[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6534-6540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01231]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2015-0828; FRL-9958-68-OW]


Final National Pollutant Discharge Elimination System (NPDES) 
General Permit for Stormwater Discharges From Construction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final permit issuance.

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SUMMARY: All ten EPA Regions today are issuing the 2017 National 
Pollutant Discharge Elimination System (NPDES) general permit for 
stormwater discharges from construction activities to waters of the 
United States, also referred to as the ``2017 Construction General 
Permit (CGP).'' The 2017 CGP replaces the existing general permit (the 
``2012 CGP'') covering stormwater discharges from construction 
activities that expires on February 16, 2017. EPA is issuing this 
permit for five (5) years, during which time the permit will make 
available coverage to eligible operators in all areas of the country 
where EPA is the NPDES permitting authority. This Federal Register 
notice describes the 2017 CGP in general and provides a summary of the 
significant changes from the 2012 CGP.

DATES: The 2017 CGP will become effective on February 16, 2017. This 
effective date will provide dischargers with the immediate opportunity 
to comply with Clean Water Act requirements in light of the expiration 
of the 2012 CGP at midnight on February 16, 2017. In accordance with 40 
CFR part 23, specifically 23.2, this permit shall be considered issued 
for the purpose of judicial review on January 25, 2017. Under section 
509(b) of the Clean Water Act, judicial review of this general permit 
can be requested by filing a petition for review in the United States 
Court of Appeals within 120 days after the permit is considered issued. 
Under section 509(b)(2) of the Clean Water Act, this permit may not be 
challenged later in civil or criminal proceedings to enforce this 
permit. In addition, this permit may not be challenged in any other 
agency proceedings. Deadlines for submittal of notices of intent are 
provided in Part 1.4.3 of the permit. The permit also provides 
additional dates for compliance with the terms of the permit.

FOR FURTHER INFORMATION CONTACT: For further information on the permit, 
contact the appropriate EPA Regional office listed in Section I.C of 
this notice, or Emily Halter, EPA Headquarters, Office of Water, Office 
of Wastewater Management at tel.: 202-564-3324 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This section is organized as follows:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of these documents and other related 
information?
    C. Who are the EPA regional contacts for this permit?
II. Background of Permit
III. Summary of the Final 2017 CGP
    A. Technology-Based Effluent Limits
    B. Water Quality-Based Effluent Limits (WQBELs)
    C. Summary of Significant Permit Changes from the 2012 CGP
IV. Implementation Assistance
V. Analysis of Economic Impacts
VI. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
VII. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations
VIII. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments

I. General Information

A. Does this action apply to me?

1. Entities Covered by This Permit
    This permit covers the following entities, as categorized in the 
North American Industry Classification System (NAICS):

                                    Table 1--Entities Covered by This Permit
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                                                                                               North American
                                                                                                  Industry
               Category                           Examples of affected entities            Classification System
                                                                                                (NAICS) code
----------------------------------------------------------------------------------------------------------------
Industry..............................  Construction site operators disturbing one (1) or more acres of land, or
                                          less than one (1) acre but part of a larger common plan of development
                                          or sale if the larger common plan will ultimately disturb one (1) acre
                                                    or more, and performing the following activities:
                                       -------------------------------------------------------------------------
                                        Construction of Buildings........................                   236
                                        Heavy and Civil Engineering Construction.........                   237
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[[Page 6535]]

    EPA does not intend the preceding table to be exhaustive, but 
provides it as a guide for readers regarding the types of activities 
that EPA is now aware of that could potentially be affected by this 
action. Other types of entities not listed in the table could also be 
affected. To determine whether your site is covered by this action, you 
should carefully examine the definition of ``construction activity'' 
and ``small construction activity'' in existing EPA regulations at 40 
CFR 122.26(b)(14)(x) and 122.26(b)(15), respectively. If you have 
questions regarding the applicability of this action to a particular 
entity, consult one of the persons listed for technical information in 
the preceding FOR FURTHER INFORMATION CONTACT section.
2. Construction Projects for Which Operators Are Eligible for Permit 
Coverage
    Coverage under this permit is available to operators of eligible 
projects located in those areas where EPA is the permitting authority. 
A list of eligible areas is included in Appendix B of the permit. 
Eligibility for permit coverage is limited to operators of ``new 
sites,'' operators of ``existing sites,'' ``new operators of permitted 
sites,'' and operators of ``emergency-related projects.'' A ``new 
site'' is a site where construction activities commenced on or after 
February 16, 2017. An ``existing site'' is a site where construction 
activities commenced prior to February 16, 2017. A ``new operator of a 
permitted site'' is an operator that through transfer of ownership and/
or operation replaces the operator of an already permitted construction 
site that is either a ``new site'' or an ``existing site.'' An 
``emergency-related project'' is a project initiated in response to a 
public emergency (e.g., mud slides, earthquake, extreme flooding 
conditions, disruption in essential public services), for which the 
related work requires immediate authorization to avoid imminent 
endangerment to human health or the environment, or to reestablish 
public services.
3. Geographic Coverage
    This permit makes coverage available to eligible operators for 
stormwater discharges from construction activities that occur in areas 
not covered by an approved state NPDES program. The areas of geographic 
coverage of this permit are listed in Appendix B, and include the 
states of New Hampshire, Massachusetts, New Mexico, and Idaho as well 
as most Indian country lands, and areas in selected states operated by 
a federal operator. Permit coverage is also available to eligible 
operators in Puerto Rico, the District of Columbia, and the Pacific 
Island territories, among others.

B. How can I get copies of these documents and other related 
information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. EPA-HQ-OW-2015-0828. The official public 
docket is the collection of materials that is available for public 
viewing at the Water Docket in the EPA Docket Center, (EPA/DC) WJC West 
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. 
Although all documents in the docket are listed in an index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Publicly available docket materials are available in hard 
copy at the EPA Docket Center Public Reading Room, open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744 and the 
telephone number for the Water Docket is (202) 566-2426.
    2. Electronic Access. You may access this Federal Register notice 
electronically through the United States government on-line source for 
Federal regulations at http://www.regulations.gov.
    Electronic versions of this permit and fact sheet are available on 
EPA's NPDES Web site at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.
    An electronic version of the public docket is available through the 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.regulations.gov to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. For additional information about EPA's public docket, 
visit the EPA Docket Center homepage at https://www.epa.gov/dockets. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the Docket Facility identified in Section I.B.1.

C. Who are the EPA regional contacts for this permit?

    For EPA Region 1, contact Suzanne Warner at tel.: (617) 918-1383 or 
email at [email protected].
    For EPA Region 2, contact Stephen Venezia at tel.: (212) 637-3856 
or email at [email protected], or for Puerto Rico, contact Sergio 
Bosques at tel.: (787) 977-5838 or email at [email protected].
    For EPA Region 3, contact Carissa Moncavage at tel.: (215) 814-5798 
or email at [email protected].
    For EPA Region 4, contact Michael Mitchell at tel.: (404) 562-9303 
or email at [email protected].
    For EPA Region 5, contact Brian Bell at tel.: (312) 886-0981 or 
email at [email protected].
    For EPA Region 6, contact Suzanna Perea at tel.: (214) 665-7217 or 
email at: [email protected].
    For EPA Region 7, contact Mark Matthews at tel.: (913) 551-7635 or 
email at: [email protected].
    For EPA Region 8, contact Amy Clark at tel.: (303) 312-7014 or 
email at: [email protected].
    For EPA Region 9, contact Eugene Bromley at tel.: (415) 972-3510 or 
email at [email protected].
    For EPA Region 10, contact Margaret McCauley at tel.: (206) 553-
1772 or email at [email protected].

II. Background of Permit

    The Clean Water Act (``CWA'') establishes a comprehensive program 
``to restore and maintain the chemical, physical, and biological 
integrity of the Nation's waters.'' 33 U.S.C. 1251(a). The CWA also 
includes the objective of attaining ``water quality which provides for 
the protection and propagation of fish, shellfish and wildlife and * * 
* recreation in and on the water.'' 33 U.S.C. 1251(a)(2)). To achieve 
these goals, the CWA requires EPA to control discharges of pollutants 
from point sources through the issuance of NPDES permits.
    The Water Quality Act of 1987 (WQA) added section 402(p) to the 
CWA, which directed EPA to develop a phased approach to regulate 
stormwater discharges under the NPDES program. 33 U.S.C. 1342(p). EPA 
published a final regulation in the Federal Register, often called the 
``Phase I Rule,'' on November 16, 1990, establishing permit application 
requirements for, among other things, ``storm water discharges 
associated with industrial activity.'' See 55 FR 47990. EPA defines the 
term ``storm water discharge associated with industrial activity'' in a 
comprehensive manner to cover a wide variety of facilities. See id. 
Construction activities, including activities that are part of a larger 
common plan of development or sale, that ultimately disturb at least 
five acres of land and have point source discharges to waters of the 
U.S. were included in the definition of ``industrial activity'' 
pursuant to 40 CFR 122.26(b)(14)(x). The second rule

[[Page 6536]]

implementing section 402(p), often called the ``Phase II Rule,'' was 
published in the Federal Register on December 8, 1999. It requires 
NPDES permits for discharges from construction sites disturbing at 
least one acre but less than five acres, including sites that are part 
of a larger common plan of development or sale that will ultimately 
disturb at least one acre but less than five acres, pursuant to 40 CFR 
122.26(b)(15)(i). See 64 FR 68722. EPA is issuing this permit under the 
statutory and regulatory authority cited above.
    NPDES permits for construction stormwater discharges are required 
under Section 402(a)(1) of the CWA to include conditions to meet 
technology-based effluent limits established under Section 301 and, 
where applicable, Section 306. Effluent Limitations Guidelines (ELGs) 
and New Source Performance Standards (NSPS) are technology-based 
effluent limitations that are based on the degree of control that can 
be achieved using various levels of pollutant control technology as 
defined in Subchapter III of the CWA.
    Once a new national standard is established in accordance with 
these sections, NPDES permits must incorporate limits based on such 
technology-based standards. See CWA sections 301 and 306, 33 U.S.C. 
1311 and 1316, and 40 CFR 122.44(a)(1). On December 1, 2009, EPA 
published final regulations establishing technology-based ELGs and 
NSPSs for the Construction & Development (C&D) point source category, 
which became effective on February 1, 2010. See 40 CFR part 450, and 74 
FR 62996 (December 1, 2009). The Construction & Development Rule, or 
``C&D rule,'' was amended on March 6, 2014 to satisfy EPA's agreements 
pursuant to a settlement of litigation that challenged the 2009 rule. 
See 79 FR 12661. All NPDES construction stormwater NPDES permits issued 
by EPA or states after this date must incorporate the requirements in 
the C&D rule.

III. Summary of the Final 2017 CGP

    The final 2017 CGP is substantially similar to the 2012 CGP. It 
includes effluent limitations (i.e., requirements for erosion and 
sediment and pollutant prevention controls) and requirements for self-
inspections, corrective actions, staff training, development of a 
stormwater pollution prevention plan (SWPPP), and permit conditions 
applicable to construction sites in specific states, Indian country 
lands, and territories. Additionally, the appendices provide forms for 
the submittal of a Notice of Intent (NOI), Notice of Termination (NOT), 
Low Erosivity Waiver (LEW), as well as step-by-step procedures for 
determining eligibility with respect to the protection of threatened 
and endangered species and historic properties, and for complying with 
the permit's natural buffer requirements.

A. Technology-Based Effluent Limits

    As stated above, all NPDES construction permits issued by EPA or 
states after March 6, 2014 must incorporate the requirements in the C&D 
rule, as amended. The non-numeric effluent limitations in the C&D rule 
are designed to prevent the mobilization and discharge of sediment and 
sediment-bound pollutants, such as metals and nutrients, and to prevent 
or minimize exposure of stormwater to construction materials, debris, 
and other sources of pollutants on construction sites. In addition, 
these non-numeric effluent limitations reduce the generation of 
dissolved pollutants. Soil on construction sites can contain a variety 
of pollutants such as nutrients, pesticides, herbicides, and metals. 
These pollutants may be present naturally in the soil, such as arsenic 
or selenium, or they may have been contributed by previous activities 
on the site, such as agriculture or industrial activities. These 
pollutants, once mobilized by stormwater, can detach from the soil 
particles and become dissolved pollutants. Once dissolved, these 
pollutants would not be removed by down-slope sediment controls. Source 
control through minimization of soil erosion is therefore the most 
effective way of controlling the discharge of these pollutants.
    The non-numeric effluent limits in the C&D rule, upon which the 
technology-based requirements in the permit are based, include the 
following:
     Erosion and Sediment Controls--Permittees are required to 
design, install and maintain effective erosion controls and sediment 
controls to minimize the discharge of pollutants. At a minimum, such 
controls must be designed, installed and maintained to:
    1. Control stormwater volume and velocity to minimize soil erosion 
in order to minimize pollutant discharges;
    2. Control stormwater discharges, including both peak flowrates and 
total stormwater volume, to minimize channel and streambank erosion and 
scour in the immediate vicinity of discharge points;
    3. Minimize the amount of soil exposed during construction 
activity;
    4. Minimize the disturbance of steep slopes;
    5. Minimize sediment discharges from the site. The design, 
installation and maintenance of erosion and sediment controls must 
address factors such as the amount, frequency, intensity and duration 
of precipitation, the nature of resulting stormwater discharge, and 
soil characteristics, including the range of soil particle sizes 
expected to be present on the site;
    6. Provide and maintain natural buffers around waters of the United 
States, direct stormwater to vegetated areas and maximize stormwater 
infiltration to reduce pollutant discharges, unless infeasible;
    7. Minimize soil compaction. Minimizing soil compaction is not 
required where the intended function of a specific area of the site 
dictates that it be compacted; and
    8. Unless infeasible, preserve topsoil. Preserving topsoil is not 
required where the intended function of a specific area of the site 
dictates that the topsoil be disturbed or removed.
     Soil Stabilization Requirements--Permittees are required 
to, at a minimum, initiate soil stabilization measures immediately 
whenever any clearing, grading, excavating or other earth disturbing 
activities have permanently ceased on any portion of the site, or 
temporarily ceased on any portion of the site and will not resume for a 
period exceeding 14 calendar days. In arid, semiarid, and drought-
stricken areas where initiating vegetative stabilization measures 
immediately is infeasible, alternative stabilization measures must be 
employed as specified by the permitting authority. Stabilization must 
be completed within a period of time determined by the permitting 
authority. In limited circumstances, stabilization may not be required 
if the intended function of a specific area of the site necessitates 
that it remain disturbed.
     Dewatering Requirements--Permittees are required to 
minimize the discharge of pollutants from dewatering trenches and 
excavations. Discharges are prohibited unless managed by appropriate 
controls.
     Pollution Prevention Measures--Permittees are required to 
design, install, implement, and maintain effective pollution prevention 
measures to minimize the discharge of pollutants. At a minimum, such 
measures must be designed, installed, implemented and maintained to:
    1. Minimize the discharge of pollutants from equipment and vehicle 
washing, wheel wash water, and other wash waters. Wash waters must be 
treated in a sediment basin or alternative control that provides

[[Page 6537]]

equivalent or better treatment prior to discharge;
    2. Minimize the exposure of building materials, building products, 
construction wastes, trash, landscape materials, fertilizers, 
pesticides, herbicides, detergents, sanitary waste and other materials 
present on the site to precipitation and to stormwater. Minimization of 
exposure is not required in cases where the exposure to precipitation 
and to stormwater will not result in a discharge of pollutants, or 
where exposure of a specific material or product poses little risk of 
stormwater contamination (such as final products and materials intended 
for outdoor use); and
    3. Minimize the discharge of pollutants from spills and leaks and 
implement chemical spill and leak prevention and response procedures.
     Prohibited Discharges--The following discharges from C&D 
sites are prohibited:
    1. Wastewater from washout of concrete, unless managed by an 
appropriate control;
    2. Wastewater from washout and cleanout of stucco, paint, form 
release oils, curing compounds and other construction materials;
    3. Fuels, oils, or other pollutants used in vehicle and equipment 
operation and maintenance; and
    4. Soaps or solvents used in vehicle and equipment washing.
     Surface Outlets--When discharging from basins and 
impoundments, permittees are required to utilize outlet structures that 
withdraw water from the surface, unless infeasible.
    The fact sheet details how EPA has incorporated these requirements 
into the final 2017 CGP. The discussion in the fact sheet includes a 
summary of each provision and the agency's rationale for articulating 
the provision in this way.

B. Water Quality-Based Effluent Limits (WQBELs)

    EPA's regulations at 40 CFR 122.44(d)(1) require permitting 
authorities to include additional or more stringent permit requirements 
when necessary to achieve water quality standards. The 2012 CGP 
contained several provisions to protect water quality and the 2017 CGP 
includes those same provisions. The permit includes a narrative WQBEL 
requiring that discharges be controlled as necessary to meet applicable 
water quality standards. Failure to control discharges in a manner that 
meets applicable water quality standards is a violation of the permit.
    In addition to the narrative WQBEL, the permit contains related 
provisions that act together to further protect water quality. Many of 
these provisions were also included in the 2012 CGP. For example, the 
permit requires operators to implement stormwater control measures and 
to take corrective action in response to any exceedance of applicable 
water quality standards. To provide further protection, the permit also 
requires more stringent site inspection frequencies and stabilization 
deadlines for constructions sites that discharge to sensitive waters, 
such as those waters that are impaired for sediment or nutrients, which 
are parameters typically associated with stormwater discharges from 
construction sites, or waters identified by a state, tribe, or EPA as 
requiring enhanced protection under antidegradation requirements. 
Additionally, EPA received CWA Section 401 certifications for the 2017 
CGP. Some of these certifications include additional water quality-
based conditions that are required by states, Indian country lands, and 
territories, that become legally binding permit limits and conditions 
in specific geographic areas where the permit is available.
    A new water quality protection established in the 2017 CGP is a 
modified approach to site stabilization deadlines based on the concept 
of phasing construction disturbances, where sites that disturb more 
than five (5) acres total over the course of a construction project are 
required to stabilize within a more stringent timeframe if they do not 
limit disturbances to five (5) acres or less at any one time. This 
modified approach is summarized below and is discussed in more detail 
in the fact sheet.

C. Summary of Significant Permit Changes From the 2012 CGP

    The 2017 CGP includes several new or modified requirements, which 
are summarized below and discussed in more detail in the fact sheet. 
The final 2017 CGP and the fact sheet can be found at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.
    1. Streamlining of the permit--EPA streamlined and simplified 
language throughout the 2017 CGP to present requirements in a generally 
more clear and readable manner. This structure should enhance the 
operators' understanding of and compliance with the permit's 
requirements. For example, EPA moved language that was not necessary in 
the permit into the relevant appendix or to the fact sheet. Although 
the permit has been streamlined from prior permits, most of the 
requirements remain unchanged.
    2. Revisions consistent with the C&D ELG, as amended--EPA made 
minor revisions to the technology-based effluent limits in the permit 
to incorporate the March 6, 2014 amendments to the Construction and 
Development Effluent Guidelines and Standards (the ``C&D rule'') at 40 
CFR part 450 (see section III.A. of this notice on Technology-Based 
Effluent Limits). The 2012 CGP already incorporated the original C&D 
rule requirements and the 2017 CGP includes the necessary revisions to 
the language based on the rule amendments but does not add any new 
requirements. These revisions include clarifying the applicability of 
requirements to control erosion caused by discharges, providing 
additional details on areas where buffers are required, and clarifying 
requirements for soil stabilization, preservation of topsoil and 
pollution prevention measures.
    3. Authorized non-stormwater discharges--Non-stormwater discharges 
of external building washdown waters containing hazardous substances, 
such as paint or caulk containing polychlorinated biphenyl (PCBs) are 
not authorized in the 2017 CGP. Non-stormwater discharges are required 
to comply with any applicable effluent limitation requirements in Parts 
2 and 3 of the permit. Part 1.2.2.
    4. Notice of permit coverage--Consistent with the 2012 CGP, 
operators must post a sign or other notice of permit coverage at a 
safe, publicly accessible location in close proximity to the 
construction site. In the 2017 CGP, this notice must also include 
information informing the public on how to contact EPA to obtain a copy 
of the SWPPP and how to contact EPA if stormwater pollution is observed 
in the discharge. EPA is requiring these additions to make the 
longstanding process of obtaining a SWPPP more readily known to the 
public and to improve transparency of the process to report possible 
violations. Part 1.5.
    5. Stockpiles and land clearing debris piles--EPA changed the 
requirement for temporary stabilization for stockpiles or land clearing 
debris piles from ``where practicable'' to requiring cover or 
appropriate temporary stabilization for all inactive piles that will be 
unused for 14 or more days, consistent with the temporary stabilization 
deadlines in Part 2.2.14 of the 2017 CGP. EPA made this change to 
ensure pollutants are minimized from these piles, but is clarifying 
that the requirement only

[[Page 6538]]

applies where these piles are not actively being used. Part 2.2.5.
    6. Stabilization deadlines--The 2017 CGP establishes a modified 
approach to the stabilization deadlines, which is based on the concept 
of phasing construction disturbances. Sites that disturb five (5) acres 
or less must complete stabilization within a 14-calendar day timeframe, 
which is the same timeframe that applied to sites in the 2012 CGP. For 
sites that disturb more than five (5) acres over the course of a 
construction project, operators can choose between completing 
stabilization within a 14-calendar day timeframe if they limit 
disturbances to five (5) acres or less at any one time, or within a 7-
calendar day timeframe if they do not limit disturbances to five (5) 
acres or less at any one time. The intent of this approach is to 
provide an incentive to disturb less land at any given period of time 
by providing longer stabilization timeframes if the disturbance is kept 
below a threshold level. The deadline for sites discharging to 
sensitive waters remains unchanged (within 7 calendar days), and the 
exceptions for sites in arid, semi-arid, and drought-stricken areas and 
for operators affected by circumstances beyond their control also 
remain unchanged. Part 2.2.14.
    7. Construction and domestic waste--The 2017 CGP requires operators 
to keep waste container lids closed when not in use and at the end of 
the business day for those containers that are actively used throughout 
the day, or, for waste containers that do not have lids, to provide 
cover or a similarly effective means to minimize the discharge of 
pollutants. EPA made this change to minimize the exposure of these 
waste materials to precipitation and stormwater, and to make the 
requirements for construction and domestic waste consistent with the 
cover requirements for most other types of materials and wastes in the 
CGP. Part 2.3.3.
    8. Discharge limitations for sites discharging to sensitive 
waters--In order to ensure that discharges meet water quality 
standards, EPA added a requirement in the 2017 CGP to implement 
controls on sites discharging to polychlorinated biphenyl-(PCB) 
impaired waters to minimize the exposure of building materials 
containing PCBs to precipitation and stormwater. This provision applies 
to the demolition of structures with at least 10,000 square feet of 
floor space built or renovated before January 1, 1980. EPA also added a 
requirement to document information about the demolition location and 
associated pollutants in the SWPPP. Part 3.2.
    9. Notice of Intent (NOI)--In the 2017 CGP, EPA added three 
questions to the NOI form (Appendix J). These questions are:
     The type of construction site (select one or more of 9 
options);
     A yes/no question asking if there is demolition of a 
structure with at least 10,000 square feet of floor space that was 
built or renovated before January 1, 1980; and
     A yes/no question asking whether the predevelopment land 
use was used for agriculture.

IV. Implementation Assistance

    Following issuance of the 2017 CGP, EPA plans to provide further 
assistance to construction operators, state permitting authorities, and 
other interested parties on various aspects of this new permit. The 
following activities or documents are planned:
     National Webcast--EPA will host a webcast in February of 
2017 that will provide an overview of the 2017 CGP and an opportunity 
for participants to ask questions. EPA anticipates offering more 
webcasts covering the same material or more specific aspects of the 
permit. The agency will announce details of all webcasts on the CGP Web 
site at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.
     Small Residential Lot SWPPP Template--EPA will also be 
providing an updated template that small residential lot builders can 
use to develop a streamlined SWPPP that is consistent with the minimum 
requirements of the permit.
     Inspection and Corrective Action Report Templates--EPA 
will also be providing updated template forms that construction site 
operators can use to document inspections completed pursuant to the 
permit's requirements in Part 4 and in preparing corrective action 
reports pursuant to the permit's requirements in Part 5.
    EPA will consider additional outreach to support the 2017 CGP based 
on the level of interest and demand.

V. Analysis of Economic Impacts

    EPA expects the economic impact on entities that will likely seek 
coverage under this permit, including small businesses, to be minimal. 
A copy of EPA's economic analysis, titled ``Cost Impact Analysis for 
the 2017 Construction General Permit (CGP),'' is available in the 
docket for this permit. The economic impact analysis indicates that 
while there may be some incremental increase in the costs of complying 
with the 2017 CGP over the 2012 CGP, these costs will not have a 
significant economic impact on a substantial number of small entities.
    This analysis evaluates the cost implications of the key changes to 
the permit. Each change is examined in light of the 2012 CGP's 
requirements, where applicable. The objective of this examination is to 
show where or to what extent the 2017 CGP includes requirements that 
impose an incremental increase in costs on operators above and beyond 
costs that are already accounted for in the 2012 CGP, which 
incorporated the C&D rule and defines the baseline of costs to which 
operators are currently subject.
    The C&D rule baseline costs estimate the cost of compliance for all 
construction activities required to obtain NPDES permit coverage to 
implement the stormwater controls required by the Effluent Limitations 
Guideline. While the C&D rule applies to permitted construction 
activities under the NPDES program nationwide, the 2017 CGP provides 
coverage to a sub-set of those activities in areas not covered by an 
approved state NPDES program, which accounts for approximately 5-6 
percent of the construction stormwater permitted universe under the 
NPDES program.
    Calculating the total cost of EPA's construction stormwater program 
under the 2017 CGP is challenging for several reasons. NPDES general 
permits, such as the CGP, are issued to no one operator in particular, 
with multiple operators obtaining coverage under the general permit 
after it is issued. Therefore, the 2017 CGP has an inherently unknown 
permitted universe at the time of permit issuance. EPA can estimate 
that approximately 25,000 operators will seek coverage under the 2017 
CGP during its five-year life span, based on data from previous CGPs.
    However, the total cost calculation is dependent on many other 
factors and assumptions that are difficult to estimate or extrapolate 
for the entire CGP permitted universe. Although many operators under 
the CGP share similar operations and discharge properties, the 
variables that would need to be accounted for in estimating the total 
cost of compliance vary widely across individual construction sites, 
for example, total area and duration that land is disturbed, slope, 
climate and precipitation patterns, soil type, topography, and previous 
land use. In addition, factors such as labor and material costs vary 
across the country. Given that EPA does not know and does not collect 
data on all of the specific operator characteristics necessary to make 
an accurate estimate, EPA is not able to estimate the total cost of

[[Page 6539]]

compliance with EPA's CGP at this time. EPA's practice instead is to 
calculate the incremental change in burden with each permit reissuance 
and, where applicable, provide estimates of some known costs that can 
be used to calculate the estimated total cost of a specific permit 
change.
    Part 3.2 has a new requirement in the 2017 CGP for operators 
discharging to waters impaired for PCBs. Buildings and structures 
originating or remodeled between the years of 1950-1979 often contain 
PCBs in materials such as caulk and paint. Without proper controls, the 
demolition of such structures can cause PCBs to be released into the 
environment and discharged into waters of the U.S. during storm events. 
To address this concern, EPA has added a new provision that requires 
controls to be implemented to minimize exposure of PCB-containing 
building materials to precipitation and stormwater, and to ensure that 
such materials are disposed in compliance with applicable state, 
federal, and local laws. The requirement is limited to the demolition 
of buildings or structures with at least 10,000 square feet of floor 
space built or renovated before January 1, 1980 on sites that discharge 
to waters with known impairments for PCBs.
    Over 4,500 water bodies are currently listed in the PCB-polluted 
category, making this the sixth-highest water pollution cause 
nationwide. This includes 81,610 miles of rivers and streams, 3,204,534 
acres of lakes and ponds, and 400,094 square miles of bays and 
estuaries that are impaired for PCBs. EPA does not currently have data 
on the number of construction projects subject to EPA's CGP that 
involve demolition of a structure with at least 10,000 square feet of 
floor space built or renovated before January 1, 1980 on sites that 
discharge to waters impaired for PCBs. Therefore, at this time, EPA 
does not have an estimate for the number of operators that will be 
affected by this new requirement. However, EPA added a new question on 
the NOI form asking about the prevalence of demolition of a structure 
with at least 10,000 square feet of floor space that was built or 
renovated before January 1, 1980. When reissuing this permit, EPA will 
review the data submitted on the NOI forms as well as information on 
the implementation of this requirement, as necessary, to determine 
whether to revise the applicability of the requirement or associated 
cost impact analysis.

VI. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action.'' Accordingly, EPA 
submitted this action to the Office of Management and Budget (OMB) for 
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011) and any changes made in response to OMB recommendations have been 
documented in the docket for this action.

VII. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that the 2017 CGP will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because the requirements 
in the permit apply equally to all construction projects that disturb 
one or more acres in areas where EPA is the permitting authority, and 
the erosion and sediment control provisions increase the level of 
environmental protection for all affected populations.

VIII. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    In compliance with Executive Order 13175, EPA consulted with tribal 
officials to gain an understanding of and, where necessary, address the 
tribal implications of the permit. In the course of this consultation, 
EPA conducted the following activities:
     August 5, 2015--EPA mailed notification letters to all 
Tribal leaders, initiating consultation and coordination on the draft 
2017 CGP. The consultation period was from August 17, 2015 to October 
13, 2015.
     August 11, 2015--EPA presented a brief overview of the 
2012 CGP and information regarding the upcoming consultation to the 
National Tribal Caucus.
     August 12, 2015--EPA presented a brief overview of the 
2012 CGP and information regarding the upcoming consultation to the 
National Tribal Water Council.
     September 22, 2015--EPA held a consultation teleconference 
call; 18 Tribes were represented. EPA responded to the general 
questions raised on the call.
     On October 14, 2015, EPA received one set of comments from 
a Tribe in the State of Washington. EPA evaluated and considered the 
comments during the finalization of the 2017 CGP; EPA responded to the 
formal comments submitted in writing during the comment period in the 
Agency's final action.
     EPA will provide email notification to Tribes of today's 
final 2017 CGP.
    EPA also notes that as part of the finalization of 2017 CGP, it 
completed the Section 401 certification procedures with all applicable 
tribes where the 2017 CGP applies (see Appendix B).

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 11, 2017.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
    Dated: January 11, 2017.
Javier Laureano,
Director, Clean Water Division, EPA Region 2.
    Dated: January 11, 2017.
Jose C. Font,
Acting Director, Caribbean Environmental Protection Division, EPA 
Region 2.
    Dated: January 11, 2017.
Dominique Lueckenhoff,
Acting Director, Water Protection Division, EPA Region 3.
    Dated: January 11, 2017.
C[eacute]sar A. Zapata,
Deputy Director, Water Protection Division, EPA Region 4.
    Dated: January 11, 2017.
Christopher Korleski,
Director, Water Division, EPA Region 5.
    Dated: January 11, 2017.
William K. Honker,
Director, Water Division, EPA Region 6.
    Dated: January 11, 2017.
Karen Flournoy,
Director, Water, Wetlands, and Pesticides Division, EPA Region 7.
    Dated: January 11, 2017.
Darcy O'Connor,
Assistant Regional Administrator, Office of Water Protection, EPA 
Region 8.



[[Page 6540]]


    Dated: January 11, 2017.
Kristin Gullatt,
Deputy Director, Water Division, EPA Region 9.
    Dated: January 11, 2017.
Daniel D. Opalski,
Director, Office of Water and Watersheds, EPA Region 10.
[FR Doc. 2017-01231 Filed 1-18-17; 8:45 am]
 BILLING CODE 6560-50-P