USEPA Issues New Construction General Permit

The USEPA issued their new 2022 Construction General Permit (CGP) for stormwater discharges from construction activities on February 17, 2022. Active construction projects which received coverage under the 2017 CGP prior to February 16, 2022 have until May 18, 2022 to apply for coverage under the new CGP. Coverage under the new permit requires submittal of a new Notice of Intent (NOI) through the USEPA's Central Date Exchange website (https://cdx.epa.gov/) and preparation of an updated Stormwater Pollution Prevention Plan (SWPPP) that complies with new CGP requirements. Major changes to the 2022 CGP include

• Turbidity monitoring, with quarterly reports submitted to the USEPA, must be conducted for projects where dewatering water is discharged to sensitive (Tier 2, Tier 2.5, or Tier 3) receiving waters. Each dewatering discharge must be tested daily. Corrective actions are required if the weekly average turbidity result for an individual discharge exceeds the Benchmark Limit of 50 NTU. All weekly results must be reported to USEPA via the NeT-CGP reporting system on a quarterly basis.
• Personnel conducting stormwater inspections must complete the USEPA construction inspection course developed for the 2022 CGP (or attain an equivalent certification or license) by February 17, 2023.
• Sediment controls along the perimeter of construction sites must be installed upgradient of natural buffers to wetland and waterways, along the contour of slopes in a crescent shape, and in areas that will receive stormwater before discharging off-site.
• Major storm events (hurricanes, storm surges, extreme/heavy precipitation, flood events, etc.) must be considered when designing stormwater controls. Considerations include reinforced erosion control structures, temporary relocation of material outside flood zones, and relocation of mobile vehicles and equipment to higher ground.
• The 2022 CGP set forth new requirements for the storage of chemicals in containers 55-gallons or more, and containers less than 55-gallons at active construction sites. The CGP now specifies that containers be water-tight, have a spill kit on-site, use spill containment pallets, and clean up spills using only dry methods.
• To complete the Notice of Termination (NOT) indicating that the project has been completed, dated photographs of the project, before and after construction, must be submitted to demonstrate that stabilization requirements have been met.

SAK’s certified SWPP Plan preparers and inspectors have been assisting construction and industrial clients in storm water compliance since 2003. Contact Stephen Sakakeeny at 978-688-7804 x112 if you need help complying with the new Permit.