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FALL/WINTER 2003

USEPA PREPARES DRAFT NPDES

On November 2, 2004, the United States Environmental Protection Agency (USEPA) issued for

public review a Draft National Pollutant Discharge Elimination System (NPDES) Remediation

General Permit (RGP). The RGP is associated with disposal sites or facilities in Massachusetts

and New Hampshire that require remediation through a ground water treatment system that

temporarily discharges to a surface water body or to Indian Country Lands (in Massachusetts).

The USEPA identified over 2,000 disposal site remediation projects with discharges in

Massachusetts and New Hampshire under existing NPDES exclusion letters and determined that

a separate permit is required to effectively track the temporary discharges from remediation

sources. The RGP establishes Notice of Intent (NOI) requirements, effluent limitations,

standards, prohibitions, and best management practices for discharges from characterization and

remediation activities associated with disposal sites. It is very important to understand that the

RGP is only for temporary discharges (similar to the NPDES exclusion previously approved by

the USEPA) and that if long-term discharges are involved, an individual NPDES permit is

required.

The RGP was developed by the USEPA to cover discharges from the following four categories:

1. Petroleum-related remediation activities (gasoline, fuel oils, etc.);

2. Non-petroleum remediation activities (volatile organic compounds, metals, etc.);

3. Contaminated construction dewatering (urban fill, known disposal sites, etc); and

4. Miscellaneous related discharges at disposal sites (pump tests, well development/rehabilitation, hydrostatic pipeline tests, etc.).

The public comment period for the draft RGP ended on December 17, 2004. According to

conversations with representatives of the USEPA, the anticipated effective date of the RGP is

February 2005. After the RGP is finalized, remediation activities operating under a previously

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issued NPDES exclusion will need to submit an NOI to be covered under the RGP, a Notice of

Termination (NOT), or individual permit application Forms 1 and 2C (for activities that involve

long-term discharges). Letters will be sent by the USEPA to the existing disposal sites to request

certification of the status of previously submitted NPDES applications (exclusions or Forms

1/2C). These certification letters should be completed and returned to the USEPA within

30 days of receipt.

If you have questions regarding the requirements of the RGP, NPDES Individual Permits, or

assistance preparing the certification letter, please contact your GeoInsight representative.