66 For example, if during a monitoring week you take two turbidity samples on Tuesday with a value of 30 NTU and 35 NTU, three samples on Wednesday with a value of 40 NTU, 45 NTU, and 48 NTU, and one sample on Thursday with a value of 45 NTU, your weekly average turbidity value for this week would be 41 NTU ((30+35+40+45+48+45) ÷ 6 = 41 NTU).

from the date your authorization is terminated.

Table 4. Summary of Turbidity Benchmark Monitoring Requirements.

Applicability Sampling Requirement Turbidity Benchmark Corrective Action Reporting
Sites discharging dewatering water to a sediment- impaired water, to a water designated as a Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes, or to receiving waters located within Lands of Exclusive Federal Jurisdiction. Collect at least one turbidity sample per day, from each discharge point, on any day there is a dewatering discharge. Use turbidity sampling procedures specified in Part 3.3.1. Compare the weekly average of your turbidity monitoring results to the 50 NTU benchmark (or alternate benchmark if approved by EPA). If the weekly average of turbidity monitoring results exceeds the 50 NTU turbidity benchmark (or alternate benchmark if approved by EPA), you are required to take follow-up corrective action in accordance with Part 5.2.2. Report all weekly average turbidity monitoring results on a quarterly basis via NeT-CGP (unless use of the paper monitoring form in Appendix K is approved by EPA) no later than 30 days following the end of each monitoring quarter.

4 INSPECTION REQUIREMENTS

4.1 PERSON(S) RESPONSIBLE FOR CONDUCTING SITE AND DEWATERING INSPECTIONS

The person(s) inspecting your site may be a person on your staff or a third party you hire to conduct such inspections. You are responsible for ensuring that any person conducting inspections pursuant to this Part is a 'qualified person.' A qualified person is someone who has completed the training required by Part 6.3.

4.2 FREQUENCY OF INSPECTIONS. 67

At a minimum, you must conduct a site inspection in accordance with one of the two schedules listed below, unless you are subject to the Part 4.3 site inspection frequency for discharges to sediment or nutrient-impaired or high quality waters, or qualify for a Part 4.4 reduction in the inspection frequency:

67 Inspections are only required during the site's normal working hours.

68 For the purposes of the inspection requirements in this Part, conducting an inspection 'within 24 hours' means that once either of the two conditions in Parts 4.2.2a or 4.2.2b are met you have 24 hours from that time to conduct an inspection. For clarification, the 24 hours is counted as a continuous passage of time, and not counted by business hours (e.g., 3 business days of 8 hours each). When the 24-hour inspection time frame occurs entirely outside of normal working hours, you must conduct an inspection by no later than the end of the next business day.

0.25 inches but together produce 0.25 inches or more in 24 hours), you are required to conduct one inspection within 24 hours of when 0.25 inches of rain or more has fallen.

4.3 INCREASE IN INSPECTION FREQUENCY FOR CERTAIN SITES.

The increased inspection frequencies established in this Part take the place of the Part 4.2 inspection frequencies for the portion of the site affected.

69 For example, if 0.30 inches of rain falls on Day 1, 0.25 inches of rain falls on Day 2, and 0.10 inches of rain fall on Day 3, you would be required to conduct a first inspection within 24 hours of the Day 1 rainfall and a second inspection within 24 hours of the Day 2 rainfall, but a third inspection would not be required within 24 hours of the Day 3 rainfall.

70 This is the amount of snow that is equivalent to 0.25 inches of rain, based on information from the National Oceanic and Atmospheric Administration (NOAA) indicating that 13 inches of snow is, on average, equivalent to 1 inch of rain. See https://www.nssl.noaa.gov/education/svrwx101/winter/faq/.

71 For snowfall measurements, EPA suggests use of NOAA's National Weather Service guidelines at https://www.weather.gov/jkl/snow_measurement. These guidelines recommend use of a 'snowboard' (a piece of wood about 16 inches by 16 inches) that is placed in an unobstructed part of the site on a hard surface.

that produces 0.25 inches or more of rain within a 24-hour period, or within 24 hours of a snowmelt discharge from a storm event that produces 3.25 inches or more of snow within a 24-hour period.

Refer to Parts 4.2.3a and 4.2.3b for the requirements to determine if a storm event produces enough rain or snow to trigger the inspection requirement.

4.4 REDUCTIONS IN INSPECTION FREQUENCY

4.4.1 Stabilized areas.

72 See footnote 45.

inches or more of snow, you must record the total rainfall or snow measured for that day in accordance with Part 4.7.1d.

4.4.3 Frozen conditions:

You must document the beginning and ending dates of this period in your SWPPP.

4.5 AREAS THAT MUST BE INSPECTED

During your site inspection, you must at a minimum inspect the following areas of your site:

73 Use data sets that include the most recent data available to account for recent precipitation patterns and trends.

74 This includes the requirement to inspect for sediment that has been tracked out from the site onto paved roads, sidewalks, or other paved areas consistent with Part 2.2.4.

You are not required to inspect areas that, at the time of the inspection, are considered unsafe to your inspection personnel.

4.6 REQUIREMENTS FOR INSPECTIONS

75 If the dewatering discharge is a continuous discharge that continues after normal business hours,

You must also comply with the Part 4.7.2, 4.7.3, and 4.7.4 requirements for signing the reports, keeping them available on site, and retaining copies.

4.7 INSPECTION REPORT

indicate that the discharge is continuous.

76 If the operator observes any of these indicators of pollutant discharge, corrective action is required consistent with Parts 5.1.5b and 5.2.2.

storm event that produced 3.25 inches or more of snow within a 24-hour period, you must include any measurements taken of snowfall at your site, or weather station information you relied on; and

4.8 INSPECTIONS BY EPA

You must allow EPA, or an authorized representative of EPA, to conduct the following activities at reasonable times. To the extent that you are utilizing shared controls, that are not on site, to comply with this permit, you must make arrangements for EPA to have access at all reasonable times to those areas where the shared controls are located.

5 CORRECTIVE ACTIONS

5.1 CONDITIONS TRIGGERING CORRECTIVE ACTION.

You must take corrective action to address any of the following conditions identified at your site:

77 Inspection reports may be prepared, signed, and kept electronically, rather than in paper form, if the records are: (a) in a format that can be read in a similar manner as a paper record; (b) legally dependable with no less evidentiary value than their paper equivalent; and (c) immediately accessible to the inspector during an inspection to the same extent as a paper copy stored at the site would be, if the records were stored in paper form. For additional guidance on the proper practices to follow for the electronic retention of inspection report records, refer to the Fact Sheet discussion related to Part 4.7.3.

maintenance fix under Part 2.1.4); or

5.2 CORRECTIVE ACTION DEADLINES

78 For instance, if the weekly average of your turbidity monitoring results or a single sample is extremely high (e.g., a single turbidity sample results in 355 NTUs or higher), you should take action to safely shut off the discharge so that you can evaluate the cause of the high turbidity. Note: A single turbidity sample of 355 NTUs or higher means that the weekly average turbidity value will exceed 50 NTU regardless of the turbidity values the other days during the week.

When you have completed these steps and made any changes deemed necessary, you may resume discharging from your dewatering activities.

5.3 CORRECTIVE ACTION REQUIRED BY EPA

You must comply with any corrective actions required by EPA as a result of permit violations found during an inspection carried out under Part 4.8.

5.4 CORRECTIVE ACTION LOG

6 STORMWATER TEAM FORMATION/STAFF TRAINING REQUIREMENTS

6.1 STORMWATER TEAM

Each operator, or group of multiple operators, must assemble a 'stormwater team' that will be responsible for carrying out activities necessary to comply with this permit. The stormwater team must include the following people:

79 The corrective action log may be prepared, signed, and kept electronically, rather than in paper form, if the records are: (a) in a format that can be read in a similar manner as a paper record; (b) legally dependable with no less evidentiary value than their paper equivalent; and (c) immediately accessible to the inspector during an inspection to the same extent as a paper copy stored at the site would be, if the records were stored in paper form. For additional guidance on the proper practices to follow for the electronic retention of corrective action log records, refer to the Fact Sheet discussion related to Part 4.7.3.

Members of the stormwater team must be identified in the SWPPP pursuant to Part 7.2.2.

6.2 GENERAL TRAINING REQUIREMENTS FOR STORMWATER TEAM MEMBERS

Prior to the commencement of construction activities, you must ensure that all persons 80 assigned to the stormwater team understand the requirements of this permit and their specific responsibilities with respect to those requirements, including the following related to the scope of their job duties:

You are responsible for ensuring that all activities on the site comply with the requirements of this permit. You are not required to provide or document formal training for subcontractors or other outside service providers (unless the subcontractors or outside service providers are responsible for conducting the inspections required in Part 4, in which case you must provide such documentation consistent with Part 7.2.2), but you must ensure that such personnel understand any requirements of this permit that may be affected by the work they are subcontracted to perform.

6.3 TRAINING REQUIREMENTS FOR PERSONS CONDUCTING INSPECTIONS

For projects that receive coverage under this permit on or after February 17, 2023, to be considered a qualified person under Part 4.1 for conducting inspections under Part 4, you must, at a minimum, either:

80 If the person requiring training is a new employee who starts after you commence construction activities, you must ensure that this person has the proper understanding as required above prior to assuming particular responsibilities related to compliance with this permit. For emergency-related projects, the requirement to train personnel prior to commencement of construction activities does not apply, however, such personnel must have the required training prior to NOI submission.

81 If one of the following topics (e.g., installation and maintenance of pollution prevention practices) is not covered by the non-EPA training program, you may consider supplementing the training with the analogous module of the EPA course (e.g., Module 4) that covers the missing topic.

For projects that receive coverage under this permit prior to February 17, 2023, any personnel conducting site inspections pursuant to Part 4 on your site must, at a minimum, be a person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the appropriate skills and training to assess conditions at the construction site that could impact stormwater quality, and the appropriate skills and training to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of this permit. 82

6.4 STORMWATER TEAM'S ACCESS TO PERMIT DOCUMENTS

Each member of the stormwater team must have easy access to an electronic or paper copy of applicable portions of this permit, the most updated copy of your SWPPP, and other relevant documents or information that must be kept with the SWPPP.

7 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

7.1 GENERAL REQUIREMENTS

All operators associated with a construction site under this permit must develop a SWPPP consistent with the requirements in Part 7 prior to their submittal of the NOI. 83, 84, 85 The SWPPP must be kept up-to-date throughout coverage under this permit.

If a SWPPP was prepared under a previous version of this permit, the operator must review and update the SWPPP to ensure that this permit's requirements are addressed prior to submitting an NOI for coverage under this permit.

82 If you receive coverage for a project prior to February 17, 2023, and construction activities for the same project will continue after February 17, 2023, the personnel conducting inspections do not need to take the additional training specified in Parts 6.3a and 6.3b for inspections conducted on the project site. If the same operator obtains coverage for a different project on or after February 17, 2023, personnel conducting inspections would be required to meet the requirements for a qualified person by completing the training in either Part 6.3a or Part 6.3b.

83 The SWPPP does not establish the effluent limits and/or other permit terms and conditions that apply to your site's discharges; these limits, terms, and conditions are established in this permit.

84 Where there are multiple operators associated with the same site, they may develop a group SWPPP instead of multiple individual SWPPPs. Regardless of whether there is a group SWPPP or multiple individual SWPPPs, each operator is responsible for compliance with the permit's terms and conditions. In other words, if Operator A relies on Operator B to satisfy its permit obligations, Operator A does not have to duplicate those permit-related functions if Operator B is implementing them such that both operators are in compliance with the permit. However, Operator A remains responsible for permit compliance if Operator B fails to take actions necessary for Operator A to comply with the permit. In addition, all operators must ensure, either directly or through coordination with other operators, that their activities do not cause a violation or compromise any other operators' controls and/or any shared controls. See also footnote 61.

85 There are a number of commercially available products to assist operators in developing the SWPPP, as well as companies that can be hired to help develop a site-specific SWPPP. The permit does not state which are recommended, nor does EPA endorse any specific products or vendors. Where operators choose to rely on these products or services, the choice of which ones to use to comply with the requirements of this Part is a decision for the operator alone.

7.2 SWPPP CONTENTS

At a minimum, the SWPPP must include the information specified in this Part and as specified in other parts of this permit.

Include verification that each member of the stormwater team has received the training required by Part 6.2. Include documentation that members of the stormwater team responsible for conducting inspections pursuant to Part 4 have received the training required by Part 6.3. If personnel on your team elect to complete the EPA inspector training program pursuant to Part 6.3a, you must include copies of the certificate showing that the relevant personnel have completed the training and passed the exam. If personnel on your team elect to complete a non-EPA inspector training program pursuant to Part 6.3b, you must include documentation showing that these persons have successfully completed the program and their certification or license is still current. You must also confirm that the non-EPA inspector training program satisfies the minimum elements for such programs in Part 6.3b.

7.2.3 Nature of Construction Activities . Include the following:

86 If plans change due to unforeseen circumstances or for other reasons, the requirement to describe the sequence and estimated dates of construction activities is not meant to 'lock in' the operator to meeting these dates. When departures from initial projections are necessary, this should be documented in the SWPPP itself, or in associated records, as appropriate.

87 Examples of pollutant-generating activities include paving operations; concrete, paint, and stucco washout and waste disposal; solid waste storage and disposal; and dewatering activities.

7.2.6 Description of Stormwater Controls.

88 The requirement to show storm drain inlets in the immediate vicinity of the site on your site map only applies to those inlets that are easily identifiable from your site or from a publicly accessible area immediately adjacent to your site.

89 Design specifications may be found in manufacturer specifications and/or in applicable erosion and sediment control manuals or ordinances. Any departures from such specifications must reflect good engineering practice and must be explained in the SWPPP.

Note: Routine maintenance specifications for perimeter controls documented in the SWPPP must include the Part 2.2.3c.i requirement that sediment be removed before it has accumulated to one-half of the above-ground height of any perimeter control.

treatment chemicals will not lead to a discharge that does not meet water quality standards;

90 See footnote 45.

during a 24-hour period. Contact information must be in locations that are readily accessible and available to all employees.

You may also reference the existence of SPCC plans developed for the construction activity under Section 311 of the CWA, or spill control programs otherwise required by an NPDES permit for the construction activity, provided that you keep a copy of that other plan on site. 91

91 Even if you already have an SPCC or other spill prevention plan in existence, your plans will only be considered adequate if they meet all of the requirements of this Part, either as part of your existing plan or supplemented as part of the SWPPP.

monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA and keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use for monitoring, as well as any manuals or manufacturer instructions on how to operate and calibrate the meter. Describe any coordinating arrangement you may have with any other permitted operators on the same site with respect to compliance with the turbidity monitoring requirements, including which parties are tasked with specific responsibilities. If EPA has approved of an alternate turbidity benchmark pursuant to Part 3.3.2b, include any data and other documentation you relied on to request use of the specific alternative benchmark.

7.2.9 Compliance with Other Requirements.

92 For State UIC program contacts, refer to the following EPA website: https://www.epa.gov/uic.

7.3 ON-SITE AVAILABILITY OF YOUR SWPPP

You must keep a current copy of your SWPPP at the site or at an easily accessible location so that it can be made available at the time of an on-site inspection or upon request by EPA; a State, Tribal, or local agency approving stormwater management plans; the operator of a storm sewer system receiving discharges from the site; or representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS). 93

EPA may provide access to portions of your SWPPP to a member of the public upon request. Confidential Business Information (CBI) will be withheld from the public, but may not be withheld from EPA, USFWS, or NMFS. 94

If an on-site location is unavailable to keep the SWPPP when no personnel are present, notice of the plan's location must be posted near the main entrance of your construction site.

7.4 SWPPP MODIFICATIONS

93 The SWPPP may be prepared, signed, and kept electronically, rather than in paper form, if the records are: (a) in a format that can be read in a similar manner as a paper record; (b) legally dependable with no less evidentiary value than their paper equivalent; and (c) immediately accessible to the inspector during an inspection to the same extent as a paper copy stored at the site would be, if the records were stored in paper form. For additional guidance on the proper practices to follow for the electronic retention of the SWPPP, refer to the Fact Sheet discussion related to Part 4.7.3.

94 Information covered by a claim of confidentiality will be disclosed by EPA only to the extent of, and by means of, the procedures set forth in 40 CFR part 2, Subpart B. In general, submitted information protected by a business confidentiality claim may be disclosed to other employees, officers, or authorized representatives of the United States concerned with implementing the CWA. The authorized representatives, including employees of other executive branch agencies, may review CBI during the course of reviewing draft regulations.

8 HOW TO TERMINATE COVERAGE

Until you terminate coverage under this permit, you must comply with all conditions and effluent limitations in the permit. To terminate permit coverage, you must submit to EPA a complete and accurate Notice of Termination (NOT), which certifies that you have met the requirements for terminating in Part 8.

8.1 MINIMUM INFORMATION REQUIRED IN NOT

8.2 CONDITIONS FOR TERMINATING CGP COVERAGE

You may terminate CGP coverage only if one or more of the conditions in Parts 8.2.1, 8.2.2, or 8.2.3 has occurred. Until your termination is effective consistent with Part 8.5, you must continue to comply with the conditions of this permit.

To document that you have met these stabilization requirements, you must take either ground or aerial photographs that show your site's compliance with the Part 2.2.14 stabilization requirements and submit them with your NOT. If any portion of your

site is covered by one of the exceptions in Part 2.2.14c.iii, indicate which exception applies and include a supplementary explanation with your photographs that provides the necessary context for why this portion of the site is in compliance with the final stabilization criteria even though it appears to be unstabilized. You are not required to take photographs of every distinct part of your site that is being stabilized, however, the conditions of the site portrayed in any photographs that are submitted must be substantially similar 95 to those of the areas that are not photographed. You must also comply with the following related to these photographs:

8.3 HOW TO SUBMIT YOUR NOT

You must use EPA's NPDES eReporting Tool (NeT) to electronically prepare and submit an NOT for the 2022 CGP.

To access NeT, go to https://cdx.epa.gov/cdx.

Waivers from electronic reporting may be granted as specified in Part 1.4.2. If the EPA Regional Office grants you approval to use a paper NOT, and you elect to use it, you must complete the form in Appendix I.

95 Stabilization conditions that are substantially similar would include areas that are using the same type of stabilization measures and that have similar slopes, soils, and topography, and have achieved the same level of stabilization.

8.4 DEADLINE FOR SUBMITTING THE NOT

You must submit an NOT within 30 calendar days after any one of the conditions in Part 8.2 occurs.

8.5 EFFECTIVE DATE OF TERMINATION OF COVERAGE

Your authorization to discharge under this permit terminates at midnight of the calendar day that a complete NOT is submitted to EPA.

9 PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR TERRITORIES

The provisions in this Part provide additions to the applicable conditions of this permit to reflect specific additional conditions required as part of the State or Tribal CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA) certification process, or as otherwise established by the permitting authority. The specific additional revisions and requirements only apply to activities in those specific States, Indian country, and areas in certain States with Federal Facilities or areas subject to construction projects by Federal Operators. States, Indian country, and other areas not included in this Part do not have any additions to the applicable conditions of this permit.

9.1 EPA REGION 1

9.1.1 NHR100000 State of New Hampshire

1700.pdf) . If it is determined that the groundwater to be dewatered is near a remediation or other waste site, you must apply for the Remediation General Permit (see https://www3.epa.gov/region1/npdes/rgp.html)

Unless otherwise specified, site inspection requirements shall comply with Part 4 of the CGP. As a minimum site inspection frequency shall be in accordance with Part 4.2.2 of the CGP (and Part 4.3.2 of the CGP for sites discharging dewatering water). Site inspection frequency may be reduced in accordance with Part 4.4 of the CGP (Reductions in Inspection Frequency). Monitoring of the receiving water for visible turbidity and benthic sediment deposits shall be conducted each site inspection and results reported in the Inspection Report required in Part 4.7 of the CGP. Should visible turbidity or benthic sediment deposits attributable or partly attributable to your construction activities be present in the receiving water, the "Corrective Actions" specified in Part 5 shall be immediately implemented to correct the water quality standard violations. In addition, daily monitoring (including photographs) of the receiving water shall be conducted until there is no visible turbidity or benthic deposits. Inspection Reports required in Part 4.7 of the CGP shall include, but not be limited to, the distance downstream and the percent of the river width 98 where visible turbidity was observed, and the period of time that the visible turbidity persisted. A copy of the Inspection Report(s) shall be made available to NHDES within 24 hours of receiving a written request from NHDES.

96 Construction Discharges include uncontaminated "dewatering" and "stormwater" discharges as those terms are defined in Appendix A of the CGP. Controlled construction discharges are construction discharges where the rate of flow can be regulated such as from a construction settling basin or NHDES approved flocculation system.

97 For the definition of visual turbidity, see the definition for "Non-Turbid" in Appendix A of the CGP, which states the following:" "Non-Turbid" - a discharge that is free from visual turbidity. For the purposes of this permit, visual turbidity refers to a sediment plume or other cloudiness in the water caused by sediment that can be identified by an observer." [EPA interprets the text of this footnote as intending to reference the Appendix A definitions of 'visual turbidity' and 'nonturbid' in the final permit.]

98 The distance downstream and the percent of river width where visible turbidity (i.e., plume) is observed is required to determine the extent of the river affected and to determine if there was a "zone of passage" (i.e., a portion of the receiving water where there was no visible turbidity where mobile organisms could pass without being adversely impacted). The percent of river width affected is equal 100 multiplied by the width of the plume (in feet) divided by the width of the receiving water (in feet).

apply to ensure compliance with the aforementioned regulations for turbidity, benthic deposits and visible substances.

Item 9.1.1.d.i) above shall apply to all construction discharges and the minimum site inspection frequency shall comply with Part 4.3.1 of the CGP (and Part 4.3.2 of the CGP for sites discharging dewatering water). Site inspection frequency may be reduced in accordance with Part 4.4 of the CGP (Reductions in Inspection Frequency).

With regards to controlled construction discharges, if there is no visible turbidity (i.e., plumes) or benthic deposits, and, in the absence of information demonstrating otherwise, turbidity measurements of less than or equal to 50 nephelometric turbidity units (NTU) in the controlled construction discharges at the outlet prior to mixing with the receiving surface waters, shall be presumed to meet New Hampshire surface water quality standards for the parameters listed above. As a minimum, the controlled construction discharges must be sampled at each site inspection.

If any controlled construction discharge exceeds 50 NTU, or if visible turbidity or benthic sediment deposits attributable or partly attributable to any construction discharge are observed in the receiving water, then the "Corrective Actions" specified in Part 5 of the CGP shall be immediately implemented.

In addition, should such violation occur, and, in order to determine compliance with surface water quality standards for turbidity (Env-Wq 1703.11 and Env-Wq 1703.03(c)(1)c), benthic deposits (Env-Wq 1703.03(c)(1)a), and Env-Wq 1703.08) and foam, debris, scum or other visible substances (Env-Wq 1703.03(c)(1)b)), turbidity monitoring shall be immediately implemented as specified below:

Turbidity samples of the receiving water shall be immediately taken in the receiving water upstream and beyond the influence of the construction activity, and, unless a mixing zone 99 is approved by NHDES, no more than 75 feet downstream of each controlled construction discharge that exceeded 50 NTU and no more than 75 feet downstream of each construction discharge that caused visible turbidity.

Downstream samples shall be taken at locations in the receiving water that are most likely influenced by the discharge (e.g., if visible turbidity (i.e., a plume) is present, the sample shall be taken in the plume). Samples shall be collected a minimum of 2 times per day during the daylight hours at times when construction activities are most likely to cause turbidity in the receiving water and shall continue until the turbidity water quality standards are met in the receiving water (i.e., the difference between the upstream and downstream turbidity level is no greater than 10 NTU).

99 Permittees may request a distance greater than 75 feet downstream of a construction discharge for determining compliance with turbidity standards in Class B surface waters, by submitting a mixing zone request to NHDES that complies with Env-Wq 1707.02. If a mixing zone is approved, NHDES is required to include conditions to ensure that the criteria on which the approval is based are met (Env-Wq 1707.03).

If water quality standards are not met during daylight hours on any day, sampling shall resume the next day and continue no fewer than 2 times per day until water quality standards are met. The date, time, location and results of turbidity measurements, as well as a summary identifying the cause of the violations, corrective actions that were implemented, the period of time that the receiving water exceeded turbidity standards and the distance downstream and the percent of the river width where visible turbidity was observed, and the period of time that the visible turbidity persisted, shall be recorded and included in the Inspection Report required in Part 4.7 of the CGP. Turbidity measurements shall be conducted via a field meter in accordance with the requirements for turbidity specified in Table 1B in 40 CFR 136.3 (see 40 CFR §136.3 Identification of test procedures - Code of Federal Regulations ecfr.io). Field meters shall be calibrated every day sampling is conducted and prior to the first sample.

9.1.2 MAR100000 Commonwealth of Massachusetts (except Indian country)

For purposes of this review, the permittee shall submit these documents to MassDEP at the same time they are submitted to EPA. Instructions on how to submit these documents to MassDEP and where to find the MassDEP Stormwater BMP Checklist and obtain authorization to discharge can be found here: https://www.mass.gov/how-to/wm-15-npdes-general-permitnotice-of- intent.

discharges to salt water), Enterococci (for discharges to salt water), total suspended solids, oil and grease, total nitrogen, total phosphorus, and all parameters with numeric criteria listed in the Massachusetts Surface Water Quality Standards at 314 CMR 4.05(e). Results shall be reported to MassDEP as part of the WM15 application. To determine if the dewatering discharge could be covered under the 2022 CGP, the effluent at zero dilution must meet numeric water quality criteria. If the effluent does not meet numeric water quality criteria, the applicant shall contact EPA Region 1 to discuss coverage under the Remediation General Permit.

PFAS Testing Parameters for Discharges to Public Drinking Water Supplies 100 PFAS Testing Parameters for Discharges to Public Drinking Water Supplies 100
Perfluorohexanesulfonic acid (PFHxS), grab Report ng/L
Perfluoroheptanoic acid (PFHpA), grab Report ng/L
Perfluorononanoic acid (PFNA), grab Report ng/L
Perfluorooctanesulfonic acid (PFOS), grab Report ng/L
Perfluorooctanoic acid (PFOA), grab Report ng/L
Perfluorodecanoic acid (PFDA), grab Report ng/L

100 PFAS testing shall follow established EPA methods 537 or 537.1 for drinking water until EPA Method 3512 for nonpotable water becomes available.

proposed dewatering discharge water, the applicant shall test one sample of the proposed dewatering discharge water for the pollutants known or believed to be present. To determine if the dewatering discharge could be covered under the 2022 CGP, the effluent at zero dilution must meet numeric water quality criteria. If the effluent does not meet numeric water quality criteria, the applicant shall contact EPA Region 1 to discuss coverage under the Remediation General Permit.

101 Applicants shall follow EPA Method 180.1 to monitor for turbidity

102 Base Flood Elevation (BFE) is the elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the Flood Insurance Rate Map (FIRM) for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1- A30, AR/AH, AR/AO, V1-V30 and VE. (Source: https://www.fema.gov/node/404233).

Agricultural Land and Non-Agricultural Turf and Lawns. Further, fertilizer shall never be applied to a site when a rain event greater than 0.5 inches is forecast in the next 48 hours.

103 This is the amount of snow that is equivalent to 0.25 inches of rain, based on information from the National Oceanic and Atmospheric Administration (NOAA) indicating that 13 inches of snow is, on average, equivalent to 1 inch of rain. See https://www.nssl.noaa.gov/education/svrwx101/winter/faq/.

104 NOAA's National Weather Service has guidelines on snowfall measurements at https://www.weather.gov/jkl/snow_measurement. These guidelines recommend use of a 'snowboard' (a piece of wood about 16 inches by 16 inches) that is placed in an unobstructed part of the site on a hard surface.

105 Heavy precipitation refers to instances during which the amount of rain or snow experienced in a location substantially exceeds what is normal. What constitutes a period of heavy precipitation varies according to location and season. Heavy precipitation does not necessarily mean the total amount of precipitation at a location has increased- just that precipitation is occurring in more intense or more frequent events.

106 To determine if your facility is susceptible to an increased frequency of major storm events that could impact the discharge of pollutants in stormwater, you may reference FEMA, NOAA, or USGS flood map products at https://www.usgs.gov/faqs/where-can-i-find-flood-maps?qt-news_science_products=0#qtnews_science_products.

9.1.3 MTR10F000 Areas in the State of Vermont located at a federal facility

compliance with this Certification.

9.2 EPA REGION 2

9.2.1 NYR10I000 Indian country within the State of New York

Saint Regis Mohawk Tribe

Mr. Tieman W. Smith

Water Resources Program Manager Saint Regis Mohawk Tribe 449 Frogtown Road

Akwesasne, NY 13655 Tiernan.Smith@srmt-nsn.gov 518.358.2272 ext. 5073

Seneca Nation

Seneca Nation Environmental Protection Department (EPD) Attn: Director of EPD 12837 Route 438 Irving, NY 14081

permitting agencies. As stated in the Decision Document, under Section 303(c) of the CWA, 33 U.S.C. § 1313(c), states develop, review, and revise (as appropriate) water quality standards for surface waters of the United States. At a minimum, such standards are to include designated water uses, water quality criteria to protect such uses, and an antidegradation policy. 40 C.F.R. § 131.6. In addition, under Section 401 of the CWA states may grant, condition, or deny "certification" for federally permitted or licensed activities that may result in a discharge to the waters of the United States 33 U.S.C. § 1341.

9.3 EPA REGION 3

9.3.1 DCR100000 District of Columbia

9.3.2 DER10F000 Areas in the State of Delaware located at a federal facility (as defined in Appendix A)

9.4 EPA REGION 4

No additional conditions

9.5 EPA REGION 5

9.5.1 MIR10I000 Indian country within the State of Minnesota

Fond du Lac Reservation

Fond du Lac Reservation Office of Water Protection 1720 Big Lake Road Cloquet, MN 55720

107 Although additional waters may be designated in the future, currently Perch Lake, Rice Portage Lake, Miller Lake, Deadfish Lake, and Jaskari Lake are designated as ORRWs.

Reservation for any of the uses designated in the Water Quality Standards of the Fond du Lac Reservation. These uses include wildlife, aquatic life, warm water fisheries, cold water fisheries, subsistence fishing (netting), primary contact recreation, secondary contact recreation, cultural, wild rice areas, aesthetic waters, agriculture, navigation, commercial and wetlands. It also includes the designated uses of wetlands including, but not limited to, baseflow discharge, cultural opportunities, flood flow attenuation, groundwater recharge, indigenous floral and fauna) diversity and abundance, nutrient cycling, organic carbon export/cycling, protection of downstream water quality, recreation, resilience against climactic effects, sediment/shoreline stabilization, surface water storage, wild rice, and water dependent wildlife. [In addition to listing the designated uses of waters of the Fond du Lac Reservation, this condition also limits the project proponent to discharges that will not violate our Water Quality Standards. FDL Water Quality Certification Ordinance, Section 204 (a) (7)).

undergo a high pressure washing until the equipment is cleared by the inspector, until such time, minimal travel will be allowed through the Reservation. The contractor shall be held responsible for the control of any invasive species introduced as a result of their project. [This condition requires the project proponent to prevent the inadvertent introduction of invasive species by taking an active role in cleaning all vehicles, equipment, and equipment mats before entering the Reservation. This condition has been placed in certifications since 2012, due to the introduction of Wild Parsnip in 2011 from a pipeline contractor. It is much easier to prevent the introduction of an invasive species than it is to eradicate it once it has been introduced. Many invasive plant species form monocultures, preventing native plants from growing. This situation often leads to cases of erosion, which in turn effects water quality. FOL Water Quality Certification Ordinance, Section 204 (g) (1)].

The Grand Portage Band of Lake Superior Chippewa

Grand Portage Environmental Resources Board P.O. Box 428 Grand Portage, MN 55605

Copies of the Notice of Intent and Notice of Termination required under the General Permit must be submitted to the Board at the address above at the same time they are submitted to the EPA.

Leech Lake Band of Ojibwe

Leech Lake Band of Ojibwe Division of Resource Management 190 Sailstar Drive NW Cass Lake, Minnesota 56633

WRP may insist, consistent with Part 3.1 of the CGP, that additional controls are installed to meet applicable water quality standards, or recommend to EPA that the operator obtain coverage under an individual permit.

9.5.2 WIR10I000 Indian country within the State of Wisconsin

Bad River Band of Lake Superior Tribe of Chippewa Indians

https://www.arcgis.com/apps/View/index.html?appid=6f44c371217e4ee8b5f1c2 c705c 7c7c5

https://www.arcgis.com/apps/View/index.html?appid=6f44c371217e4ee8b5f1c2 c705c 7c7c5. The antidegradation demonstration materials described in provision E.4.iii., and included on the antidegradation demonstration template found at: https://www.badriver-nsn.gov/natural-resources/projectreviews/, must be submitted to the following address:

Bad River Tribe's Natural Resources Department Attn: Water Regulatory Specialist P.O. Box 39 Odanah, WI 54861 WaterReg@badriver-nsn.gov](mailto:Brandon.reynon@puyalluptribe-nsn-gov)

https://www.arcgis.com/apps/View/index.html?appid=6f44c371217e4ee8b5f1c2 c705c 7c7c5. The antidegradation demonstration materials described in provision

E.4.ii., and included on the antidegradation demonstration template found at: https://www.badriver-nsn.gov/natural-resources/projectreviews/, must be submitted to the following address:

Bad River Tribe's Natural Resources Department Attn: Water Regulatory Specialist P.O. Box 39 Odanah, WI 54861 WaterReg@badriver-nsn.gov

Bad River Tribe's Natural Resources Department

Attn: Water Regulatory Specialist P.O. Box 39 Odanah, WI 54861 WaterReg@badriver-nsn.gov

Bad River Tribe's Natural Resources Department Attn: Tribal Historic Preservation Officer (THPO) P.O. Box 39 Odanah, WI 54861

THPO@badriver-nsn.gov

The operator must also submit a copy of the Notice of Termination (NOT) to the above addresses at the same time it is submitted to the U.S. EPA. Photographs showing the current site conditions must be included as part of the NOT to document the stabilization requirements have been met.

properties. For more information regarding the specifics of the cultural resources process, see 36 CFR Part 800. A best practice for an operator is to consult with the THPO during the planning stages of an undertaking.

Bad River Tribe's Natural Resources Department

Attn: Water Regulatory Specialist P.O. Box 39 Odanah, WI 54861

WaterReg@badriver-nsn.gov

Bad River Tribe's Natural Resources Department P.O. Box 39 Odanah, WI 54861 WaterReg@badriver-nsn.gov

Bad River Tribe's Natural Resources Department Attn: Water Regulatory Specialist

P.O. Box 39 Odanah, WI 54861

WaterReg@badriver-nsn.gov

9.6 EPA REGION 6

9.6.1 NMR100000 State of New Mexico, except Indian country

the emergency action and providing NMED with a summary of the action taken within 30 days of initiation of the emergency action.

New Mexico Environment Department Surface Water Quality Bureau P.O. Box 5469

Santa Fe, NM 87502 -5469 Telephone: 505 -827 -0187

https://www.env.nm.gov/surface -water -quality/wqs/ https://gis.web.env.nm.gov/oem/?map=swqb

Check if the following sources are located within the noted distance from the anticipated construction dewatering activity. At a minimum, a list of the following potential sources of contaminants and pollutants at the noted distance is to be kept in the SWPPP.

Source of Potential Contamination or Pollutants* Constituents likely to be required for testing*
Within 0.5 mile of an open Leaking Underground Storage Tank (LUST) site BTEX (Benzene, Toluene, Ethylbenzene, and Xylene) plus additional parameters depending on site conditions**
Within 0.5 mile of an open Voluntary Remediation site All applicable parameters or pollutants listed in 20.6.4.13, 20.6.4.52, 20.6.4.54, 20.6.4.97 thru 20.6.4.99, 20.6.4.101 through 20.6.4.899, and 20.6.4.900 NMAC (or an alternate list approved by the NMED - SWQB)*
Within 0.5 mile of an open RCRA Corrective Action Site All applicable parameters or pollutants listed in 20.6.4.13, 20.6.4.52, 20.6.4.54, 20.6.4.97 thru 20.6.4.99, 20.6.4.101 through 20.6.4.899, and 20.6.4.900 NMAC (or an alternate list approved by the NMED - SWQB)*
Within 0.5 mile of an open Abatement Site All applicable parameters or pollutants listed in 20.6.4.13, 20.6.4.52, 20.6.4.54, 20.6.4.97 thru 20.6.4.99, 20.6.4.101 through 20.6.4.899, and 20.6.4.900 NMAC (or an alternate list approved by the NMED - SWQB)*
Within 0.5 mile of an open Brownfield Site All applicable parameters or pollutants listed in 20.6.4.13, 20.6.4.52, 20.6.4.54, 20.6.4.97 thru 20.6.4.99, 20.6.4.101 through 20.6.4.899, and 20.6.4.900 NMAC (or an alternate list approved by the NMED - SWQB)*
activity contaminants natural water pollutants All applicable parameters or pollutants listed in 20.6.4.13, 20.6.4.52, 20.6.4.54, 20.6.4.97 thru 20.6.4.99, 20.6.4.101 through 20.6.4.899, and 20.6.4.900 NMAC (or an alternate list approved by the NMED - SWQB)*
Construction and/or Additional parameters depending on site activities and conditions (Contact NMED - SWQB for an alternate list)*

*For further assistance determining whether dewatering may encounter contaminated sources, please contact the NMED Ground Water Quality Bureau at 505 -827 -2965 or NMED Surface Water Quality Bureau (SWQB) at 505 -827 -0187.

** EPA approved sufficiently sensitive methods must be used. For known PCB sources and analysis, EPA Method 1668C must be used (see https://www.epa.gov/cwa -methods).

  1. If dewatering activities are anticipated, information on the flow rate and potential to encounter contaminated groundwater, subsurface water, spring water, or dewatering water must be provided directly to NMED at the following address:

NMED Surface Water Quality Bureau

Program Manager, Point Source Regulation Section PO Box 5469, Santa Fe, NM 87502

Please call the SWQB to obtain the appropriate email address (505 -827 -0187).

  1. In addition, the Operator/Permittee must characterize the quality of the groundwater and subsurface water, spring water, or dewatering water being considered for discharge according to the table above and including dissolved hardness and pH. Considering the contaminant sources listed in the table above, water quality data may already be available. For further assistance, contact the

NMED Surface Water Quality Bureau (505 -827 -0187), Ground Water Quality Bureau (505 -827 -2965), Petroleum Storage Tank Bureau (505 -476 -4397), or Hazardous Waste Bureau (505 -476 -6000).

erosion and sediment control systems based on these models (or equivalent soil loss prediction tools). Qualifications of the preparer (e.g., professional certifications, description of appropriate training) must be documented in the SWPPP. The Operator(s) must design, implement, and maintain BMPs in the manner specified in the SWPPP.

NMED supports the use of EPA's small residential lot template if a site qualifies to use it as explained in the permit, as long as it is consistent with the above requirements. NMED's requirement does not preclude small residential sites from using the template, but it may require an additional short paragraph to justify the selection of specific BMPs for the site.

9.6.2 NMR10I000 Indian country within the State of New Mexico, except Navajo Reservation Lands that are covered under Arizona permit AZR10000I and Ute Mountain Reservation Lands that are covered under Colorado permit COR10000I.

Nambe Pueblo

Office of the Governor Nambe Pueblo

!SA NPI02 WEST Nambe Pueblo, New Mexico 87506

Ohkay Owingeh Tribe

provided to the following address:

Naomi L. Archuleta - Environmental Programs Manager Ohkay Owingeh Office of Environmental Affairs P.O. Box 717 Ohkay Owingeh, NM 87566

naomi.archuleta@ohkay.org

Noah Kaniatobe - Environmental Specialist Ohkay Owingeh, Office of Environmental Affairs P.O. Box 717 Ohkay Owingeh, NM 87566

noah.kaniatohe@ohkay.org

Please contact: Ohkay Owingeh Tribal Police Department 505.852.2757

Pueblo of Isleta

Water Quality Control Officer Pueblo of Isleta Environment Department PO Box 1270 Isleta NM 87022 505-869-7565

WQCO@isletapueblo.com

environment become endangered in addition to the notification requirements at Part 2.3.6 and at I.12.6.1 of the CGP.

Pueblo of Laguna

Electronic Addresses:

Amy Rosebrough (Water Quality Manager): rosebrough@sanidapueblo.nsn.us Greg Kaufman (Environment Director):gkaufman@sandiapueblo.nsn.us

provided within three business days after EPA provides electronic confirmation that the submission has been received. The NOI and NOT must be provided to the following address:

Regular U.S. Delivery Mail: Pueblo of Santa Ana Department of Natural Resources Water Resources Division Attn: Andrew Sweetman 02 Dove Rd Santa Ana Pueblo, NM 87004

Electronically:

Andrew Sweetman Water Resources Division Manager Andrew.Sweetman@santaana-nsn.gov Tammy Montoya Hydrologist

Tammy.Montoya@santaana-nsn.gov

Pueblo of Taos

Honorable Governor of Taos Pueblo PO Box 1846 Taos, New Mexico 87571

Taos Pueblo Environmental Office PO Box 1846 Taos, New Mexico 87571

a corrective action to the Taos Pueblo Environmental Office at address listed above.

Pueblo of Tesuque.

Governor Mark Mitchell Pueblo of Tesuque 20 TP 828

Santa Fe, NM 87506 governor@pueblooftesuque.org

Sage Mountain.flower Pueblo of Tesuque

Department of Environment and Natural Resources Director 20 TP 828

Santa Clara Indian Pueblo.

Dino Chavarria, Santa Clara Pueblo Office of Environmental Affairs dinoc@santaclarapueblo.org

Pawnee Nation Department of Environmental Conservation and Safety P.O. Box 470

Pawnee, OK 74058

Or email to dnrs@pawneenation.org

9.7 EPA REGION 7

No additional conditions.

9.8 EPA REGION 8

9.8.1 MTR10I000 Indian country within the State of Montana

Blackfeet Nation.

storage and reuse of all streambank topsoil and wetland topsoil, as appropriate; and recovery of all disturbed wetland and streambank areas where possible. All conditions set by the Blackfeet Tribe and US Army Corps must be followed.

Erosion control matting that is either biodegradable blankets or looseweave mesh must be used to the maximum extent practicable.

Revegetation may include topsoil replacement, planting, seeding, fertilization, liming, and weed-free mulching, as necessary. Where practical, stockpile weed- seed-free topsoil and replace it on disturbed areas. All revegetation materials, including plants and plant seed shall be on site or scheduled for delivery prior to or upon completion of the earth moving activities.

62 Hospital Drive, Browning, MT 59417

beo.director@gmail.com

Fort Peck Tribes.

Martina Wilson, Office of Environmental Protection Director 501 Medicine Bear Rd Poplar, MT 59255 martinawilson@fortpecktribes.net

SWPPP should be submitted to the Fort Peck Tribes Office of Environmental Protection.

9.9 EPA REGION 9

9.9.1 CAR10I000 Indian country within the State of California

Morongo Band of Mission Indians

Morongo Band of Mission Indians Environmental Protection Department 12700 Pumarra Road Banning, CA 92220 Email: epd@morongo nsn.gov

-

9.9.2 GUR100000 Island of Guam

Subcontractors generally are not considered operators for the purposes of this permit.

108 By incorporating this condition into the permit, EPA acknowledges receipt of Guam's certification conditions.

development forces make stormwater discharges a very significant environmental and economic issue. (2006 CNMJ/Guam Stormwater Management Manual) E.O. 2012-02

(2) This Order does not authorize EPA to approve a Sediment TMDL Waiver for the Ugum River. Operators of construction activities eligible for a TMDL Waiver in lieu of coverage under the proposed 2022 CGP, shall submit a complete and accurate waiver certification as described in C.2., Appendix C - (Small Construction Waivers) to Guam EPA per condition A4., prior to notifying EPA of its intention to obtain a waiver. §51060)(4) 2017 GWQS

109 By incorporating this condition into the permit, EPA acknowledges receipt of Guam's certification conditions.

9.10 EPA REGION 10

9.10.1 IDR10I000 Indian country within the State of Idaho, except Duck Valley Reservation lands (see Region 9)

Shoshone-Bannock Tribes

The Notice of Intent shall be forwarded to the SBT-WRD within thirty (30) days of receipt of submitting NOI to the USEPA.

Shoshone-Bannock Tribes Water Resources Department PO Box 306 Pima Drive Fort Hall, ID 83203 Phone: (208) 239-4582 Fax: (208) 239-4592

Or Email ctanaka@sbtribes.com

9.10.2 ORR10I000 Indian country within the State of Oregon, except Fort McDermitt Reservation lands (see Region 9)

Confederated Tribes of Coos, Lower Umpqua, and Siuslaw

Confederated Tribes of the Umatilla Indian Reservation

Standards.

Confederated Tribes of the Umatilla Indian Reservation Water Resources Program 46411 Timíne Way Pendleton, OR 97801 (541) 429-7200

9.10.3 WAR10F000 Areas in the State of Washington, except those located on Indian country, subject to construction activity by a Federal Operator

121.10(b), the permit must clearly identify all certification conditions.

The Stormwater Management Manuals for Eastern and Western Washington can be found at: https://ecology.wa.gov/Regulations-Permits/Guidancetechnical-assistance/Stormwater-permittee-guidance-resources/Stormwatermanuals.

prevention decisions made for the project. Documentation must include:

Parameter identified in 303(d) listing Parameter Sampled Unit Analytical Method Numeric Effluent Limit
• Turbidity • Fine Sediment • Phosphorus Turbidity NTU SM2130 25 NTUs at the point where the stormwater is discharged from the site.
High pH pH su pH meter In the range of 6.5 - 8.5

All references and requirements associated with Section 303(d) of the Clean Water Act mean the most current EPA-approved listing of impaired waters that exists on the

effective date of the permit, or the date when the operator's complete permit application is received by EPA, whichever is later.

The EPA approved WQ Assessment can be found at: https://ecology.wa.gov/WaterShorelines/Water-quality/Water-improvement/Assessment-of-state-waters-303d

Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or phosphorus which has been completed and approved by EPA as of the effective date of the permit, or prior to the date of the operator's complete application for permit coverage is received by EPA, whichever is later.

To appeal you must do all of the following within 30 days of the date of receipt of this Order:

You must also comply with other applicable requirements in chapter 43.21B RCW and chapter 371-08 WAC.

ADDRESS AND LOCATION INFORMATION

Street Addresses Mailing Addresses
Department of Ecology Attn: Appeals Processing Desk 300 Desmond Drive SE Lacey,WA 98503 Pollution Control Hearings Board 1111 Israel RD SW STE 301 Tumwater,WA 98501 Department of Ecology Attn: Appeals Processing Desk PO Box 47608 Olympia,WA 98504-7608 Pollution Control Hearings Board PO Box 40903 Olympia,WA 98504-0903

CONTACT INFORMATION

Please direct all questions about this Order to:

Noel Tamboer Department of Ecology P.O. Box 47600 Olympia, WA 98503-7600

(360) 701-6171 noel.tamboer@ecy.wa.gov

9.10.4 WAR10I000 Indian country within the State of Washington

Lummi Nation

Lummi Natural Resources Department ATTN: Water Resources Manager 2665 Kwina Road

Bellingham, WA 98226-9298

Port Gamble S'Klallam Tribe

waters or change in designated uses.

Spokane Tribe of Indians

The correspondence address for the Spokane Tribe Water Control Board is:

Water Control Board c/o Brian Crossley PO Box480

Wellpinit WA 99040 (509)626-4409 crossley@spokanetribe.com

Swinomish Tribe

Tulalip Tribes

Makah Tribe

Makah Water Quality Makah Fisheries Management (MFM) ray.colby@makah.com PO Box 115 Neah bay, WA 98357

Puyallup Tribe of Indians

settlers, weir tanks, and filtration systems (e.g., bag or sand filters) that are designed to remove sediment.

To the extent feasible, utilize vegetated, upland areas of the site to infiltrate dewatering water before discharge. At all points where dewatering water is discharged, utilize velocity dissipation controls. Examples of velocity dissipation devices include check dams, sediment traps, riprap, and grouted riprap at outlets.

The permittee shall provide and maintain natural buffers to the maximum extent possible (and/or equivalent erosion and sediment controls) when tribal waters are located within 100 feet of the boundaries. If infeasible to provide and maintain an undisturbed 100 foot natural buffer, erosion and sediment controls to achieve the sediment load reduction equivalent to a 100-foot undisturbed natural buffer shall be required.

10 ADDITIONAL PERMIT CONDITIONS APPLICABLE TO LANDS OF EXCLUSIVE FEDERAL JURISDICTION

All projects that discharge to receiving waters located within Lands of Exclusive Federal Jurisdiction must comply with the provisions in this Part in addition to Parts 1, 2, and 3.2 thru 8 of this permit. 110 111 112

10.1 INSPECTION FREQUENCIES

You must comply with the increased inspection frequencies specified in Part 4.3.1.

10.2 STABILIZATION DEADLINES

You must comply with the stabilization deadlines specified in Part 2.2.14b.iv.

10.3 TURBIDITY BENCHMARK MONITORING FOR DEWATERING DISCHARGES

You must comply with the benchmark monitoring requirements in Part 3.3 for sites discharging dewatering water.

10.4 ADDITIONAL WATER QUALITY-BASED LIMITATIONS FOR STORMWATER AND AUTHORIZED NON-STORMWATER DISCHARGES

Your discharge must not contain:

110 The requirements of Part 9 do not apply to projects within Lands of Exclusive Federal Jurisdiction.

111 This section does not apply to projects within Denali National Park and Preserve or projects that are eligible for coverage in Appendix B for federal facilities in Vermont, Delaware, and Colorado and for areas in Washington where construction activities are carried out by a Federal Operator.

112 EPA notes that reference to water quality standards in Part 7.2.6(b)(vi)(c) for projects that discharge to receiving waters in Lands of Exclusive Federal Jurisdiction means the requirements of Part 10.4.a-c.

If any of these conditions are observed, except with respect to dewatering discharges, you must treat this as triggering corrective action under Part 5, which requires that you take corrective action and document the corrective actions as required in Part 5.2. 113

For sites discharging from dewatering operations, you must implement corrective actions if any of the conditions described in Part 5.1.5 occur and comply with the requirements of Part 5.2.2 for responding to these conditions.

113 Consistent with this requirement, with respect to projects discharging to receiving waters in Lands of Exclusive Federal Jurisdiction, the triggering condition in Part 5.1.3 relating to water quality standards means that one of the discharge conditions in this section (Part 10.4.a-c) has occurred.