One Of EPA's First Attempts To Implement San Franscico v. EPA: Modifications To EPA's 2022 Construction General Permit

Key Takeaways

• What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include construction projects in Lands of Exclusive Federal Jurisdiction. This is one of EPA's first attempts to implement the holding in City and County of San Francisco v. EPA, where the Supreme Court held that EPA exceeded its authority by imposing "end-result" limitations in San Francisco's Clean Water Act (CWA) permit for its Oceanside combined wastewater treatment facility.
• Who Is Affected? In the short term, the modification will apply where EPA Regions (other than Regions 1 and 3) are the NPDES permitting authority. It will become effective where EPA Regions 1 and 3 are the NPDES permitting authority at a currently unknown later date once Regions 1 and 3 complete the CWA Section 401(a)(2) certification process. In the long term, the modification could