Revised EPA 2012 Construction General Permit (CGP) Released

U.S. Environmental Protection Agency (EPA) is issuing a new general permit for stormwater discharges from construction activities. The 2012 construction general permit (CGP) is required under the Clean Water Act and replaces the existing 2008 CGP, which expired on February 15, 2012. The new permit includes a number of enhanced protections for surface waters, including provisions to protect impaired and sensitive waters. The 2012 CGP updates include requirements intended to limit erosion, minimize pollution sources, provide natural buffers or their equivalent around surface waters, and further restrict discharges to areas impaired by previous pollution discharge.

Many of the permit requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industry that became effective on February 1, 2010, which include pollution control techniques to decrease erosion and sediment pollution.

The permit will be effective in areas where EPA is the permitting authority: Idaho, Massachusetts, New Hampshire, New Mexico, Washington, D.C., and most U.S. territories and in Indian country lands.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

New Benchmark Monitoring Requirements For Discharges To Impaired Waters

The 2012 NPDES General Permit No. GAR050000 for Storm Water Discharges Associated with Industrial Activity (2012 IGP) was issued as a third draft for public comment on January 17, 2012. Comments are being accepted from January 17 to March 16, 2012. Georgia Department of Natural Resources - Environmental Protection Division (EPD) anticipates the final industrial permit will be issued in April 2012.

Review a Regulatory Briefing on the Georgia 2012 IGP

The 2012 IGP has certain requirements that apply only to facilities that discharge either directly to an impaired water, or to a tributary to an impaired water, if the facility is located less than one mile from the impaired water. An impaired water is a water body, or part of a water body, that does not meet State Water Quality Standards and has been placed on the 303(d) Impaired Waters list submitted to and approved by US EPA.

If the pollutant of concern (POC), such as sediment, could be exposed and/or could be contained in the stormwater run-off, facilities are required to conduct benchmark monitoring twice each quarter, rather than once per year. In addition, the applicable benchmark concentration becomes equal to the State Water Quality Standard, and not the sector-specific benchmarks in the 2012 IGP (which are generally higher). If benchmarks are not exceeded, sampling could be reduced to twice per year.

For those facilities that conducted impaired waters monitoring under the previous permit (2006 IGP) and passed all benchmarks, the additional monitoring under the 2012 IGP is twice per year.

Some facilities may be able to certify that the POC is not present at the facility, in which case they are not required to conduct the additional impaired water monitoring. Finally, some facilities may be able to conduct studies or analyses that demonstrate that their stormwater discharge will meet applicable Water Quality Standards. In this case, the analysis must be certified by a Professional Engineer or Professional Geologist and approved by EPD.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

No Exposure Exclusion NEE Requirements Under Revised EPD Industrial Permit

The 2012 NPDES General Permit No. GAR050000 for Storm Water Discharges Associated with Industrial Activity (2012 IGP) was issued as a third draft for public comment on January 17, 2012. Comments are being accepted from January 17 to March 16, 2012. Georgia Department of Natural Resources - Environmental Protection Division (EPD) anticipates the final industrial permit will be issued in April 2012.

Click here to review a Regulatory Briefing on the 2012 ICP

One of the significant requirements in the final draft permit is related to facilities that submit a No Exposure Exclusion (NEE). Those facilities that have certified to a condition of No Exposure by submitting the Industrial No Exposure Exclusion Certification form are exempt from the IGP as long as the condition of No Exposure is maintained. However, Georgia is unique is requiring that NEE facilities document compliance with the NEE requirements. Owners and operators of facilities for which an NEE form is submitted are required to conduct quarterly inspections each year to ensure that a condition of No Exposure is maintained at the facility. Results of the inspections must be maintained at the facility and available to EPD upon request.

If an inspection shows that any condition of the No Exposure Exclusion does not exist, then appropriate remedial measures are required within 30 days of the inspection, or the facility owner or operator must submit an NOI to obtain coverage under the general permit

The NEE form must be submitted on every permit cycle re-issuance. Therefore facilities that submitted their NEE form under the previous permit must resubmit their certification within 30 days after the effective date of the 2012 IGP.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Georgia 2012 Industrial General Permit Update

The 2012 NPDES General Permit No. GAR050000 for Storm Water Discharges Associated with Industrial Activity (2012 IGP) was issued as a third draft for public comment on January 17, 2012. Comments are being accepted from January 17 to March 16, 2012. Georgia Department of Natural Resources - Environmental Protection Division (EPD) anticipates the final industrial permit will be issued in April 2012. The draft revised permit, which included significant changes from the expired general permit. Earlier drafts were issued in June and August 2011.

[Read summary of earlier IGP version]
[Read a Regulatory Briefing summarizing key elements of the 2012 ICP]

Once finalized, current permittees covered under the 2006 IGP will be required to submit a new Notice of Intent (NOI) within 30 days after the effective date of the new permit. New dischargers commencing discharge after the effective date of the 2012 IGP must submit an NOI for coverage 7 days prior to commencing discharge. Also, existing facilities which had previously filed for a “No Exposure Exclusion‟ (NEE) must submit a new NEE form no later than 30 days after the effective date of the 2012 IGP. The 2012 IGP requires facilities that claim they have no storm water discharges associated with industrial activity file a “No Discharge Exclusion” (NDE) form which must be certified by a professional engineer.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Draft MS4 Permit Issued For Joint Base Lewis-McChord, Washington

The U.S. Environmental Protection Agency has issued a received a proposed Municipal Stormwater discharge permit to Joint Base Lewis-McChord (JBLM). Located just south of Tacoma, JBLM is the largest military installation on the West Coast. The most recent population estimate for the base was 95,000 people, including military personnel, military dependants residing on base, civilian employees, and visitors. The permit, when final, is expected to regulate how stormwater is managed across nearly 142 square miles of base property.

EPA’s draft municipal separate storm sewer system (MS4) permit for JBLM is the first such proposed permit for a military or other federal facility in western Washington. The draft permit requires specific actions and activities that must be accomplished over at least the next five years to protect local waters.

Among the new requirements under the proposed permit, the base must control runoff from all construction sites; control runoff from all new development and redevelopment sites; map, inspect, and maintain the storm system, and engage JBLM employees and the community about preventing pollutants in storm water runoff.

Due to its proximity to Puget Sound, the Base permit also requires:

• stormwater runoff from redevelopment and new projects must meet performance standards through use of Low Impact Development (LID) techniques and, if needed, traditional stormwater features (detention ponds);
• a new construction project threshold of 5,000 square feet or greater;
• a program to reduce runoff from the existing developed areas;
• a biological stream health monitoring program using aquatic insects in Clover and Murray Creeks.

EPA’s proposed permit requires LID practices such as rain gardens, permeable pavement, native vegetation areas, and green roofs to avoid or lessen the reliance on traditional stormwater pipes and ponds. By using LID, a larger portion of rainfall will be intercepted, infiltrated, evaporated, or reused to avoid excess runoff. LID actions are expected to maintain or restore a more natural stream flow throughout the year, replenish groundwater, help protect fish and other aquatic organisms, and to reduce the influx of pollutants discharged into the streams, creeks and lakes on the base or into Puget Sound.

EPA will hold a public meeting to discuss the permit on March 19, 2012 in Lakewood, Washington. Comments on the Draft Permit will be accepted through March 30, 2012. EPA will then consider and respond to all comments, and make any necessary changes to the draft permit. The Washington Department of Ecology will also consider certifying the permit in accordance with Section 401 of the Clean Water Act. The EPA Director of the Office of Water & Watersheds will then make a final decision about permit issuance.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP atinfo@calthacompany.comorCaltha LLP Website