Proposed Construction Stormwater Permit Aims to Provide Greater Clarity, Flexibility

The Environmental Protection Agency (EPA) has proposed a new Construction General Permit (CGP) that would replace the current federal permit when it expires in February 2027.

The proposal follows President Trump’s Executive Order 14394, Removing Regulatory Barriers to Affordable Home Construction, which directs EPA to review water-related requirements and identify opportunities to reduce unnecessary housing costs.

What the CGP Covers

The CGP authorizes stormwater discharges from construction activities under the Clean Water Act. Coverage is generally required when clearing, grading, excavating or other construction activity will disturb at least one acre. Smaller sites also require coverage when they are part of a larger common plan of development or sale that will ultimately disturb at least one acre.

Covered operators must develop a stormwater pollution prevention plan and implement erosion and sediment controls, inspections, stabilization practices and other measures to minimize pollutant discharges.

EPA administers the CGP in a limited number of jurisdictions, including Massachusetts, New Hampshire, New Mexico, the District of Columbia, Puerto Rico, most Indian Country lands, certain territories and federal areas. Most states issue their own construction stormwater permits, but the federal CGP often serves as a model for state-issued permits.

Notable Changes in the Proposal

EPA has proposed several changes that could provide greater clarity and flexibility:

• Specifies observable discharge conditions. In response to the Supreme Court’s decision in City and County of San Francisco v. EPA, the proposal would remove broad language requiring discharges to be controlled as necessary to meet water quality standards. It would instead use more specific conditions tied to observable characteristics of a discharge.
  
  
• Simplifies stabilization requirements in dry climates. The proposal would make an existing stabilization exception available throughout the year in arid, semi-arid and drought-stricken areas, rather than only during seasonally dry periods or periods of drought.
  
  
• Adds flexibility for unexpected winter conditions. Operators could delay stabilization when unforeseeable frozen ground or snow accumulation causes construction to stop for at least 14 days and prevents access to exposed areas.

EPA is also seeking comment on whether to allow weekly rather than daily turbidity monitoring for certain longer-term dewatering operations when initial sampling results remain below the applicable benchmark. This potential flexibility is not yet included as a proposed permit condition.

NAHB’s Initial Review and Recommendations

NAHB is reviewing the full proposal and engaging members to identify additional issues and recommendations during the comment period.

Based on initial review, NAHB expects to consider whether further dewatering changes are appropriate. The proposal retains daily monitoring for certain discharges and the requirement to use a sediment control designed to “prevent” discharges with visible turbidity. NAHB has previously supported a best management practice-based approach and recommended using “minimize” rather than “prevent.”

The proposal also retains different stabilization deadlines based on the amount of land disturbed at one time. Sites disturbing more than five acres generally have seven days to complete stabilization, while sites disturbing five acres or less have 14 days. It also retains the current routine-maintenance framework, including next-business-day completion in most circumstances and additional procedures for repeated repairs. NAHB has previously raised concerns about both provisions and will consider whether to recommend further refinements for the final permit.

Next Steps: Upcoming Webinar and Comment Period

EPA will hold a webinar on the proposal on Tuesday, Aug. 18, from 2–3:30 p.m. ET. Registration is available through EPA’s proposed CGP webpage.

Comments are due Sept. 2. NAHB has requested a 15-day extension to provide additional time to review the proposal and prepare comments.

NAHB will evaluate the proposed permit and submit comments supporting constructive changes while offering recommendations to make the final permit practical and effective for residential construction.

Questions? Contact Evan Branosky, Senior Program Manager of Environmental Policy, at 202- 266-8662 or [email protected].