The Environmental Protection Agency (EPA) is finalizing, largely as proposed, a narrow modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include construction projects in all Lands of Exclusive Federal Jurisdiction. This modification is necessary because the EPA is the permitting authority in Lands of Exclusive Federal Jurisdiction, and when the CGP was issued on February 17, 2022, the permit did not specifically provide eligibility for these areas as a class. The modification also clarifies the CGP requirements that apply to projects that discharge to receiving waters within Lands of Exclusive Federal Jurisdiction in response to the Supreme Court’s recent decision in City and County of San Francisco v. EPA. The permit modification and accompanying permit fact sheet can be found at https://www.epa.gov/​npdes/​2022-construction-general-permit-cgp.

DATES:

For EPA Regions 2, 4, 5, 6, 7, 8, 9, and 10, this final modification became effective on April 8, 2025. For EPA Regions 1 and 3, this final modification may become effective at a later date in accordance with the actions outlined in section IV of this document. In accordance with 40 CFR 23.2, this permit modification shall be considered issued for purposes of judicial review for EPA Regions 2, 4, 5, 6, 7, 8, 9, and 10 on April 8, 2025. For EPA Regions 1 and 3, the modification, if finalized, would be considered issued for purposes of judicial review on the date each Region, consistent with this notice of final modification, issues a final permit decision modifying the 2022 CGP, prior to its expiration. See section IV of this document for additional information on judicial review, permit appeal procedures, and challenges in the course of civil or criminal proceedings to enforce this permit.

Federal Register