On January 18, 2022, the US EPA signed its 2022 Construction General Permit (CGP) for stormwater discharges from construction activities. This new permit became effective February 17, 2022. It also replaces the 2017 CGP.
The nationwide effect of this permit is limited. The EPA does not have NPDES permitting authority in all states and territories. However, it is effective in the following locations:
- Massachusetts, New Hampshire, New Mexico, and the District of Columbia
- American Samoa, Guam, Johnston Atoll, Midway and Wake Islands, Northern Mariana Islands, and Puerto Rico
- Tribal lands within Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Idaho, Iowa, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, Washington, Wisconsin, and Wyoming
- Federal facilities within Colorado, Delaware, and Vermont, and areas within Washington subject to construction by a federal operator
- Denali National Park and Preserve
- Oil and gas activities in Oklahoma
There are several significant changes from the 2017 CGP. These include:
- Differentiation between routine maintenance and corrective action
- Clarification on flexibilities for arid and semi-arid areas
- Requirements for inspections during snowmelt conditions
- Availability of key documents in electronic form
- Endangered Species Act (ESA) eligibility determinations
- Perimeter control requirements
- Documenting signs of sedimentation
- Notice of Intent (NOI) Updates
- Mandatory Training Requirements
The mandatory training requirements go into effect on February 17, 2023. After this time, persons conducting inspections will have to have taken and passed the EPA Construction Inspection Course. Alternatively, if an inspector already has construction inspection certification or license, it may suffice to supply the certification or license program that covered the material outlined in the new permit. Some of this material is new and is unlikely to have been covered for a course that pre-dates the 2022 CGP. The EPA does allow you to supplement your training with their online training class. The good news is the EPA class is free.
There are a lot of updates to documentation that is needed, and mandatory timeframes that must be met. There are also several new provisions for sensitive waters and contaminated sites. The EPA training class covers all of this in about 6 hours. This is offered in five modules. The test at the end is 40 questions.
The EPA training is free, but you will need to keep track of your studies. The system does not bookmark your progress so if you are in the middle of a module and must stop, you cannot pick up from where you left off. However, you do have an unlimited number of test tries to get an 80% passing grade.
To learn more about the EPA training click the button below.