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EPA Re-Issues Construction Site Stormwater Permit

The EPA announced Wednesday that it is re-issuing the agency’s stormwater Construction General Permit, which expired July 1, 2008, for a two-year time period. The permit will apply only where the agency is the permitting authority, which is in five states (Massachusetts, New Hampshire, New Mexico, Idaho and Alaska); Washington, D.C.; most territories; and most Indian country lands.

Under the re-issued permit, new dischargers include new construction sites that start construction on or after the effective date of this permit and those that have already started construction, but do not have coverage under the 2003 permit. Sites that have coverage under the 2003 permit must continue to comply with the provisions of that permit and do not need to apply for coverage under this new permit.  

The permit uses most of the same terms and conditions as the EPA's 2003 permit. The agency said it is coordinating the permit with a second effort that is underway to establish national clean water standards, known as an effluent limitation guideline, for the construction and development industry. Upon finalization of the guideline, the agency said it plans to include its provisions into a new and improved five-year permit to be reissued no later than July 2010.

The permit regulates the discharge of stormwater from construction sites that disturb one acre or more of land, and from smaller sites that are part of a larger, common plan of development. The permit requires operators of the construction sites to use stormwater controls and develop stormwater pollution prevention plans to minimize the discharge of sediment and other pollutants associated with construction sites in stormwater runoff.

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