In This Issue

EPA Issues Construction General Permit, Including Coverage for Pipeline Activities in Texas

EPA’s Construction General Permit was published in the Federal Register on July 01, 2003 and covers all construction activity on sites one acre or larger (or smaller sites that are part of a larger common plan of development) in states, territories, and Indian country where EPA is the permitting authority. The new permit implements Phase II of the NPDES Stormwater Regulations which contains new requirements for construction sites between one and five acres. (Construction sites that are five acres or larger were regulated previously under Phase I of the program and earlier construction general permits.) Under this Permit, construction site operators will need to develop and implement stormwater pollution prevention plans and file a “Notice of Intent” form at least 7 days prior to initiation of land-disturbing activities.

The new permit adds coverage for, among other things: “Discharges in the State of Texas that are not under the authority of the Texas Commission on Environmental Quality (formerly TNRCC), including activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline.”

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