2025 Permit Applicability Check

Effective April 8, 2025: The EPA Construction General Permit (CGP) now explicitly covers "Lands of Exclusive Federal Jurisdiction."

Impact Assessment

Answer 2 questions to determine your regulatory status.

1. Who handles stormwater permits in your state?

Most states (TX, CA, FL, NY) manage their own. Only NM, NH, MA, and DC are directly EPA-managed for all sites.

State Agency (e.g. TCEQ, FDEP, DEQ)

Direct EPA (NM, NH, MA, DC, Puerto Rico)

The Federal Lands Gap

In the United States, stormwater permitting is a patchwork. Most states (47 of them) are "authorized" to manage their own NPDES programs. Texas has TCEQ, California has SWRCB, etc.

However, there are pockets of land within these states that fall under exclusive federal jurisdiction. These include many military installations (e.g., Fort Hood, Camp Pendleton) and certain federal buildings.

Historically, there was confusion: Does a contractor on a Texas military base file with TCEQ or the EPA?

The 2025 Modification Explained

The EPA's modification to the 2022 CGP clarifies that the EPA retains permitting authority for these lands. This ensures consistent federal oversight regardless of the surrounding state's regulations.

What you need to do

Check Your Jurisdiction: Ask your project owner or contracting officer if the site is considered "Exclusive Federal Jurisdiction."
File Correctly: If yes, you must use the EPA's NeT system to file your NOI, not the state portal.
Update SWPPP: Ensure your SWPPP cites the 2022 EPA CGP, not the state general permit.