Sunday, February 12, 2012

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.

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