The Environmental Protection Agency intends to ease restrictions proposed in the National Pollutant Discharge Elimination System (NPDES) permit to control storm water discharges from construction sites that disturb one to five acres of land. Initially, language in the general permit indicated that operators of construction sites would have to implement best management practices “adequate and sufficient” to meet water quality standards. By contrast, language used in the final version of the permit is less vague, directing operators to implement best management practices that “minimize pollutants in the discharge.” Best management practices will be designed to ensure that discharges do not exceed state water quality standards. For more information on the NPDES permitting program, go to www.epa.gov/npdes/.

In the Federal Register, EPA published the new national “Construction General Permit,” which regulates all construction activity on sites one acre or larger in states, territories, and on tribal lands where EPA is the permitting authority. The new permit implements Phase II of the NPDES Stormwater Regulations containing new requirements for construction sites between one and five acres. Construction sites that are five acres or larger were regulated previously under Phase I of the program and earlier construction general permits. Under the new permit, construction site operators will need to develop and implement stormwater-pollution-prevention plans and file a Notice of Intent at least seven days before beginning any activity that disturbs the land. Construction activities (including other land disturbing activities) that impact sites of one acre or more are regulated under the NPDES storm water program of the Clean Water Act.

In March 2003, new rules went into effect that required operators of regulated construction sites to develop and implement storm water pollution prevention plans and to obtain permit coverage from an authorized state or EPA. For more information, visit www.epa.gov/npdes/stormwater/cgp