In September 2022, the California State Water Resources Control Board adopted the 2022 Construction General Permit (CGP). This new permit is an update to the existing 2009 CGP. The following article will discuss the CGP re-issuance timeline and will discuss some of the major updates to the CGP.
CGP Re-issuance Timeline
September 28, 2022 – The State Water Resources Control Board adopts the 2022 National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities, also known as the Construction General Permit (CGP). This Order (WQ 2022-0057-DWQ) supersedes Order 2009-00009-DWQ.
September 17, 2022 – Statewide programmatic permitting effective date for projects that are implementing the State of California’s initiative to deploy broadband internet to rural communities. This only applies to a few dischargers and allows those discharges to engage in programmatic permitting under the 2009 CGP issuance.
September 1, 2023 – The 2022 CGP Re-issuance becomes effective. All new projects will be permitted under the newly adopted CGP. Existing projects will continue to be permitted under the requirements outlined in the 2009 CGP. In this way, there will be two permits in effect until the regulatory transition period ends.
September 1, 2025 – The end of the regulatory transition period. All projects regulated under the 2009 CGP that have an active Waste Discharger Identification (WDID) number will be required to enroll for coverage under the 2022 CGP.
2009 vs. 2022 CGP – Major Changes
The following section of this article will discuss some of the major changes from the 2009 CGP.
TMDL Implementation Requirements
The 2022 CGP includes the addition and revision of total maximum daily load (TMDL) implementation requirements. A TMDL is required for every impaired water listed on the 303(d) list. Sampling for a pollutant associated with a TMDL is triggered when that pollutant is discharged due to a lack of stormwater best management practices (BMPs), a spill or leak, or a BMP malfunction. Refer to Appendix H of the 2022 CGP to learn more about the new TMDL implementation requirements.
Addition of Passive Treatment Technology Requirements
Passive treatment is defined as the application of natural or synthetic chemicals/products for the purpose of reducing turbidity in discharges through coagulation and flocculation. The 2022 CGP includes a revised list of authorized polyacrylamide treatment chemicals and a revised list of qualifications for those who are implementing these passive treatments. Refer to Appendix G of the 2022 CGP to learn more about the passive treatment technology requirements.
Updated Implementation of Statewide and Regional Water Quality Plans
This includes the implementation of the Ocean Plan and the Inland Surface Waters, Enclosed Bays, and Estuaries of California Plan.
Addition of Notice of Non-Applicability Criteria
This is new for the CGP, but it has been a part of the Industrial General Permit (IGP) for a while.
Revised Notice of Termination (NOT)
The revised NOT process will be more streamlined for dischargers and Regional Water Resources Control Board staff reviewing them.
Proposed Dewatering Requirements
The 2022 CGP includes additional requirements for discharges from dewatering activities where the existing permit did not exist to regulate these activities. However, dischargers who are subject to another State or Regional Water Board NPDES permit are not subject to the dewatering requirements in the 2022 CGP. Dewatering discharges must stop if dewatering discharges exceed pH or turbidity numeric action levels. Refer to Appendix J of the 2022 CGP to learn more about the requirements associated with dewatering.
Implementation of Federal Sufficiently Sensitive Test Methods Rule
This has also been a part of the IGP for a while.
Programmatic Permitting for Linear Projects
On a regional basis, several non-contiguous projects of similar scope and activity are regulated under a single permit. This is because they submit applications for each project under a single WDID.
Revised Monitoring and Reporting Requirements
The 2022 CGP includes proposed inspections and monitoring requirements for precipitation forecast amounts, not accumulations. This is referred to as the Qualifying Precipitation Event (QPE), which is a forecast of 50% or greater probability of precipitation and a precipitation forecast of 0.5 inches or more within a 24-hour period. In this way, the 2022 CGP eliminates the requirement for preparing rain event action plans (REAPs) prior to predicted storm events. In addition, the stormwater sampling requirements and determination of Numeric Action Level (NAL) exceedances were also updated.