Does the term “Routine Maintenance” apply to all construction activity?
Yes. The definition of small construction at 40 CFR 122.26(b)(15)(i) includes the phrase “Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.” EPA has revised the definition of “large construction” in this permit to include similar language. However, the term “routine maintenance” should not be confused with activities such as repairs, replacement, and other types of non-routine maintenance that are required to obtain permit coverage where more than one acre is disturbed.
