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Questions Received From CGP Webinars

Below is a list of questions we received during our CGP webinars on February 2, February 7, and February 9, 2017.

Webinar Question Response
What happens if my certifier leaves the company? If that happens, you can call the help desk to have the form re-asigned to a new certifier at the company.
What happens when a Certifier does not Terminate the NOI? To rephrase the question … what happens when a form is routed to a Certifier, but the Certifier does not respond? The system will track and notify the Certifier after so many days of not responding. Also, the Preparer should follow-up with the Certifier just to confirm they received it.
Who is the certifier in a company generally? You can find the signature requirements for the CGP in Appendix I, in I.11 on page 4 https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_appendix_i_-_standard_permit_conditions.pdf
Is that an officer? The PM? it depend on your organization structure but this might help you https://epanet.zendesk.com/hc/en-us/articles/236108987-Who-should-certify-sign-the-NOI-
Can the certifier designate someone to act on his behalf in cdx system...for example, a pm? The certifier is the only one who can certify and sign the form. A preparer can be the one to complete the form, and then route it to the certifier for signature, but it has to be the certifier that signs and submits it. That cannot be delegated.
Will the NET EPA CGP program service show up on 02/16/17? Yes. That is the intended date
I have a CDX account and the NET EPA CGP program service is not available to add. It will be avialble on 2/16
When will users be able to access the new system to add NeT to their accounts? Currently, it is not available yet. We are working to make it available by 2/16/2017.
How is a certifier informed that they have an NOI to review/certify? The Certifier will receive an email letting them know.
If you are a Preparer, can you route the form to a Certifier or preparer at a different company? Yes, because, for instance, it you are a preparer at a consulting firm, you can route it to a certifier at the organization that is the actual Operator of the construction project, so you can do that.
What's the purpose or intent to add the routing or re-routing? How does a Preparer/Certifier do that? At the end of each form (Certification Section), there are radio buttons to allow Preparer/Certifier to route the form to another Preparer/Certifier. Select the appropriate radio button, then find the person to receive the form.
If the form is routed to a different Certifier, do they still receive and certification key via email as in the eNOI system? Or has the authentication feature replaced that? With CGP NeT there is no key. Instead, CGP NeT uses form 'Ownership' to know who is authorized to certify the form
Do we have to pay again for the new NOI if we have an existing NOI. There is not a fee for submitting an NOI under EPA's CGP
Okay, thank you. So all our existing State permits, do not have to be refiled as of 2-16-17, only NPDES permits...correct? Yes that's correct.
So filing through this system, and selecting the state, the permit would be through that state? i.e. UTR - Utah.... Or do we file through the UTDES? Confused. You have to go through UTDES. There are some areas where EPA is the permitting authority in many states on Indian Country land, that's why you may see your state on the list but its for a specific area (e.g. where you are a federal operator or if you are on indian country lands). But otherwise you need to go thorugh your state's system
Does this take the place of filing on a state level? No, if your project is not located in the areas where EPA is the permirting authority, you will have to submit an NOI through your state program. ,Here is Appendix B- Areas where this permit applies https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_appendix_b_-_areas_of_permit_coverage.pdf
This is the NPDES, what about filing on a state level? Yes this system and Permit is for areas where EPA is the permitting authority (MA, NH, ID, NM, Indian Country Lands, DC, PR, most other US territories). See Appendix B of the permit for those areas. If your project is not in one of those areas, you will have to use your state's permit to get coverage and will need to visit their particular program site. Here are the list of state contacts: https://www.epa.gov/npdes/contact-us-stormwater#state
Does this even apply to Interior Remodels? No, the CGP covers construction activities including clearing, grading and excavation. If you are not disturbing land then the CGP does not apply.
Does a company with mulitple Preparers, do each have their own log in's or is there one for the entire company? Each Preparer would have their own login account.
Do all project under 5 acres need a LEW? Projects under 5 acres that have an erosivity factor of less than 5 are eligible to apply for a LEW
In a company with multiple projects, do we only need one Certifier? Yes you can use the same certifier for multiple projects, as long as he/she is overseeing all of them.
When will the option to add the NeT EPA 2017 CGP service (Preparer) to an existing CDX account become available? It will be available 2/16,2/16
Are there any changes to the requirements for content of a SWPPP from the 2012 permit? There are not many changes but I would encourage you to read the permit and focus on the SWPPP part 7 for the requirements under the 2017 CGP https://www.epa.gov/npdes/epas-2017-construction-general-permit-cgp-and-related-documents
Does a certfier need to be an officer of a corporation? For signature requirements, please see Appendix I, part I.11 "signatory requirements" https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_appendix_i_-_standard_permit_conditions.pdf
Has there been a fact sheet outlining differences betwwen 2012 CGP AND the new 2017 permit? Yes the Fact Sheet is on the website. On page 11, there is a section which outlines the signficant cahgesn to the 2017 CGP - https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_fact_sheet.pdf
Could you please explain or identify in the managment position who can be an elgible certifier You can find the signature requirements in CGP Appendix I, Part I.11 https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_appendix_i_-_standard_permit_conditions.pdf
Did you say that the certifier could also prepare? Yes, they can.
Are modifications to the NOI required if project dates change, additional land is disturbed, etc.? Does NeT allow eNOIs to be modified? Yes your NOI should be kept up to date; the project dates are "estimated" and land distrubed is also "estimated". NeT allows for "Change NOI"
For an interior remodel project, requires stock piling and/or staging of construction materials on the exterior project site, would CGP coverage be required? No not in that case. The trigger is distrubing 1 or more acres of land (or less than 1 acre if part of a larger common plan of development).
The question about "key" is the alpha-numeric certifcation key a certifier receives from the preparer via email from EPA that must be interered into the old system in order to certify the NOI. CGP NeT uses form 'Ownership' to determine who is authorized to certify. When a Preparer routes a form to a Certifier, the form ownership transfers from Preparer to Certifier. Only that Certifier can certify the form.
If you work for a owner like BOR, BIA , IHS .would they be defined as a federal operator and the contractor as just a regular operator? If you are a contractor for a Federal Operator, in the NOI you would also select you are federal operator because it is defined as “Federal Operator” – an entity that meets the definition of “Operator” in this permit and is either

any department, agency or instrumentality of the executive, legislative, and judicial branches of

the Federal government of the United States, or another entity, such as a private contractor,

performing construction activity for any such department, agency, or instrumentality.
Will a new NeT NOI require 14 days on an existing eNOI to be considered before a NOT is sought? A new NOI (in NeT) will still undergo a 14 day review period before discharge is authorized under the 2017 CGP, so you should wait until the new NOI is authorized before submitting the NOT in eNOI for 2012 CGP coverage,Note that existing projects under the 2012 CGP have until May 17, 2017 to submit a new NOI under the 2017 CGP using NeT, so you have some time to get your new NOI done
Will there be an overlap when we terminate the 2012 coverage and submit the 2017 coverage, or should we wait until the 2017 NOI has been approved then terminate 2012 coverage? You should wait until your 2017 NOI has been authorized before submitting your NOT under the 2012 CGP. (to avoid the gap in coverage.)
Do we have to file an NOT in the old system for ongoing projects prior to submitting a new NOI in Net? Or do we just need to file the new NOT and leave the other system alone? First, file the new NOI in CGP NeT (wait for it to become Active), then submit the NOT in eNOI to avoid any gaps in coverage.
Do cities and towns need a construction general permit for routine pavement management? If road reclamation area totals greater than one acre for a particular paving season? No. "Construction activity" does not include routine earth disturbing activities that are part of the normal day-to-day operation of a completed facility (e.g., maintenance of gravel roads or parking areas, landscape maintenance, etc.)
If disturbance is <1 acre and part of common plan, will operators also be elgible for waivers? If your smaller construction project is part of a larger common plan of development or sale that collectively will disturb one or more acres then you need permit coverage. If less than five but more than one acre remains to build out the original common plan, then a permit might still be required, but you can treat your project as part of a "small" construction activity and might be eligible for the waivers available for small construction activities.
In the past, permit coverages were automatically terminated by EPA/Contractor. May that be the same process? Once the 2012 CGP expires on Feb. 16, operators with ongoing projects have until May 17, 2017 to submit a new NOI under the 2017 CGP. But otherwise those NOIs under the 2012 CGP will automatically expire. If you want documentation that your 2012 CGP NOI was terminated, then recommend you terminate it using eNOI system.
For Lat/Long, does EPA want site entrance or center of project? Center of the project
Can a Certifier terminate or change an existing NOI certified by another certifier? Yes, but first the new Certifier must get the form reassigned to them. Ask the old Certifier to route the form to the new Certifier, or contact CGP Help Desk to request a form reassignment if the old Certifier is unavailable.
Can I obtain a LEW for my project that disturbs less than 5acres, but is part of a larger common plan of development/sale totaling greater than 5 acres of land disturbance? No. If your smaller construction project is part of a larger common plan of development or sale that collectively will disturb one or more acres then you need permit coverage. If less than five but more than one acre remains to build out the original common plan, then a permit might still be required, but you can treat your project as part of a "small" construction activity and might be eligible for the waivers available for small construction activities.
For existing projects that will be active beyond May, should the new 2017 NOI be submitted and confirmed active (14 day waiting period) prior to terminating the 2012 NOI? Yes, you'll want to submit your new NOI and have it be Active before terminating under the 2012 CGP.
Will existing NOI's (2012 CGP) be listed on the new CGP NeT site? Or will old NOIs need to be terminated using eNOI? No. Use the eNOI Search Tool to lookup 2012 forms.
Will the CGP NeT site only be active after Feb. 16th? Yes
If the epa is not the permitting authority, then an NOI should be filed with the state permitting authority and not on the CGP site? Check with your State environmental Agency. They may (or may not) have regulations regulating Stormwater discharges
Are the state permits also changing on 2/16/2017? No- the state permits have their own effective and expiration dates.
If it is a local agency project with federal funds Then you'll have to apply for construction stormwater coverage with the state permitting authority.
Is the 2017 CGP used for local agency projects with federal funds? No- just because you have federal funds doesn't mean the CGP applies for that project. The trigger for EPA's CGP coverage is if the project occurs in areas where EPA is the permitting authority- see Appendix B for those detailed areas. https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_appendix_b_-_areas_of_permit_coverage.pdf
Do all forms require certification prior to submittal? Yes.
If necessary can you still request to submit a paper NOI? Your EPA Regional Office may grant you a waiver from electronic reporting based on one of the following conditions: a. If your operational headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission; or b. If you have limitations regarding available computer access or computer capability
If the certifier was to send the form to a preparer, what could the preparer do to the form? The Preparer can edit/change/terminate the form, but must reroute the form back to a certifier for certification
In E-Enterprise will terminated 2017 CGP NOIs be visibal? Yes
Just for clarification, the NOIs, NOTs, etc. referenced in this webinar are for those sites with and EPA (Federal) NOI. Local (state) NOIs are not affected? Yes that is correct. This CGP is for areas where EPA is the permitting authority (NH, MA, ID, NM, Indian lands, DC, PR, most other territories). See Appendix B for those areas. The states' CGPs are not affected by these changes. https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_appendix_b_-_areas_of_permit_coverage.pdf
What is a federal facility? Like being on U.S. Forest Service Lands? A federal facilitiy/operator is an entity that meets the definition of “Operator” in the permit and is either
any department, agency or instrumentality of the executive, legislative, and judicial branches of
the Federal government of the United States, or another entity, such as a private contractor,
performing construction activity for any such department, agency, or instrumentality.
Will the EPA provide a new SWPPP template for the 2017 CGP? If so, when? Can we use the 2012 SWPPP template in the meantime? Yes we will provide a new SWPPP template, as soon as possible but it may be a few weeks after the 2017 CGP effective date. We are working diligently to update it. In the meantime, yes you can still use the 2012 SWPPP template, but just make sure to pay attention to Part 7 of the permit (SWPPP section) to make sure your SWPPP has all of the required information from the new permit.
If we are required to submit SWPPP, is this also done through NeT? Under EPA's CGP, SWPPPs are not required to be submitted with the NOI, however they are required to be developed for keeping on site prior to submitting an NOI. EPA can request you submit a SWPPP during the permit term however.
What is the map for on the discharge point field? Are coordinates required for discharge points? It doesnt seem like there is a field for Lat Long for discharge points, so do we have to specify location using the map? Lat/long for discharge points are not required at this time. The map is available so that you can click on your discharge point, the map uses (but doesn't collect) lat/long to generate the recieving water body and other pollutant info. You will also be able to enter that manually if you chose to do so.
Will older NOIs still be searchable after May 17th? Will there be a time when we can no longer search NOIs submitted using the older system? Yes- You will still be able to search for those NOIs under the 2012 CGP. We will likely keep this tool for the whole permit term for the 2017 CGP, perhaps beyond that.
Formerly, an NOI was submitter to the Certifier. Is this still going to be the case or will it be routed and the preparer then loose control of the form? You may route the form to either a Preparer or Certifier (depending on your processes). Only the Certifier can actually Certify the form.
With the NeT system, a preparer will not be able to initiate a Notice of Termination? Yes, they can, but only after the form ownership has been transferred to them.
I have logged on in CDX to access info or CGPs but have been unable to get results. Is there a Help Desk that I can inquire about issues with accessing infor? You can contact CDX Support at 888-890-1995, but the CGP NeT Program Service has not yet been added, so you can't add the new CGP service until February 16.
The 2017 CGP states, “ All SWPPP’s must be prepared in accordance with good engineering practices by qualified (e.g. CPESC certified, engineers with appropriate training) erosion control specialist familiar with the use of soil loss prediction models…”. para. u., p. 47 of 68, 2017 CGP.

The 2017 CGP states, “ All SWPPP’s must be prepared in accordance with good engineering practices by qualified (e.g. CPESC certified, engineers with appropriate training) erosion control specialist familiar with the use of soil loss prediction models…”. para. u., p. 47 of 68, 2017 CGP. Do SWPPP's have to be prepared by an engineer?
No, EPA's CGP does not have a requirement that SWPPPs be prepared by a professional engineer, but they must be prepared in accordance with good engineering practices.
What if a person's role changes? Can they then change thier Status to to Certifier on-line? Yes. Instructions on how to do this can be found here (https://epanet.zendesk.com/hc/en-us/articles/115001157387)
Is there a way to see who has accessed your project on the E-Enterprise Portal CGP Widget? Not at this time.
What do you do if the person (position) who certified the NOI gets a new job and there is a new person that needs to certify the NOT? Assume the NOI certifier is not available to transfer the CGP project to the new certifier) Contact CGP Support at npdesereporting@epa.gov and ask that the forms be reassigned to another person
If you have a site that discharges to a wetlands, is that the water of the US you identify on the eNOI? or do you have to keep going downstream until there is a named waterbody with Tier and TMDL info? If you do have to keep going down stream, what if it's an isolated wetland? Whatever the first water of the U.S. is that the site discharges to is the waterbody that should be identified in the NOI. So, if the wetland is a water of the U.S. and that is the first water that the construction site’s stormwater will be discharged to, then they should identify that wetland in the NOI.
What does a tier mean in the section where you add the body of water These are waters designated by a state or tribe for special protections - see Appendix F of the CGP https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_appendix_f_-_tier_3_tier_2_tier_2.5_waters.pdf
Does the original preparer still own if passed to another preparer that edits? No, there is only one owner of the form at one time. The form has to be passed back to another person for them to become the owner.
A transportation agency retains a contractor to complete a project, and requies the contractor to provide a SWPPP. Does the contractor certify the NOI, or does the transportation agency need to, or both? BOTH the angecy and the contractor need to submit an NOI because they both qualify as operators of the project, and therefore they both need to submit an NOI and both need to certify their indiviudal NOIs
If my agency issues a permit to a developer and I want to verfy that they have filed an NOI, can I access the system to check on its status? You can use E-Enterprise to check for submissions. If the form is not in E-Enterprise, the form was not submitted
Does it always take 14 days to get approval, or can it be a shorter time period? The review period is 14 days minimum, unless EPA puts the NOI on hold.
New permit says LEW is now called "Rainfall Erosivity Waiver?" They are the same thing.
What is the last date to move projects from ENOI to the Net epa program. if this is in may for example does that date include the new 14 day waiting period or do the projects need to be transfered 14 day prior to that last date? We recommend doing it as soon as psosbile once NeT goes live (on Feb 16). You have until May 17 to do that, but need to submit the new NOI 14 days prior to May 17, to accomodate the review period.
Is there a webinar or a place we can go to show what the changes are between the 2012 and 2017 CGP? The Fact Sheet on page 11 details the changes to the 2017 CGP and also in the Federal Register Notice. We plan to hold a webinar on the new permit in early March, not scheduled yet. Here is the fact sheet: https://www.epa.gov/sites/production/files/2017-01/documents/2017_cgp_final_fact_sheet.pdf
Are emails still sent to preparer and certifier when NOI is approved after the 14 day waiting period? Various email notifications will be sent to key personnel throughout the lifecycle of a form.
How do you route a form to someone else In the Certification Information section of the form, there are options for routing to another Preparer or Certifier
Once again, where can we access this webinar and save on a desktop The webinar will be posted on the CGP webiste once we have the file ready https://www.epa.gov/npdes/stormwater-discharges-construction-activities-2017-cgp
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