Environmental Protection Agency (EPA)

EPA logo

Stormwater discharges from construction activities (such as clearing, grading, excavating, and stockpiling) that disturb one or more acres, or smaller sites that are part of a larger common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) stormwater program. Prior to discharging stormwater, construction operators must obtain coverage under an NPDES permit, which is administered by either the state (if it has been authorized to operate the NPDES stormwater program) or EPA, depending on where the construction site is located. Where EPA is the permitting authority, construction stormwater discharges  are almost all permitted under the Construction General Permit (CGP). The CGP requires compliance with effluent limits and other permit requirements, such as the development of a SWPPP. Construction operators intending to seek coverage under EPA’s CGP must submit a Notice of Intent (NOI) certifying that they have met the permit’s eligibility conditions and that they will comply with the permit’s effluent limits and other requirements. To submit the NOI, the operator should use the “eNOI” system (or “electronic NOI system”).