EPA Solicits Comment On New Storm Water Permit For Construction Activity

EPA is proposing a new storm water permit for construction activities.  This general permit would apply to storm water runoff from earth-disturbing activities  in states that do not have authority to write NPDES permits.  West Virginia is a delegated state and does have that authority.  It issues its own NPDES permit for storm water discharges from construction, generally for a 5 year term.  While the West Virginia DEP does not have to follow the federal permit, it generally will do so when it reissues after the current permit expires in December of 2012. 

Here's EPA's notice of the new permit, and the opportunity to comment:

1) EPA Solicits Public Comment on Permit to Reduce Stormwater Discharges from Construction Sites The U.S. Environmental Protection Agency (EPA) is releasing for public comment a draft permit that will help improve our nation’s waterways by regulating the discharge of stormwater from construction sites. Stormwater discharges during construction activities can contain sediment and pollutants that harm aquatic ecosystems, increase drinking water treatment costs and pollute waters that people use for fishing, swimming and other recreational activities.

The proposed Construction General Permit (CGP) includes a number of enhanced protections, including enhanced provisions to protect impaired and sensitive waters. Some of the significant proposed permit modifications include new requirements for:

•         Eligibility for emergency-related construction

•         Required use of the electronic notice of intent process

•         Sediment and erosion controls

•         Natural buffers or alternative controls

•         Soil stabilization

•         Pollution prevention

•         Site inspections

•         Stormwater Pollution Prevention Plans

•         Permit termination

Many of the new permit requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industry that became effective on February 1, 2010. These requirements include a suite of erosion and sediment controls and pollution prevention measures that apply to all permitted construction sites.

The permit will be effective in areas where EPA is the permitting authority, including four states (Idaho, Massachusetts, New Hampshire and New Mexico); Washington, D.C.; most territories; and most Indian country lands.

The public will have 60 days to comment on the draft permit. EPA anticipates that it will issue the final construction general permit by January 31, 2012.

The current permit is scheduled to expire on June 30, 2011; however, EPA is proposing to extend the current permit until January 31, 2012 to provide sufficient time to finalize the new permit.

More information on the proposed construction general permit: http://cfpub.epa.gov/npdes/stormwater/cgp.cfm