Search

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. Comments on the proposed rule were due to EPA by February 10,1997.

Status: EPA plans to publish a final rule in December 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: AMSA submitted comments to EPA on March 28, 1996. EPA expects to publish a final rule in October 1997. CONTACTS: Sam Hadeed, AMSA 202/833-4655, or Robin Danesi, EPA 202/260-2991.

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 has prepared an "Inventory of Issues, Ideas, and Proposals from the Public Meetings, Roundtable Discussions, and Written Comments," which summarizes suggested principles and specific measures offered by stakeholders and regulatory partners who have participated to date. The Inventory will be used to guide the discussions during the roundtable meetings. This document will be updated throughout the roundtable meetings to reflect the current dialogue regarding measures for EPA's enforcement and compliance assurance program. The inventory is available on-line at EPA's EnviroSense Web Site at: http://es.inel.gov/oeca/perfmeas. OECA held a performance measures stakeholder meeting on July 30 in Washington, DC, which included AMSA. A draft report on the National Performance Measures Strategy and the proposed alternative measures will be released to stakeholders on September 16, 1997. The report will describe the need for enhanced measures, key ideas from interested parties, general findings about performance measurement, a proposed measurement framework, and a set or performance measures and possible implementation steps. EPA encourages stakeholders to comment on the draft report through written submission at the Capstone Conference scheduled for Tuesday, October 7, 1997, at the Holiday Inn Historic District Alexandria (703/548-6300). Following review of comments received, EPA will issue a final report of findings by October 31, 1997. The Capstone Conference, on October 7, 1997, will review and discuss with stakeholders and regulatory partners the alternative performance measures contained in the draft report and which EPA is considering adopting for its enforcement and compliance assurance program. Panel members will make presentations to senior officials from EPA, DOJ and State environmental agencies. CONTACT: Sam Hadeed, AMSA 202/833-4655 or James McDonald, EPA 202/564-4043.

Related Items of Interest

  • EPA plans to conduct one more 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. The last course is scheduled in Denver, Colorado, on September 22-26. CONTACT: Dan Weese, EPA 202/260-6809.