Modification to 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges From Construction Activities (Final)
Apr. 15, 2025
EPA is finalizing, largely as proposed, a narrow modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include construction projects in all Lands of Exclusive Federal Jurisdiction. This modification is necessary because the EPA is the permitting authority in Lands of Exclusive Federal Jurisdiction, and when the CGP was issued on February 17, 2022, the permit did not specifically provide eligibility for these areas as a class. The modification also clarifies the CGP requirements that apply to projects that discharge to receiving waters within Lands of Exclusive Federal Jurisdiction in response to the Supreme Court's recent decision in City and County of San Francisco v. EPA. The permit modification and accompanying permit fact sheet can be found at https://www.epa.gov/npdes/2022-construction-general-permit-cgp. Final modification became effective on 8 April 2025, except for EPA Regions 1 and 3. Regions 1 and 3 require additional time to complete procedures under Clean Water Act section 401(a)(2). POC is Greg Schaner, EPA Headquarters, Office of Water, Office of Wastewater Management at (202) 564-0721 or by email at schaner.greg@epa.gov. (Federal Register 15 April 2025 [Rule] Pages 15653-15658)