What: On December 13, 2024, the U.S. Environmental Protection Agency (EPA) published a proposed rule in the Federal Register proposing to expand coverage under the stormwater construction general permit (CGP) to projects located on federal lands. The permit covers businesses in heavy and civil engineering and construction.
The CGP provides permit coverage in areas where the EPA is the permitting authority, which include three states (Massachusetts, New Hampshire, New Mexico); the District of Columbia; federal facilities in four states (Washington, Colorado, Delaware, and Vermont); all U.S. territories except the U.S. Virgin Islands; all Indian country, except in Maine; and Denali National Park.
Why: In the notice, the EPA is proposing the following changes to the CGP:
- Expanding CGP eligibility to all “Lands of Exclusive Federal Jurisdiction,” which are defined as “all land where the federal government has exclusive federal jurisdiction in relative respects.” This mainly includes national parks.
- A new definition of Lands of Exclusive Federal Jurisdiction.
- Clarification of requirements for projects discharging to receiving waters within Lands of Exclusive Federal Jurisdiction.
- Clarification of eligibility requirements related to endangered species.
Action: Comments on the proposed changes to the stormwater CGP are due January 13, 2025.
Read the Federal Register notice and submit comments.
Read additional information on the proposed CGP modification and supporting documents.
Advocacy contact: Send an email to Nick Goldstein at nick.goldstein@sba.gov.