NPDES PERMIT ISSUES
NPDES Streamlining - Proposed Rule
Background: In response to President Clinton's February 21, 1995 Reinventing Government directive, EPA proposed
revisions to NPDES requirements in 40 Code of Federal Regulations
(CFR) Parts 122, 123, and 124 to eliminate redundant regulations,
provide clarification, and remove or streamline unnecessary procedures
which do not provide environmental benefits (Round II). The proposed
Round II rule was published in the December 11, 1996 Federal
Register. Proposed revisions for Round II include: (1) allowing
general permits to cover multiple categories of discharges, thus,
increasing the ability of general permits to cover currently unregulated
sources, and streamline reissuance procedures of general permits
where no changes in permit conditions are anticipated; (2) allowing
permit writers not to require permit limits for all effluent guideline
listed pollutants under certain circumstances; (3) removal of
stormwater group application requirements; (4) streamlining permit
terminations procedures; and, (5) revising Part 124 evidentiary
hearing procedures.
Status: Comments on the proposed rule were due to EPA
by February 10,1997. EPA plans to publish a final rule in July
1997. Work has begun on Round III streamlining and may include
(1) additional permit modifications that can be considered minor,
and (2) changes to requirements concerning EPA's review of State
permits. Other NPDES streamlining efforts are described in more
detail in subsequent sections of this Update. CONTACT: Thomas
Charlton, EPA 202/260-6960.
NPDES Permit Application Requirements for POTWs, Form 2A and
2S - Proposed Rule
Background: EPA published in the December 6, 1995 Federal
Register, a proposed rule which will amend NPDES permit application
requirements and application forms for POTWs. The proposed regulations
and Form 2A would replace existing Standard Form A and Short Form
A to account for changes in the NPDES program since the forms
were issued in 1973. The proposal consolidates POTW application
requirements, including information regarding toxics monitoring,
whole effluent toxicity (WET) testing, pretreatment facility and
hazardous waste contributions, and combined sewer overflows (CSOs).
The most significant proposed revisions according to EPA, would
require toxic and WET monitoring by major and pretreatment POTWs.
EPA states that it believes that this information is necessary
in order for permitting authorities to issue permits that will
adequately protect the Nation's water resources. The proposed
rule allows waivers where information is already available to
the permitting authority. Refer to the Biosolids Management Issues
section for a description of the requirements of the sewage sludge
Form 2S.
Status: The proposed regulations and application forms
were distributed to the membership via Regulatory Alert
RA 96-4 on January 30, 1996. AMSA comments were synthesized
and reviewed by AMSA's Biosolids Committee prior to submittal
to EPA on March 28, 1996. EPA expects to publish a final rule
in August 1997. CONTACTS: Sam Hadeed, AMSA 202/833-4655, or Ruby
Cooper Ford, EPA 202/260-6051.
EPA Office of Enforcement and Compliance Assurance National Performance
Measure Strategy for Enforcement and Compliance Assurance
Background: EPA's Office of Enforcement and Compliance
Assurance (OECA) is seeking input on alternative approaches to
traditional EPA bean-counting activities by taking steps to identify
and improve performance measures for enforcement and compliance
activities. The effort is part of an overall National Performance
Measures Strategy, as EPA hopes to establish a dialogue with regulatory
partners and stakeholders through a series of meetings culminating
with a report by mid-October 1997.
Status: EPA's next steps in developing their National Performance Strategy for Enforcement and Compliance Assurance is to meet with sets of stakeholders and regulatory agencies throughout the Spring and then hold a "capstone" conference with stakeholders by mid-September. A final report and implementation schedule should be available by October 1997. CONTACT: Sam Hadeed, AMSA 202/833-4655 or James McDonald, EPA 202/564-4043.
Related Items of Interest
EPA is currently planning to conduct six NPDES Permit Writers'
Training Courses during 1997. The objective of the course is
to provide the basic regulatory framework and technical consideration
that support the development of wastewater discharge permits as
required under the NPDES Program. The course is designed for
new permit writers, but may serve as a useful refresher for individuals
experienced in the NPDES Program. The course may also benefit
those interest in learning about the NPDES Program and process
of developing, issuing and complying with NPDES permits. A tentative
list of course locations and dates are as follows: Philadelphia,
PA (May 1997); Honolulu, HI (June 1997); Boston, MA (August 1997);
and, Chicago, IL (September 1997). CONTACT: Dan Weese, EPA 202/260-6809.