| The EPA’s final notice of the modifications notes that operators are not prohibited from submitting NOIs after initiating clearing, grading, excavation activities or other construction activities, but the agency “reserves the right to take enforcement action for any unpermitted discharges that occur between the commencement of construction and discharge authorization.” The agency added that the latest modifications “represent an important step in reducing EPA’s concern that retaining the current ‘permit noncompliance’ language would potentially make the CGP option more unpalatable to late filing operators than necessary, thus, driving late filing operators towards either individual permits or attempts to evade regulation altogether by declining to notify EPA of their construction activities.”
By pushing late filers towards seeking coverage under individual permits rather than the CGP, the EPA said it was also concerned about “further delays in permit coverage and the environmental benefits associated with implementation of the best management practices.” On modifications initially proposed in September, the EPA received responses from NAHB, The Associated General Contractors of America, Centex Homes, Lennar Corporation, Pulte Homes, Richmond American Homes of Colorado and the New York State Department of Environmental Conservation. All of the comments, except for those from New York, supported the changes. The permit modification goes into effect on Jan. 21. For further information, email Jon Luther at NAHB or call him at 800-368-5242 x8329; or contact Amy Ericksen, x8662. | 
