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PROPOSED 2027 EPA Construction General Permit: what re-filing will look like
EPA's 2022 Construction General Permit expires at 11:59 pm on February 16, 2027. EPA published a PROPOSED 2027 permit on August 3, 2026. Under the proposal, sites already covered keep their 2022 coverage only if they file a new Notice of Intent by a deadline EPA has not set yet, and the NOI would carry the SWPPP, a link to it, or the site map plus the signed certification. Everything about 2027 is PROPOSED until EPA issues the final permit. EPA 2022 CGP, cover page 91 FR 48862
PROPOSED. Everything on this page about the 2027 permit comes from EPA's proposed permit, published August 3, 2026. EPA can change any of it before it issues the final permit. Checked October 20, 2026. We will update this page when the final permit is published.
Sources last checked October 19, 2026. Prepared by our team led by Mohamed Elansary, PhD, with AI research tools. We are not a licensed engineering firm and do not seal plans.
General information; your permit text controls. Not legal advice and not engineering judgment. We make no promise of permit coverage, agency acceptance or compliance.
Who this affects
EPA, not the state, issues construction stormwater coverage in Massachusetts, New Hampshire, New Mexico, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, Johnston Atoll and Midway and Wake Islands. It also covers Indian country in most states and lands of exclusive federal jurisdiction in several. EPA 2022 CGP Appendix B If your site is in one of these areas, your coverage today comes from the 2022 CGP. Sites in every other state are covered by a state permit with its own renewal schedule; Texas is on the TXR150000 renewal page.
Key dates
| Date | What | Source |
|---|---|---|
| February 16, 2027, 11:59 pm | The 2022 CGP expires. The Federal Register notice and a TCEQ handout say February 17, 2027; the permit text says 11:59 pm on February 16. Plan to the earlier date. | 2022 CGP as modified, cover page |
| August 3, 2026 | PROPOSED 2027 CGP published: 91 FR 48862, FR Doc. 2026-15656, docket EPA-HQ-OW-2025-0760. | Federal Register PDF |
| September 17, 2026 | Comment period closed (extended from September 2). | EPA proposed-permit page |
| Not set | PROPOSED effective date: "[EFFECTIVE DATE OF CGP], 2027", for five years. | Proposed 2027 CGP cover page |
What re-filing looks like (PROPOSED)
- Sites already covered under the 2022 CGP ("existing sites", where construction began before February 17, 2027) would submit a new NOI "No later than DATE, 2027". EPA left the date blank. If you submit by that date, "your authorization under the 2022 CGP is automatically continued" until EPA grants coverage under the new permit. Proposed 2027 CGP Part 1.4.3, Table 1
- New sites would file the NOI at least 14 calendar days before construction starts, with coverage 14 days after EPA confirms a complete NOI, as today. Proposed 2027 CGP Table 1 EPA 2022 CGP Part 1.4.3
- Your SWPPP goes in with the NOI. The proposal would require, with the NOI, one of: a copy of the full SWPPP; a URL where the full SWPPP can be viewed; or the SWPPP site map plus the signed SWPPP certification. Proposed 2027 CGP Part 1.4.1 Under the 2022 permit you write the SWPPP before the NOI but do not submit it. EPA 2022 CGP Part 1.4.1
The Federal Register notice says the continued coverage gives operators time to "review the new permit, update their stormwater plans to conform with any new requirements, and submit a new Notice of Intent". 91 FR 48862
Other PROPOSED changes
From the Federal Register notice and the proposed permit: indicator-based conditions replace the general water quality requirement (following the Supreme Court's City and County of San Francisco v. EPA decision); sediment basins stabilized before first use; clearer perimeter-control wording; simpler stabilization in arid areas and more flexibility for snow and frozen ground; post-stabilization photos for the Notice of Termination; and a request for comment on turbidity monitoring. 91 FR 48862 Proposed 2027 CGP Parts 1-9
What to do now
- List every site with 2022 CGP coverage that will still be active after February 16, 2027.
- Bring each SWPPP up to date. Under the proposal, the plan, its URL, or its site map plus certification travels with the new NOI.
- Watch for the final permit and its NOI deadline. We will post both here.
The 2022 CGP took effect February 17, 2022, was modified effective April 8, 2025 (June 10, 2025 in EPA Regions 1 and 3), and expires February 16, 2027. EPA 2022 CGP, cover pages EPA published a proposed 2027 CGP in the Federal Register on August 3, 2026, with comments due September 17, 2026. EPA
Of the EPA-permitted states, our checkout is open for New Hampshire and Massachusetts, with the conditions shown on coverage by state. You, the operator, sign the plan and file the NOI in EPA's NeT system; we do not file for you. When EPA issues the final permit, we will write plans to its text.
What this page does not cover
The final 2027 permit (not issued yet), state permits, and industrial permits. Every statement about 2027 on this page is from the PROPOSED permit and can change.
Have it written for you
SWPPP Desk prepares site-specific SWPPPs from your drawings for construction sites in the states we cover (coverage by state), for a fixed price, delivered the next business day after your inputs are complete. Small site (1 to under 5 acres): $449. Large site (5 acres or more): $749. Background: all guides.
Related guides
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- SW3P, SWP3 and SWPPP: the same plan
- TCEQ SWPPP requirements
- TXR150000: the Texas construction general permit
- TCEQ stormwater permit for construction
- TCEQ NOI: filing in STEERS
- What goes in a SWPPP plan
- SWPPP template: EPA and state templates
- SWPPP inspection requirements
- SWPPP inspection form
- Erosion control plan requirements
- Who needs a SWPPP?
- Notice of Intent (NOI) for construction stormwater
- Notice of Termination (NOT)
- SWPPP sign and site notice
- Construction stormwater BMPs by type
- SWPPP cost: our prices and public prices
- TXR150000 renewal: the permit expires March 5, 2028
- Silt fence installation
- Sediment basin requirements
- Concrete washout rules
- Construction dewatering
- SWPPP site map requirements