On May 12, 2021 the Environmental Protection Agency (EPA) published a notice of proposed 2022 Construction General Permit (CGP) under the National Pollution Discharge Elimination System Permit Program of the Clean Water Act (CWA). This letter constitutes the Office of Advocacy’s (Advocacy) public comments on the proposed 2022 CGP.
Advocacy believes that EPA must fully comply with the Regulatory Flexibility Act when promulgating the CGP. It must evaluate the economic impacts of the proposed revisions to the CGP on small entities, and it should reconsider the elements of the proposed 2022 CGP that impose an unreasonable burden without a clear scientific justification.