Proposed Modification to 2022 Construction General Permit (CGP)

 On December 13, 2024, EPA proposed a narrow modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include all Lands of Exclusive Federal Jurisdiction in the U.S. This modification is necessary because EPA is the permitting authority in Lands of Exclusive Federal Jurisdiction, and when the 2022 CGP was issued on February 17, 2022, the permit did not specifically provide eligibility for all of these areas.

The comment period for the proposed permit revisions, which ended on January 13, 2025, is now closed. EPA is now working on responding to comments received and preparing a final modification.
 

Definition of Lands of Exclusive Federal Jurisdiction

Lands of Exclusive Federal Jurisdiction are lands in the U.S. where the Federal government retains exclusive jurisdiction in relevant respects. Not all Federal lands are lands of exclusive Federal jurisdiction. Rather, exclusive Federal jurisdiction is established only under limited circumstances pursuant to the Enclave Clause of the U.S. Constitution, article 1, section 8, clause 17.

Where Are Lands of Exclusive Federal Jurisdiction Located?

The jurisdictional status of Federal lands is tracked by multiple Federal land management agencies. For this reason, and because jurisdictional status of Lands of Exclusive Federal Jurisdiction may change over time, EPA does not maintain a comprehensive map or list of these lands. By statute, the National Park Service identifies several national parks that contain Lands of Exclusive Federal Jurisdiction, including, for example, Denali National Park, Mount Rainier National Park, Olympic National Park, Hot Springs National Park, Hawai’i Volcanoes National Park, Yellowstone National Park, Yosemite National Park, Sequoia National Park, Crater Lake National Park, Glacier National Park, Rocky Mountain National Park, Mesa Verde National Park, Lassen Volcanic National Park, Mammoth Cave National Park, and Isle Royale National Park.

Why is a Permit Modification Needed?

The 2022 CGP and prior CGPs did not include eligibility for all Lands of Exclusive Federal Jurisdiction in the U.S. The effect of this omission would leave construction projects scheduled to commence during the remaining effective period of the 2022 CGP (i.e., until the general permit expires on February 17, 2027) without the ability to obtain coverage under this permit. EPA anticipates the most effective way to provide such permit coverage would be through the availability of a general permit, such as the 2022 CGP. EPA chose to pursue a permit modification rather than other alternatives. See related discussion in the Federal Register notice and the Fact Sheet.