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SUMMER/FALL 2006

I HAVE A REMEDIATION GENERAL PERMIT -NOW WHAT DO I DO?

On September 9, 2005, the Notice of Availability of the National Pollutant Discharge

Elimination System (NPDES) Remediation General Permit (RGP) was published in the Federal

Register. The discharges covered by the RGP that would most likely apply to the petroleum

industry include:

• site remediation activities related to a release or spill of petroleum hydrocarbons;

• site remediation activities related to a release or spill of a non-petroleum hydrocarbon, such as chlorinated volatile organic compounds;

• construction dewatering activities at a site where impacted ground water is present,

e.g., during underground storage tank installations; and

• dewatering activities at miscellaneous sites where impacts are present, e.g., during aquifer pump tests and hydrostatic testing of pipelines and tanks.

Based upon the United States Environmental Protection Agency (USEPA) website where

Notices of Intent submitted by applicants can be viewed, it appears that the regulated community

is beginning to understand the new program. RGPs are being issued to applicants with existing

discharges previously covered by an NPDES Permit or for new discharges for the above-listed

activities. Once a permit is issued, there are several requirements the applicant needs to be aware

of that include the following.

• The RGP now requires influent testing, as well as effluent testing, of parameters listed in the permit. Additional costs could be incurred by an owner when compared to monthly analytical costs under the former NPDES permits.

• Effluent discharge limitations for metals, if required by your permit, such as iron

(including naturally-occurring iron), must be met and could dramatically increase the cost of compliance.

• Monthly sampling is still required, but the results of sampling do not have to be

submitted to regulators unless there is a violation of the effluent limitations. However, all

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monitoring results must be summarized and maintained on-site or with the permittee and available for inspection by the USEPA or state agencies.

• A Best Management Practices document describing activities to prevent or reduce

practices that pollute "waters of the United States" and operating procedures and practices to control site run-off, spills, leaks, etc. must be prepared and kept on-site.

• Permittees may request a change to certain conditions of the permit. A Notice of Change

(NOC) Form can be submitted for eligible changes, such as a modification of the treatment system, the use of chemical treatment additives to enhance treatment system performance, a temporary cessation of discharge, and administrative information such as ownership, a change of address, or contact information. A reduction in influent or effluent monitoring requirements can be requested with a NOC Form. Further details regarding a reduction in monitoring is provided below.

Monitoring requirements may be reduced for influent and effluent monitoring through an

evaluation of ongoing analytical results. To be eligible for a reduction in influent monitoring, at

least six consecutive months of influent monitoring data demonstrating compliance with

applicable parameter limits must be presented in a NOC Form. To be eligible for a reduction in

effluent monitoring, at least 12 consecutive months of effluent monitoring data demonstrating

compliance with applicable parameter limits must be presented in a NOC Form. Written

approval from the USEPA is required for a reduction in influent or effluent monitoring.

Once the activities covered by the RGP are complete, a Notice of Termination (NOT) must be

submitted to the USEPA within 30 days of the permanent cessation of discharges. A signed

NOT form must be submitted either electronically, by fax, or by mail to the USEPA in

Boston, Massachusetts. A suggested format for the NOT form and other pertinent information

are located on the USEPA website at www.epa.gov/ne/npdes/rpg.html.

Brian D. Kisiel P.G.

bdkisiel@geoinc.com