Modification to 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges From Construction Activities

The Environmental Protection Agency (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.