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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division <br />Rationale - Page 2. Permit No. COR- 030000 <br />II. CHANGES IN THIS GENERAL PERMIT (cont.) <br />B. Authority to Discharge — Oil and Gas Construction <br />This section has been added, to take into account a regulatory change. The federal Energy Policy Act of 2005 <br />exempts nearly all oil and gas construction activities from federal requirements under the Clean Water Act's <br />NPDES stormwater discharge permit program. In January 2006, the Colorado Water Quality Control <br />Commission held a hearing to determine what effects, if any, the change in federal law would have upon <br />Colorado's stormwater regulations. The Commission determined that oil and gas construction sites in <br />Colorado that disturb one or more acres are still required to be covered under Colorado's stormwater <br />permitting regulations (Colorado Discharge Permit System (CDPS) regulations (5CCR 1002 -61)). In practice, <br />oil and gas construction sites have the same requirements under this permit as do other types of construction. <br />However, this permit contains some references to the federal Clean Water Act; generally these references are <br />not applicable to oil and gas construction sites to the extent that the references are limited by the federal <br />Energy Policy Act of 2005. See Part LA. 1(b) of the permit. <br />C. implication Requirements <br />The permit application requirements have changed slightly, including the addition of an email address, if <br />available. See Part LA. 4(b). <br />The applicant must be either the owner and/or operator of the construction site. An operator at a construction <br />site that is not covered by a certification held by an appropriate entity may be held liable for operating without <br />the necessary permit coverage. <br />D. Temporary Coverqge <br />Part LA. 5(d) of the previous permit (effective July 1, 2002) dealt with temporarily covering a facility under the <br />general permit even if an individual permit is more appropriate. This permit section essentially duplicated the <br />previous section (see Part LA. 5(c)), and so it has been deleted. <br />E. Reassiznment of Permit Coverage <br />Procedures have been added to clarify the requirements for the transfer of coverage of specific portions of a <br />permitted site to a second party. See Section VII1 13 of the rationale and Part LA.8 of the permit. <br />F. Individual Permit Criteria <br />This section has been modified to include situations involving a Total Maximum Daily Load (TMDL). See Part <br />LA. I1 of the permit. <br />G. Stormwater Management Plan (SWMP) <br />The Stormwater Management Plan section has been divided into two parts: Stormwater Management Plan <br />(SWMP) — General Requirements, which provides the basic framework and general requirements for the <br />SWMP, and Stormwater Management Plan (SWMP) — Contents, which specifically identifies each item that <br />must be addressed in the SWMP. See Parts I.B and I.0 of the permit. <br />H. Stormwater Management Plan (SWMP) —General Requirements <br />The SWMP General Requirements section has been modified to require that the SWMP be updated in <br />accordance with Parts I.D.5(c) and I.D.5(d) of the permit (SWMP Review /Changes). This additional <br />requirement ensures that the SWMP provisions reflect current site conditions. See Part I.B.2(c) of the permit. <br />