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Who is eligible for coverage under EPA’s CGP?

Operators in an area where EPA is the NPDES permitting authority may be eligible for coverage under EPA’s 2017 CGP. The CGP applies to operators of construction activities that will disturb one or more acres of land, or that will disturb less than one acre but are part of a common plan of development or sale that will ultimately disturb one acre or more. Operators requiring permit coverage include any party associated with a construction activity that meets either of the following two criteria:

i. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

ii. The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the permit).

Where there are multiple operators associated with the same project, all operators are required to obtain permit coverage.

To be authorized under the CGP, the operator will be required to meet the eligibility requirements specified in Part 1.1 of the proposed permit. The operator will be required to also submit an NOI, which provides certification that the eligibility requirements have been met and that permit requirements will be complied with.

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