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Top Takeaways for EPA's New DRGP Permit, with New Deadlines

The U. S. EPA and EPA Region 1 have issued the Final National Pollutant Discharge Elimination System (NPDES) general permits for discharges of pollutants to Waters of the U. S. in waste waters from certain dewatering and remediation-related activities. This Dewatering and Remediation General Permit (DRGP) covers discharges to certain waters in the Commonwealth of Massachusetts and the State of New Hampshire, sites in Connecticut and Rhode Island located on Indian Country lands, and federal facilities in Vermont.

This DRGP is a combined reissuance of the Remediation General Permit (RGP) that became effective on April 8, 2017, and expired on April 8, 2022, and the Dewatering General Permit (DGP) that became effective on April 25, 2015, and expired on April 7, 2022. The new general permit combines the former Discharge General Permit (DGP) for non-remediation construction projects with the Remediation General Permit (RGP). The DRGP authorizes discharges of groundwater, surface water, potable water, and storm water associated with following activities: site remediation, site dewatering, infrastructure dewatering and remediation activities, and material dewatering.

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Update on EPA's Remediation General Permit

By: Isaac Anderson, Project Manager, Cooperstown Environmental and LSPA Technical Practices Committee Member

Many of you know that the 2010 Remediation General Permit (RGP), issued by the United States Environmental Protection Agency, Region 1 (EPA) under the National Pollutant Discharge Elimination System (NPDES), expired in September 2015. As noted in the LSPA email blast sent on September 15, 2016, the Draft RGP was published in the Federal Register on August 18, 2016, and EPA accepted public comments until September 19, 2016. What many of you are left wondering is, what happens next, and what should you do in the interim if you have a project that requires coverage under the RGP before the new RGP is available?

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NPDES Draft 2016 Remediation General Permit (RGP)

September 19, 2016 Deadline for Comments to EPA on the NPDES Draft 2016 Remediation General Permit (RGP)

 
Please be advised that Monday, September 19, 2016, is the final day to submit comments to the United States Environmental Protection Agency (EPA) regarding the National Pollutant Discharge Elimination System (NPDES) Draft 2016 Remediation General Permit (RGP). Comments must be submitted in writing to Shauna Little, Office Of Ecosystem Protection, EPA - Region 1, at 617-918-1989 or [email protected]

For a copy of the Draft RGP, Federal Register Notice, and Fact Sheet, please follow the link below: 
https://www3.epa.gov/region1/npdes/rgp.html

Technical questions pertaining to the terms of the permit can also be directed to Shauna Little

Once all comments have been reviewed, EPA will prepare a response to comments. EPA will provide the final permit and its response to comments to each state covered by the permit (Massachusetts and New Hampshire). Upon receipt of Federal Clean Water Act 401 Certifications from Massachusetts and New Hampshire, certifications from Massachusetts and New Hampshire Coastal Zone Management Federal Consistency Reviews, and Federal concurrences from the United States Fish and Wildlife Service and the National Marine Fisheries Service regarding endangered species, EPA will publish a Notice of Availability of the final 2016 RGP in the Federal Register. The 2016 RGP will supersede the expired 2010 RGP upon the effective date specified in the Federal Register.

For more information about the RGP, interim measures, and upcoming training opportunities, please check the Technical Practices Committee article to be published in the upcoming LSPA newsletter.

Thank you - 

Andrea Eagan, Woodard & Curran & Jason Chrzanowski, GZA GeoEnvironmental
LSPA Technical Practices Committee Co-Chairs