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Renewal11 Jul 2026 7 min read

The 2022 Construction General Permit Expires in 2027: What to Know Now

EPA's 2022 CGP expires 16 February 2027 and no successor has been proposed yet. What usually changes at reissuance, and what to do now.

A wall calendar with a run of dates marked by red pushpins, ending on the 30th circled in red
Photo by Towfiqu barbhuiya

Every EPA general permit carries an expiry date on its cover page, and the one on the 2022 Construction General Permit reads 11:59pm, 16 February 2027. That is now inside the eighteen-month window where a reissuance would normally start becoming visible, and as of this research there is no draft successor on the Federal Register. Nothing about that is alarming by itself; permits get reissued on a routine cycle. But it does mean every operator relying on the 2022 CGP, and every static template built against its specific Part numbers, is working against a document with a known end date and an unwritten replacement.

What's actually confirmed right now

The expiration date itself is not in question. The permit's own text states plainly that "this permit and the authorization to discharge expire at 11:59pm, February 16, 2027," and EPA's 2022 CGP page confirms it is still the current, effective permit. What's less settled is the reissuance itself. EPA's most recent CGP-related action was a narrow modification, published in the Federal Register on 15 April 2025, expanding eligible coverage to construction projects on Lands of Exclusive Federal Jurisdiction. EPA was explicit that this was a deliberately limited fix rather than the reissuance itself, reasoning that running a full new permit process in 2025 risked colliding with its own separate, anticipated reissuance of the CGP ahead of the February 2027 expiry.

That is the operative word: anticipated. As of this writing, no proposed or draft successor CGP appears on federalregister.gov, only that April 2025 modification and the underlying 2022 permit. That can change on short notice, which is exactly why we're not attaching a date to a draft that doesn't exist yet. Check the Federal Register directly before treating any specific timeline as settled.

This isn't the only EPA general stormwater permit in a state of transition. The 2021 Multi-Sector General Permit expired in February 2026 and is administratively continued while new facilities wait on a successor. Read the parallel story in our post on the MSGP's status. Different permit, same underlying lesson: reissuance is a live, recurring risk across EPA's general permit programme, not a one-off event.

What usually changes at a CGP reissuance

EPA has run this cycle before. The 2012 CGP gave way to the 2017 CGP, which gave way to the 2022 CGP now in force, each on roughly a five-year term. Looking at how the 2017-to-2022 transition actually played out is a reasonable guide to what a 2027 successor is likely to touch, and what it probably won't.

What tends to move

  • Geographic coverage. The 2022 CGP dropped Idaho (outside Indian country) and oil and gas construction in Texas from its footprint, because both states had since become fully authorised to run their own NPDES programme. A 2027 CGP will reflect whichever states have shifted authorisation status by then.
  • Response to intervening case law and rulemaking. The 2022 CGP incorporated the 2014 amendments to EPA's construction and development effluent limitation guidelines. The 2025 modification exists specifically to respond to a court decision, San Francisco v. EPA, on end-result water quality limits. A 2027 successor is a natural vehicle for folding that reasoning in more broadly.
  • Specific deadlines, thresholds and section numbering. Even where the substance carries over, the permit is redrafted from the ground up each cycle, so a plan's citations to a specific Part number are not guaranteed to still point at the same requirement once a new permit takes effect.

What tends to hold

EPA's own fact sheet for the 2022 CGP modification describes most of the 2017 CGP's provisions as retained into the 2022 permit, with clarifying changes rather than wholesale rewrites, such as making explicit that electronic SWPPPs, inspection reports and corrective action logs satisfy the recordkeeping requirement. The core architecture, a written SWPPP, routine site inspections, a corrective action process, and Notice of Intent and Notice of Termination filings, has carried across every recent cycle. Reissuance rewrites the document; it does not usually reinvent the underlying compliance model.

AreaWhat happened
Geographic coverageIdaho (outside Indian country) and Texas oil and gas construction dropped, following those states' NPDES authorisation
Core provisionsLargely retained; EPA describes most 2017 CGP requirements as carried into the 2022 permit
RecordkeepingClarified that electronic SWPPPs, inspection reports and corrective action logs are acceptable
Regulatory basisUpdated to reflect the 2014 amendments to the construction and development effluent limitation guidelines
What changed between the 2017 CGP and the 2022 CGP

Why a static template is a real risk here

A SWPPP built from a downloaded PDF or Word template that cites "Part 2.2" or "Part 3.1" of the 2022 CGP is citing a document that will eventually stop being the governing one. That's not a defect in today's template; it's a defect in treating any construction-permit document as permanently correct. The 2017-to-2022 transition shows the pattern: geography shifts, legal responses get folded in, and section numbering is redrawn even when the substance underneath survives. A plan that hardcodes a Part number is betting that number never moves, and the historical record says it eventually will.

It's a fair question to ask of any tool that generates permit paperwork: does it hardcode today's Part numbers, or does it track which version of the permit it's citing? Basinwise's determination engine reads its requirements from a dataset that carries its own version stamp, with each individual rule tied to a specific citation and quoted source text rather than baked into application logic. That doesn't make a reissuance invisible or automatic; someone still has to update the dataset once a new permit exists. It does mean a determination is dated and traceable rather than silently assuming a permit that has moved on. More on how that's built on our developer documentation.

What to actually do between now and February 2027

  • Watch for the draft, don't assume a timeline. EPA typically publishes a proposed CGP for public comment before finalising a reissuance. That hasn't happened yet as of this research. Check federalregister.gov or EPA's CGP page periodically rather than assuming a specific month.
  • Don't assume today's Part numbers survive unchanged. If you're building internal templates or training material that cites specific sections, expect to revisit them once a successor is finalised, even where the underlying obligation doesn't change.
  • Don't assume coverage rolls over automatically. Historically, CGP reissuances have required operators to file fresh under the new permit rather than simply continuing under old paperwork. Read the actual transition instructions in whatever permit EPA issues, rather than assuming continuity.
  • Check whether the federal CGP is even your permit. EPA's CGP only issues coverage directly in a short list of states, territories and federal lands; most operators are under a state-issued construction permit running on its own separate cycle. Our state permit hub lists the issuing agency by state.

Screen a site today and get an answer cited to the permit section actually in force, with the version it was checked against.

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FAQ

When exactly does the 2022 Construction General Permit expire?

At 11:59pm on 16 February 2027, per the permit's own text and confirmed on EPA's 2022 CGP page. That date has not moved and is not itself in dispute.

Has EPA published a draft or proposed successor CGP yet?

Not as of this research. EPA's most recent CGP action is a narrow modification published 15 April 2025, expanding coverage to Lands of Exclusive Federal Jurisdiction, described by EPA as separate from its anticipated full reissuance. Check federalregister.gov directly, since this status can change quickly.

Will my current NOI just carry over to whatever replaces the 2022 CGP?

Don't assume so. Past CGP reissuances have come with their own transition instructions rather than automatic continuation, and the specifics only become clear once the new permit is finalised. Read the actual reissuance notice when it arrives.

Does this affect state-issued construction general permits too?

Not directly. Most states run their own authorised NPDES programme and issue their own construction general permit on its own cycle, independent of EPA's federal timeline. Confirm which agency actually governs your site on our state permit hub.

How is this different from the MSGP situation?

They're two separate permits on two separate tracks. The Multi-Sector General Permit has already expired and is administratively continued while EPA finalises a successor, covered in our MSGP status post. The 2022 CGP is currently in force and runs to February 2027; the story here is what to expect as that date approaches, not a gap that already exists.

This guide is general compliance guidance, not legal or engineering advice, and it is not a permit. To see what applies to your own site, use the free screening, or see how the same engine works from your own code or an AI agent.

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